Commissar Sebelius has finally discovered a regulation she isn’t willing to break. Sarah Murnaghan is a 10-year-old girl who needs a lung transplant but doesn’t qualify pursuant to federal regulations that put kids her age on a different waiting list than those 12 or older.
Sebelius has the authority to waive that rule but refuses to do it because, she says, her HHS lawyers have told her she can’t. Since when does does this apparatchik give a rat’s ass about regulations or the rule of law? Watch the Commissar justify her intransigence:
This is a complex situation, but at least one judge has decided that now is not the time to ponder nuances. U.S. District Judge Michael Baylson, apparently agreeing with the parents that the regulation is “arbitrary, capricious, and an abuse of discretion,” has ordered her to suspend it.
It is Sebelius’ normal practice to ignore the law when it suits her to do so. I wonder if she has the guts to ignore a court order in a situation like this.