A constitutional law professor at George Washington University said that Obama “has been far more aggressive in circumventing Congress and far more successful in creating an imperial presidency” than Bush.
“It’s less of a frontal assault than it is a flanking maneuver,” he said. “He may be violating the spirit of the law but not necessarily the letter. The legality is up in the air.”
Timothy Jost, a longtime supporter of the health care law and a law professor at Washington and Lee University, defended the mandate decision.
“This is really a question of enforcement and when the administration runs into practical difficulty, it delays enforcement,” he said.
He predicted the administration would get its way in the end.
“I don’t see the courts intervening here. I’m sure Congress will hold hearings but there really isn’t anything they can do.”
Vice President Joe Biden waits to conduct a mock swearing-in ceremony with Sen. Brian Schatz, D-Hawaii, in the Capitol's Old Senate Chamber, December 2, 2014. Schatz was sworn in to serve the remainder of his term since he was appointed to the seat after Sen. Daniel Inouye, D-Hawaii, passed away.