Stuart Varney invited Judge Andrew Napolitano in to explain what is going on in the case of the first executive order of President Trump, one targeting the Obamacare mandate. Napolitano says he has “one word to describe it, revolutionary. I have never seen anything like it.”
He says, “It basically says to the Department of Justice, Treasury and Health and Human Services, the three departments that, in one way or another, administer the Affordable Care Act, please be advised this will soon no longer be the law. So I don’t want you to assess any fines, penalties, set offs against the states, or taxes on individuals who didn’t comply with the individual mandate.”
Napolitano continues his explanation, saying, “I don’t want you to disobey the law, I want you to enforce it while it’s still the law. But here’s the revolutionary part, when there’s a dispute between the individual an individual and the government, you will exercise your discretion in favor of the individual. That statement there is unheard of in American legal history.”
For those who don’t have Obamacare on April 15th, Napolitano says, “I doubt that there will be the penalty/tax imposed on that bill.” Napolitano says, “It is truly revolutionary to anticipate that the law will change and to direct the tens of thousands of human beings that work for the federal government, that administer the law, to anticipate the change, to dial back the aggression and severity with which they enforce the law and, in areas where there’s discretion, to exercise that discretion against the government, against the statute.”
Varney makes the observation that it seems as though the whole process is just galloping forward, that President Trump is not willing to stand still for any length of time, he’s jumped on it, all over it.”
Napolitano concurs, saying “It is truly astonishing” and repeating what seems to be the most appropriate word to describe it, “revolutionary.”
Aside from the wizardry of President Trump, there is also an interesting situation in Texas developing with a local sheriff who doesn’t want to cooperate with ICE by enforcing their detainers. Governor Gregg Abbott is giving him a million and a half reasons why he might want to reconsider and be best served by obeying the law.
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