Here is another "red line" for the president.

After endless and lawless tweaking and rewriting the Affordable Care Act aka ObamaCare, there now can be a definitive declaration of a group being harmed.

Employers with 50 to 99 employees have been given yet another one of these fiat waivers from Obama. And the employers with over 100 employees can now cry foul, and even a Democrat might see the inconsistencies and injustices of the recent waiver.

Employers with over 100 employees -- say 110 -- are still bound to obey and incur fines, no taxes, (or is a penalty?). They are being placed in a competitive disadvantage in the marketplace. The term "competitive" is the bad word that progressives only seem to apply to politics. But those businessmen with over 100 employees are clearly still hamstrung by the bill, while their competitors are released. It's unfair to them and now they now have a standing in court.

Executive orders (EO) truly need some legal clarification, so let's get it done before the court gets further packed with progressive liberals. The concept of EO has morphed beyond reasonable construction of the Constitution. Never was the Executive branch allowed to alter passed law.

From the Legal Dictionary "Historically, executive orders related to routine administrative matters and to the internal operations of federal agencies, such as amending Civil Service Rules and overseeing the administration of public lands. More recently, presidents have used executive orders to carry out legislative policies and programs." And...."The executive Power shall be vested in a President of the United States of America" (art. II, § 1, cl. 1); the Take Care Clause, which states that the president "shall take Care that the Laws be faithfully executed" (art. II, § 3);

The recent waiver, and all the waivers, are clearly not implementing the law and certainly there is no faithful execution of passed law facilitated by the waivers. Furthermore, because these waivers involve penalties, and those penalties have been deemed "taxes" by the Federal Court, Obama is waiving the taxes (penalties) that are necessary to fund the Act. He is interfering with taxation.

One other ramification of this new declaration from on high is that the employer with just over 100 employees might very well trim the staff, let a few go, so as to creep under the ceiling. Ah, but those released would be free to lead the style of  life that Nancy Pelosi promotes. Now we can see the wisdom of the new waiver. More artists and stamp collectors.