A lot has been written, said and argued, over the new HHS mandate regarding the provision of contraception. The left claims its protecting women; the right that it is protecting religious freedom.
But in the back and forth, a more basic question has been largely missed.
Since when could the president by administrative order decide that a private company must provide a service for free? Mind you, this is not legislation, this is not a debate over the commerce clause or other legislative powers. This is executive power. This is agency action. And it’s requiring a minimum level of service. And it prohibits the provider from charging for the service.
Since when did the Constitution permit that? And isn’t this the bigger story?
I can't wrap my mind around this compromise provision at all. How can any benefits be provided "free of charge"? I have to assume the insurers will raise their prices for related benefits to cover their cost. Am I wrong in thinking this compromise is, at the end of the day, just an accounting trick? Is it really that simple/ludicrous?
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