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Conservatives Sue Over Employer Mandate Delay

From the Washington Free Beacon:

Conservatives Sue to Enforce Obamacare Employer Mandate

By Elizabeth Harrington | October 1, 2013

A Florida orthodontist and conservative watchdog group filed suit Tuesday against the Obama administration for its delay of the employer mandate portion of Obamacare, arguing the president cannot pick and choose what parts of the law he wants to enforce.

Judicial Watch filed a lawsuit on behalf of Dr. Larry Kawa, owner of Kawa Orthodontics in South Florida, challenging Obama’s decision to postpone the employer mandate until 2015.

That’s fine. But why isn’t Congress suing Obama? Why aren’t the Republicans? (They are fine people, but Judicial Watch never seems to get very far with their lawsuits.)

But in any case, it’s hard to argue with their position. Presidents shouldn’t not be able to edit the laws of the land to help their political agenda.

Kawa said he spent significant time and resources preparing for the mandate, which was ultimately suspended.

Judicial Watch and Kawa say the president has violated the constitution in order to prevent political fallout from Obamacare in the 2014-midterm elections, and want the employer mandate to be enforced.

“If the law is to fail, let it fail now, not when it’s politically convenient for the president,” said Tom Fitton, president of Judicial Watch.

“The president wants to avoid the consequences of the law, and there are ways to do that legally, and that’s through having Congress repeal it or modify it,” he said. “He’s chosen not to do that and act as a one-man Congress.”

“He has no more power to do that than you or I,” Kawa said. “In fact, he has an affirmative duty to enforce the law, and we are here to make sure that he does that.”

In fact, the US Constitution explicitly states in Article II, Section 3, that the President "shall take care that the laws be faithfully executed." He doesn’t get to pick and choose. Though, try telling that to Obama.

The lawsuit, filed in the U.S. district court for the Southern District of Florida, alleges that the administration violated its own health care law requiring the employer mandate to begin in January 2014…

“The delaying of the ‘employer mandate’ until at least January 1, 2015, exceeded Defendants’ statutory authority, is arbitrary, capricious, and contrary to the law,” the lawsuit states.

If successful, the lawsuit would place a permanent injunction against the administration’s delay.

Judicial Watch and Kawa said the lawsuit is not designed to dismantle the law, but to ensure that Obamacare is fairly enforced. The administration has also granted more than 1,200 waivers to businesses, and worked out a deal for Congress to keep generous government subsidies for their premiums.

“I am tired of government picking winners and losers, victors and victims,” Kawa said. “And I suggest it ends here today.”

Kawa employs more than 70 people, and under the Affordable Care Act is required to offer health insurance to his employees. Kawa, said he has been providing “top shelf” insurance to his employees for 20 years, but spent considerable time and money to make sure his business was meeting the administrative requirements of the law…

“We obviously object to the employer mandate and to the entire Obamacare law,” Fitton said. “But we understand that under the U.S. Constitution, the law can only be changed by legislation passed by Congress and signed by the president.”

“President Obama would delay the damage of his health care scheme until after the 2014 congressional election, but politics do not trump the constitution or the rule of law,” he said…

How naive Mr. Fitton sounds sometimes. He sounds like he is from another place and time. A place we used to call America.

This article was posted by Steve on Wednesday, October 2nd, 2013. Comments are currently closed.

4 Responses to “Conservatives Sue Over Employer Mandate Delay”

  1. GetBackJack says:

    Ram it home. All the way.

  2. untrainable says:

    They’ll counter sue this guy into the poor house before they let his case get to court.

    Even if it gets to the Supreme Court, Obama will just use whatever leverage he has on Roberts and this lawsuit will be crushed. That is if Eric Holder doesn’t begin an investigation into Mr Fitton immediately for hate crimes, or sexual discrimination, or homophobia or SOMETHING. I’m sure, if nothing else, that he’s at least a racist.

    When, since Obama made it into office the first time, has a lawsuit against his dictatorship amounted to anything more than a blip on the radar for 5 minutes and then crickets?

  3. Enthalpy says:

    The President does not have the constitutional authority to change an existing law; he does not have the authority to pick and choose which laws he will enforce either. He took an oath to uphold our laws did he not?

  4. yadayada says:

    would love to see something good come out of this. however, when holder is the holder of the cards, I have little confidence this will go anywhere but into the slowest lane available. I feel this will be dragged out past Opy’s term in office.

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