"We have been informed that all of the Probation and Parole officers statewide were going to be instructed to make sure everyone they see gets signed up (for ObamaCare)," she said. Murphy added that judges around the state have already been making ObamaCare enrollment a condition of release from prison.
Newly released ex-offenders are already eligible to sign up for ObamaCare, but the idea of forcing them to sign up or face being sent back to jail is new -- and problematic.
KRS 439.500(1)(a) prohibits probation and parole officers from using their office to influence the political action of any person. In the NFIB case, the United States Supreme Court explained "(n)either the Act nor any other law attaches negative legal consequences to not buying health insurance, beyond requiring payment to the IRS. The Government agrees with that reading, confirming that if someone chooses to pay rather than obtain health insurance, they have fully complied with the law."
So if not purchasing ObamaCare is not a matter of breaking the law, then forcing someone to become an ObamaCare statistic is clearly a political act. Probation and parole officers in Kentucky can't do that, so forcing them to violates state law.
