The Obama administration sent Kentucky Gov. Steve Beshear more than a quarter billion dollars to set up the first phase of federal health reform in the Bluegrass State. Beshear, who came into office backed by casino gambling supporters and personally guaranteeing he would change state law to allow expanded gambling at horse tracks, has failed the White House even more spectacularly. The President knows this, obviously, but is too embarrassed by other failures in his plans to make a public example of Beshear. Yet.
There are a lot more elements of the Affordable Care Act teed up to go disastrously wrong for the President (see Halbig v. Sebelius, see any future verified details about how many ObamaCare policies are paid for, sold to sick people, sold to previously insured people, etc.) and Beshear stands to get dumped on hard in the increasingly likely collapse. In applying for the more than $252 million in federal funds to set up the Kentucky Health Benefit Exchange, Beshear had to certify the legal authority by which he created the new agency. He personally guaranteed that he had done so on the federal grant application papers by referencing the temporary reorganization executive order he filed. He did not disclose that KRS 12.028 requires him to get legislative approval to make it legal. He never got that approval.
This matter is currently awaiting action from the Kentucky Supreme Court (see 13-SC-000667).
When Beshear was sued for his role in the ObamaCare Medicaid expansion, he first claimed that he was being sued too early because he had not yet initiated the regulatory process under KRS 13A. After that claimed was rejected by the Court and too late to complete the process legally, Beshear initiated administrative acceptance of the Medicaid expansion. See 13-SC-000652
Kentucky will host visitors from all over the world this weekend and they will be regaled with stories about how a Democratic governor served his Democratic president in a state represented federally by Republicans. Don't believe it. Beshear has violated the law and his oath of office and has betrayed everyone in sight.
Enjoy the horse races.