Posted on 10/01/2013 6:43:03 PM PDT by BulletBobCo
A Florida orthodontist sued the Obama administration on Tuesday, insisting that the White House must abandon changes it has made on its own to the Affordable Care Act, instead obeying the letter of the law as Congress passed it.
The administration has made several tweaks to the Obamacare law, including a one-year delay of a measure that requires companies with 50 or more employees to offer them health insurance or pay financial penalties.
The law specifies an exact date when that feature is to go into effect – January 1, 2014 – but the White House announced in July that it would push that date back, angering some in Congress who saw the move as a unilateral power grab.
The lawsuit, filed by Dr. Larry Kawa, claims that the regulatory changes violate the Administrative Procedure Act and go beyond President Obama’s constitutional powers.
(Excerpt) Read more at dailymail.co.uk ...
Oh. I suppose I should note I was being sarcastic in the first line.
Florida news via the UK. Funny, I don’t see this news from FLORIDA reported in any FLORIDA media.
Got bias?
The word you’re looking for is Precedent. Most of our laws are based somewhat on laws that came before, decisions that came before.
Letting Obama get away with rewriting sections of Obamacare he finds politically damaging sets a VERY bad precedent.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Obama Is assuming powers not granted to the President (rewriting law). Couldn’t this orthodontist have standing as “the people” ?
It’s the Law of the Land!
Bet the case gets thrown out for standing, or something equally dumb.
Maybe. We have an outlaw President so anything is possible.
"After all, Prohibition was the law of the land (under the 18th Amendment), and the politics of its widespread loss of respect for the law resulted in its repeal (21st Amendment).
The 21st Amendment did not totally end Prohibition. The individual states could then vote in local option for either being “wet” or “dry”. But the power was stripped from the Federal government to enforce prohibition anywhere.
How was that for repeal and replace?
Let's be honest for once: ObamaTAX is based on Sharia Law.
>> ...tomorrow Congress can commit rape, murder and theft??!!!
>
> Well, they seem to have the theft part down pat.
Possibly murder*, too, provided it involves an Oldsmobile and a river.
* Manslaughter.
Maybe the shift in the wind has something to do with the huge increase in litigation for monetary compensation. There you would have to have something like standing as we know it, but perhaps not for every other kind of case. Wish the Federalist Society would take this up, but maybe it is not a good issue in their eyes for some reason.
0bama is beginning to lift the veil on his Dictatorship, but few see it for what it is.
Which is why I have stopped watching Hannity... I have already mentioned why I stop watching O'Reilly a long time ago. Fox is NOT fair and balanced... they perhaps unwittingly advance progressive-ism by allowing the loonies to over-shout anyone with a reasonable point of view.
FR and Americans in general are going to have to come to the realization that the TEA PARTY is comprised of the people who work and produce and pay the government's bills - and the Tea Party is considered the most dire enemy by Washington and its lackey media!!! We are living in a tyranny by Stalinists and it is going to take a Hurculean effort to get this monkey off of our backs! I doubt it will happen via the ballot box.
If the Supreme Court can absurdly determine that those who worked to pass Prop 8 in California, and then fought their State all the way to the Supreme Court when their corrupt government refused to abide by Prop 8 (rolled over in the face of legal challenge), didn’t have standing, I’m sure they will come up with a theory here as well. (By the way, by that absurd reasoning the Supreme Court pretty much killed off the value of initiative nation-wide, since the whole point of initiative is direct action by the people when their government refuses to act.)
Not to mention this is the same court that ruled Obamacare was unconstitutional because it was beyond Congress’ powers, and then immediately said it could still enforce this unconstitutional law through a system of “taxes.” (Ignoring the unconstitutional conditions doctrine—the legislature may not do indirectly what it cannot do directly.) And it also didn’t deal with the problem that the “tax” is unlawful because the tax provisions arose in the Senate, not the House. (The challenge to that portion of Obamacare is still being fought in the D.C. Circuit by Pacific Legal Foundation.)
Leni
The Repubs should stall funding ObamaCare, as more and more problems with it come to light. Eventually, it will fall under its own weight.
You’re right. I’ve had no confidence in the courts for the last few years at least. Nothing that matters is anybody’s “business”, according to their rulings on standing in critical cases. This man has standing. Whether the courts will recognize that standing is a whole ‘nother story, as you correctly note. Right now we are basically functioning without a Constitution because our courts are so compromised.
Wasn’t there a report that the NSA had tapped the phones and emails of nearly all the judges in California? I wonder what the reasoning was...
That should be the mantra among the defunders also - no funding without a delay/exemption for all, or removal of all subsidies, waivers and exemptions for all (apply the law equally).
To paraphrase a famous moron:
After all, shouldn’t we all have some skin in the game?
Make Bammy put back all his waivers and exemptions and make sure they go in effect January 1.
You’ll see a tidal wave GOP win after 11 months of original recipe Bammycare. Delaying it a year means nobody get to feel the pain prior to the election.
It’s time America gets the goobermint they voted for. Instead , the morons in the GOP will save Democrats from themselves.
“The best way to get a bad law repealed is to enforce it strictly.”-Abraham Lincoln
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