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Obamacare and You

To the great surprise of millions of Americans and much to my chagrin, Gary Johnson failed to win the Presidency this November. If conservative pundits are to be believed, President Obama is likely to attempt kill us all in the next four years and that we have no choice but to flee to a paradise named Canada (typically an illusive destination, memorialized by the losing electorate after each election for past 6 or so election cycles as being a better alternative albeit an alternative that is too boring for us Americans).

Turning to what is actually important, as a business owner, I find the President’s socialist streak divorced from reality and more than a bit unsettling. As an attorney, whose job consists of anticipating potential legal challenges to contractual clauses and looking to take advantage of statutory interpretation, I have to consider the alternative.

Conservatives should consider Obama’s victory a blessing in disguise because his re-election heralds the potential demise of the Patient Protection and Affordable Care Act, affectionately referred to as Obamacare, the latest, greatest contract with the people. Justice Roberts, after all, is no turn-cloak, no liberal clad in conservative wool. Roberts constitutes a special and rare exception among conservative politicians — he is cunning. By reading the penalty out of the PPACA, Justice Roberts rendered the Act virtually unenforceable. How can any law be enforced except through the imposition of a penalty for noncompliance? For so long as President Obama remains the face of Obamacare, any attempt at enforcement of the PPACA will be met with legal challenge on the part of frothing conservative hordes who have yet to flee to Canada.

Had Governor Romney assumed the mantle of the world’s most powerful man, he would likely have rendered Justice Robert’s verdict innocuous. It is not a stretch to conclude that the author of Romneycare, Governor Romney’s version of government subsidized healthcare in the Commonwealth of Massachusetts, would endorse, at least tacitly, the PPACA. Fortified by the endorsement of a conservative President, Obamacare would not have to fear legal challenge from the right. So, in a surprising turn of events, President Obama insured the demise of his own legislation simply by being re-elected.

Obamacare aside, American business owners are going to continue to face many challenges in the years to come. The attorneys at the Law Firm of Grigaltchik & Galustov, P.A., while not engaged in writing political opinion blog posts such as this, can provide you with legal aid from business formation to dissolution and everything in between, including litigation, contract drafting and enforcement, estate planning and much more. Learn more about us on the web and give us a call at (904) 738-8398.