The Corner

Is Obama Planning to Reinstate Obamacare via Executive Order?

“We will be prepared,” said Obama aide Valerie Jarrett this week when asked about White House contingency plans in the event that Obamacare is struck down by the Supreme Court. But on Twitter, Marc Ambinder of The Atlantic said something interesting: that the White House has executive orders ready to go if Obamacare is struck down. “Their content and timing I don’t know,” Marc says. “But they’ve got contingency plans a-plenty.”

It’s not clear to me exactly how much of Obamacare can be reinstated via executive order. It’s certainly conceivable that the president could issue costly mandates that affect private insurers. But the president couldn’t expand Medicaid on his own, or ration Medicare without congressional approval.

Avik Roy is a senior fellow at the Manhattan Institute and the author of The Apothecary, the Forbes blog on health-care and entitlement reform. He is a member of Mitt Romney’s Health Care Policy Advisory Group. You can follow him on Twitter at @aviksaroy.

Avik Roy is the President of the Foundation for Research on Equal Opportunity (FREOPP.org), a non-partisan, non-profit think tank.

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