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Reuters: Suing Over Obama-Care Delays Is Futile

From Reuters:

Healthcare mandate delay may be illegal, but challenges unlikely – experts

By Terry Baynes | February 11, 2014

(Reuters) – The Obama administration may have pushed the bounds of its legal authority by delaying the healthcare law requirement that certain employers provide coverage to full-time workers, but the move will be tough to challenge in court, according to legal experts…

When have we ever seen articles warning about the futility of suing over something the left wanted to sue about, no matter how ludicrous the lawsuit?

Delays beyond January 2014 may have exceeded the administration’s authority, according to legal experts, because when Congress passed the Affordable Care Act of 2010 it stated that the employer mandate would apply after December 31, 2013.

The administration has taken "a legally shaky position," said Nicholas Bagley, a law professor at the University of Michigan who specializes in administrative and health law. "Extending the delay even to a portion of plans for a second year is pushing legal boundaries even harder."

Legal experts said, however, they could not think of anyone who would have the standing to sue. At least two lawsuits have already been filed over delays to the employer coverage requirements, one of which was dismissed in January…

Legal experts said, however, it would be difficult for any group or individual to show that they have the legal standing to challenge the delay in court. "No single individual is concretely and particularly injured by the governmental action, and that’s a requirement to get into federal court," said Bagley…

What about the businesses and individuals who are being discriminated against by not being granted a similar delay? Don’t we still have a little thing called equal protection under the law?

At least two groups have already filed lawsuits against the administration’s initial one-year delay of the employer mandate announced in July.

Huh? We were just told no one would ever sue.

One lawsuit was filed by a conservative watchdog group, Judicial Watch, on behalf of Kawa Orthodontics, a Boca Raton, Florida-based orthodontics practice with more than 70 full-time employees. In its complaint, Kawa said it had been harmed by the delay, having spent significant time and money, including legal fees, to prepare for the employer mandate to take effect in 2014.

The U.S. district court in Florida dismissed that lawsuit on January 13, finding that Kawa did not have standing because it had not suffered a "concrete injury." Kawa has appealed to the 11th Circuit Court of Appeals.

The left never gives up if they have a lawsuit dismissed. They just shop for another judge.

Another lawsuit is pending in federal court in Wisconsin, brought by the Association of American Physicians and Surgeons, a libertarian physicians group…

"The law says that the employer mandate must go into effect the same time as the individual mandate," said Andrew Schlafly, a lawyer for the physicians group. "Only Congress can change the law."

How foolish of them to believe that everyone should be treated the same under the law. This is the Age Of Obama.

This article was posted by Steve Gilbert on Wednesday, February 12th, 2014. Comments are currently closed.

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