The Constitution grants only to Congress the power to legislate. There is no greater threat to our delicate system of government than when federal courts allow unelected bureaucrats to make up their own laws. Yet last week, federal Judge Rosemary Collyer did just that.
The ruling has ominous implications for ObamaCare, enacted one year ago but not yet in full effect: This decision would allow the “health reform” law to become even more Orwellian than it already is, without any action from Congress.
In a case where I served as chief attorney for the plaintiffs, Judge Collyer allowed to stand three internal rules of the Social Security Administration that make receipt of Social Security retirement benefits contingent upon enrollment in Medicare. Plus, a person who withdraws from Medicare would not only have to give up Social Security retirement benefits, but repay all benefits previously received.