This is a really dangerous precedent. Using an executive order not just to interpret and resolve wrinkles in existing legislation, but instead to effectively negate the law with respect to a broad class of people is a major assault on the separation of powers. The fact that he's doing something that is popular for progressives seemingly makes it okay with them for this power grab to occur. I wonder what the response would be if in 2016 a Republican were to be elected president, but the Democrats took back the Senate and the Republican president were to do something similar to undermine Obamacare. Say he came out and made an impassioned plea about how the existing law places an unfair burden on young people by forcing them to buy more expensive plans than their risk-level would warrant. He talks about how the law places restrictions on employers that are suppressing job creation to the detriment of the working class. And then say that he announces that he is issuing an executive order instructing the IRS not to enforce penalties against young people for refusing to sign up for Obamacare plans and, further, that he is exempting corporations from the penalties for failing to provide plans in compliance with the law. By executive order, he could effectively knock out the financial foundation of the law so that the whole thing implodes without ever getting Congress to repeal the thing. I see little, if any, difference in what Obama is doing here.
I support immigration reforms and, with some adjustments to secure the borders so that we don't have on-going illegal immigration, would support what Obama proposed tonight. I think that he could have sold something like that to the new Congress by laying out the same points he did tonight and offering to work with them on a reasonable border security measure. Instead, he played this whole thing for political advantage....as usual.
