Regarding signing a statement saying that you did NOT make your most recent business decision due to the affect of non affect of a tax. Andrew C. McCarthy of the National Review.
What is illegal and irrational is not a company’s commonsense deliberation over its costs, it is Obama’s edict. And look what attends this one: criminal prosecution if Obama’s Justice Department decides the business has falsely certified that its staffing decision was not motivated by Obamacare.
Think about that for a second. The waiver is illegal. It flouts the language of the Obamacare statute, under which the employer mandate is required already to have been implemented by now. There is nothing in the law that empowers Obama to waive the mandate, much less to attach lawless conditions to such a lawless waiver. A business that seeks the waiver and fails to pay the mandated tax (in lieu of providing the required coverage) is in violation of federal statutory law, regardless of its compliance with Obama’s outlaw edict. The payments required by the statute, after all, are owed to the public, not to Obama – he’s got no authority to deprive the government of these funds just because it would harm Democrats to collect them.
Yet, Obama proclaims his illegal waiver with impunity – Congress apparently unwilling to stop him. You, on the other hand, will be prosecuted for breaking the “law” if you do not comply to Obama’s satisfaction with the illegal and irrational condition he has unilaterally placed on his illegal waiver.