Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

AAPS Sues to Stop the Unlawful Revisions to ObamaCare (no delay of employer mandate)
heraldonline.com ^ | 10/30/2013 | Association of American Physicians and Surgeons (AAPS)

Posted on 10/30/2013 8:29:33 AM PDT by RoosterRedux

The Association of American Physicians & Surgeons (AAPS) has filed a lawsuit today in federal court to halt the unlawful revisions to ObamaCare (the Patient Protection and Affordable Care Act).

The separation of powers required by the Constitution prohibits the executive branch—the Obama Administration—from rewriting laws passed by Congress. Yet that is what Obama has done by changing key parts of ObamaCare in order to implement it.

The AAPS lawsuit, which was filed today in the Eastern District of Wisconsin, asks the Court to enjoin the Obama Administration from imposing its "individual mandate" while delaying the "employer mandate." The law that was passed by Congress in 2010 requires that the employer mandate go into effect at the same time as the individual mandate: Jan 1, 2014.

"The U.S. Constitution requires a strict separation of powers between the three branches of government, such that the executive branch cannot change laws passed by Congress," AAPS's lawsuit explains. By imposing the individual mandate in 2014 without the protection of the employer mandate, the Obama Administration has changed the legislation passed by Congress.

The delay in the employer mandate means that many Americans who might have had the protection of employer-purchased insurance will either have to purchase costly individual insurance for themselves, or else pay a tax. This unlawful change will force many Americans, more than Congress intended, to purchase expensive, unwanted health insurance. They will then have less income to use for things they do want, such as medical services purchased directly from private physicians without bureaucratic interference.

(Excerpt) Read more at heraldonline.com ...


TOPICS: Breaking News; News/Current Events; US: Wisconsin
KEYWORDS: beery0bama; bribes; chronycorruption; extortion; impeachcjroberts; kickbacks; mabealottagolf; maybealittleblow; michellesfriend; obamacare; payoffs; vacationtime
Navigation: use the links below to view more comments.
first 1-5051-73 next last

1 posted on 10/30/2013 8:29:33 AM PDT by RoosterRedux
[ Post Reply | Private Reply | View Replies]

To: RoosterRedux

all or nothing. This thing needs a mega crash or an impeachment. Or both.


2 posted on 10/30/2013 8:30:32 AM PDT by llevrok (Obama 2008 : "If you vote for me, you can keep your country")
[ Post Reply | Private Reply | To 1 | View Replies]

To: RoosterRedux

GOOD ONE. Thanks for this post. This is GREAT.


3 posted on 10/30/2013 8:33:49 AM PDT by NEMDF
[ Post Reply | Private Reply | To 1 | View Replies]

To: RoosterRedux

I have been trying to understand for a long time why this hasn’t been done much earlier. You would think Republicans would be smart enough to to file a constitution violation suit a long time ago in the knowledge that if Obama wanted to delay the Employer Mandate it meant that the Mandate would adversely effect the economy and the Democrat hopes in the 2014 elections. I am beginning to believe that the Republican party should get an “A” for “Dumb”.


4 posted on 10/30/2013 8:35:25 AM PDT by Old Retired Army Guy
[ Post Reply | Private Reply | To 1 | View Replies]

Comment #5 Removed by Moderator

To: RoosterRedux

Obama speaks, aotus signs an executive order and voila, we have the law of the land

well, not all of the land

Nevada is exempt from the land and its law
and 38 businesses in Nancy Pelosi’s congressional district are exempt from the law of the land
http://deskofbrian.com/2011/05/obamacare-exemptions-in-the-nancy-pelosi-district/
and unions
and Congress

they too are exempt from the law of the land


6 posted on 10/30/2013 8:37:59 AM PDT by silverleaf (Age takes a toll: Please have exact change)
[ Post Reply | Private Reply | To 1 | View Replies]

To: llevrok
The problem is that Obamacare (and a lot of other laws) are passed as amendments and modifications to the current United States code. Even if the ACA, as passed, doesn't mention that the President can give an exemption to the law there is still a pretty big chance that the law being modified by it does allow Obama to have that power. The Dems practice trickery on many levels and digging through all this will require someone who has read every word of Obamacare and all the relevant sections of the US code.
7 posted on 10/30/2013 8:38:06 AM PDT by KarlInOhio (Everyone get online for Obamacare on 10/1. Overload the system and crash it hard!)
[ Post Reply | Private Reply | To 2 | View Replies]

To: NEMDF
The outcome of this suit might also affect ALL waivers issued by the administration (for example, to labor unions).

Pretty exciting stuff.

8 posted on 10/30/2013 8:38:50 AM PDT by RoosterRedux (The only true wisdom is in knowing you know nothing -- Socrates)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Old Retired Army Guy

I never understood why there was very little said about Obama unilaterally delaying the employer mandate part of Obamacare.

We are a constitutional republic. A president has certain defined powers, as do other branches of government. I think it’s questionable that the president can issue a decree to change or delay legislation passed by Congress, as Obama did here.

Well, Obama has apparently gotten away with this. He will probably try other things, to expand his powers, since he is getting away with this one. He will push the envelope unless constrained in any way.


9 posted on 10/30/2013 8:39:03 AM PDT by Dilbert San Diego
[ Post Reply | Private Reply | To 4 | View Replies]

To: RoosterRedux

Thank you for posting this article...I have asked my congress representatives the exact same question....of course with no response....my reps. are Pingree-D/ Michaud-D....state of Maine where I get no real representaion.


10 posted on 10/30/2013 8:40:41 AM PDT by mythenjoseph (Seperation of powers)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RoosterRedux

My guess is that they will be denied standing.


11 posted on 10/30/2013 8:42:04 AM PDT by Carry_Okie (ZeroCare: Make them pay; do not delay.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RoosterRedux

That is what the law says. The craphead in the white hut can’t change that by himself.


12 posted on 10/30/2013 8:44:09 AM PDT by LowTaxesEqualsProsperity
[ Post Reply | Private Reply | To 1 | View Replies]

To: Carry_Okie
My guess is that they will be denied standing.

The standing of the AAPS is that their patients (and thereby their ability to practice medicine) will be damaged by the delay of the employer mandate.

13 posted on 10/30/2013 8:47:50 AM PDT by RoosterRedux (The only true wisdom is in knowing you know nothing -- Socrates)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Old Retired Army Guy

“I am beginning to believe that the Republican party should get an “A” for “Dumb”.”

The Republican establishment is not dumb. The Republican establishment is a tool of Wall Street and the multinational corporations. Big business wants to stop providing health care benefits for employees. It supports the strategy of moving to single payer health care fully funded by the government. The elimination of health care premiums for employees will increase profits dramatically.

The Republican Party establishment gives lip service to its voting base through anti-Obamacare rhetoric. However, as the recent government shutdown charade demonstrated, the party bosses have no desire to actually fight against government paid healthcare. They serve their Wall Street masters who actually fund the party coffers. Don’t expect any change if they capture the Senate in 2014 and White House in 2016.


14 posted on 10/30/2013 8:51:17 AM PDT by Soul of the South (Yesterday is gone. Today will be what we make of it.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Old Retired Army Guy
It seemed to me that when the law was passed, there were quite a few things that were to be "at the discretion of the HHS Secretary".

I'm not sure that the mandate was one of those things, but I'm pretty sure that Congress has ceded a lot of their authority to the Executive branch in the last few years.

15 posted on 10/30/2013 8:52:04 AM PDT by Repealthe17thAmendment (Is this field required?)
[ Post Reply | Private Reply | To 4 | View Replies]

To: RoosterRedux

AAPS does what Congress should have done months ago.


16 posted on 10/30/2013 8:52:14 AM PDT by hattend (Firearms and ammunition...the only growing industries under the Obama regime.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NEMDF

good news!! ...of course that is until a group of liberal Judges work their way around the Constitution!


17 posted on 10/30/2013 8:52:16 AM PDT by pollywog ("O Thou who changest not, abide with me.".......)
[ Post Reply | Private Reply | To 3 | View Replies]

To: RoosterRedux
(from the article):" The separation of powers required by the Constitution prohibits
the executive branch—the Obama Administration—from rewriting laws passed by Congress.
Yet that is what Obama has done by changing key parts of ObamaCare in order to implement it. "

Selective enforcement and modification of laws seem to define the personality of this adminsitration ,.. and not just with Obummercare !
Immigration
Second Amendment rights
Threat of bombing Syria
Financing known terrorists
"Fast and Furious ", and issuance of Executive Priviledge
Renewable energy resources
Automotive bailout
Quantitative Easing in banking, etc., etc
When is enough ..truely enough ?

Defund ObummerCrap !
and Impeach the architect who planned and purposely designed this chaotic program to fail.
Selective enforcement of laws leads to chaos , and it is not up the Executive to determine which laws to enforce .
Selective enforcement of laws is illegal , and a violation of oath of office ~ impeach !

18 posted on 10/30/2013 8:52:54 AM PDT by Tilted Irish Kilt (Enlightened statesmen will not always be at the helm. -- James Madison)
[ Post Reply | Private Reply | To 1 | View Replies]

To: hattend

AGREED!!!!!!!!!!!!!!!!! Congress needs to GO!!!


19 posted on 10/30/2013 8:53:25 AM PDT by pollywog ("O Thou who changest not, abide with me.".......)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Old Retired Army Guy

I give up on the Republicans. They are no help whatsoever. They should be hammering Sebelius today. But Nooooo.


20 posted on 10/30/2013 8:54:27 AM PDT by jersey117
[ Post Reply | Private Reply | To 4 | View Replies]

To: RoosterRedux

Oh my. Barry’s day just got worse.


21 posted on 10/30/2013 8:57:32 AM PDT by mojito (Zero, our Nero.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Carry_Okie

Congress definitely would have standing.


22 posted on 10/30/2013 9:00:09 AM PDT by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: KarlInOhio
The problem is ...

I think this boils down to what the framers talked about, virtue. Devoid of virtue, a republic is impossible. These are the times we live in, we've voted in a despot. Either it is a temporary thing, that will be corrected at the ballot box, or.... if will only be corrected using some other type of "box".

23 posted on 10/30/2013 9:01:58 AM PDT by C210N (When people fear government there is tyranny; when government fears people there is liberty)
[ Post Reply | Private Reply | To 7 | View Replies]

To: RoosterRedux

I wholeheartedly agree...seriously. Stick with the schedule and implement it now. People voted for it, make them take it. Now.


24 posted on 10/30/2013 9:03:13 AM PDT by MeneMeneTekelUpharsin (Freedom is the freedom to discipline yourself so others don't have to do it for you.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: All
The delay in the employer mandate means that many Americans who might have had the protection of employer-purchased insurance will either have to purchase costly individual insurance for themselves, or else pay a tax.

Actually, as I understand it, the delay would give employers some breathing room before deciding what to do...and stopping the delay will mean this storm named Obamacare will crash on the shores of corporate America at the same time it is hitting individuals.

Corporations will have to cut their employees' hours immediately (or by the end of the year) or consider them full time workers eligible for insurance (or subsidy).

25 posted on 10/30/2013 9:06:25 AM PDT by RoosterRedux (The only true wisdom is in knowing you know nothing -- Socrates)
[ Post Reply | Private Reply | To 3 | View Replies]

To: mojito
Oh my. Barry’s day just got worse.

Oh no it didn't. This guy is definitely the Teflon president. And some of the people he has around him a completely Despotic. This will not end well.

26 posted on 10/30/2013 9:06:52 AM PDT by MeneMeneTekelUpharsin (Freedom is the freedom to discipline yourself so others don't have to do it for you.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: RoosterRedux

Is the fact that Obama lied about Americans being able to keep their health plan and other nefarious deeds he pulled off to get this crappy p.o.s. (Obama Care) on the backs of the American people........ is this NOT an Impeachable offense?


27 posted on 10/30/2013 9:27:18 AM PDT by Din Maker
[ Post Reply | Private Reply | To 1 | View Replies]

To: Old Retired Army Guy
You would think Republicans would be smart enough to...

Did you seriously just type that?

28 posted on 10/30/2013 9:30:07 AM PDT by Turbo Pig (...to close with and destroy the enemy...)
[ Post Reply | Private Reply | To 4 | View Replies]

To: RoosterRedux

Even on the fast track it would take no less than 18 months to come before SCOTUS.

Obama knew this before he did it.


29 posted on 10/30/2013 9:31:42 AM PDT by Buckeye McFrog
[ Post Reply | Private Reply | To 1 | View Replies]

To: Old Retired Army Guy

You must have standing in the court to file a suit. You have to be able to show how this law hurts *you* personally. You can’t just sue because it’s wrong.

Finding an appropriate group who’s willing fight the suit, a solid legal team that’s willing to take the case, and the money to bring a case to the level of the SC isn’t easy.


30 posted on 10/30/2013 9:35:16 AM PDT by Marie (When are they going to take back Obama's peace prize?)
[ Post Reply | Private Reply | To 4 | View Replies]

To: RoosterRedux; P-Marlowe

What is their basis for standing? My first thought is that it will be tossed for standing....they haven’t yet been injured by the changed employer mandate.


31 posted on 10/30/2013 9:37:36 AM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RoosterRedux

FYI - seems insurance companies and Obama are on the same side... Insurance companies got to dump clients they didn’t want - and Obama ‘owes’ them. That leaves doctors out in the cold.

http://www.foxnews.com/politics/2013/10/30/its-not-broken-promise-if-never-meant-to-keep-it/


32 posted on 10/30/2013 9:40:28 AM PDT by GOPJ ( We've grown to trust MSM hatred. When the MSM hates one of us it's an endorsement.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RoosterRedux

They’re right: only Congress can pass a law.

Of course, the government (including the court) has decided that they shouldn’t be limited by the US Constitution anymore - so I wish them luck.


33 posted on 10/30/2013 9:49:14 AM PDT by Tzimisce
[ Post Reply | Private Reply | To 1 | View Replies]

To: RoosterRedux; Hunton Peck; Diana in Wisconsin; P from Sheb; Shady; DonkeyBonker; Wisconsinlady; ...

Physicians file lawsuit in Wisconsin to stop constant changes to ACA.

FReep Mail me if you want on, or off, this Wisconsin interest ping list.


34 posted on 10/30/2013 9:53:54 AM PDT by afraidfortherepublic
[ Post Reply | Private Reply | To 1 | View Replies]

To: KarlInOhio
...digging through all this will require someone who has read every word of Obamacare and all the relevant sections of the US code.

Calling Betsy McCaughey!

35 posted on 10/30/2013 9:55:40 AM PDT by afraidfortherepublic
[ Post Reply | Private Reply | To 7 | View Replies]

To: Old Retired Army Guy
You would think Republicans would be smart enough to to file a constitution violation suit a long time ago in the knowledge that if Obama wanted to delay the Employer Mandate it meant that the Mandate would adversely effect the economy and the Democrat hopes in the 2014 elections. I am beginning to believe that the Republican party should get an “A” for “Dumb”.

Fighting the delay of the Employer Mandate would tick off too many of the GOP-e's K street buddies.

Notice how they didn't lift a finger to help out the penny public. Because the GOP-e answers to K street, not us.
36 posted on 10/30/2013 9:55:47 AM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
[ Post Reply | Private Reply | To 4 | View Replies]

To: xzins

When are the rest of the doctors going to get organized against Obamacare? Don’t they realize their freedom to practice is being sucked away (just like one of those monstrous abortion machines)?


37 posted on 10/30/2013 9:57:18 AM PDT by Liberty Wins ( The average lefty is synapse challenged)
[ Post Reply | Private Reply | To 31 | View Replies]

To: Liberty Wins

I agree with them that it is unconstitutional for the executive to change a law.

That, however, does not prove that those doctors have been injured by a mandate that hasn’t yet taken effect. So, my concern is that their suit will get tossed on account of standing.

I think doctors should claim they are being injured by the law penalizing the doctor if a patient smokes.


38 posted on 10/30/2013 10:01:46 AM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
[ Post Reply | Private Reply | To 37 | View Replies]

To: All
 photo bumpy.jpg

Help FR Continue the Conservative Fight!
Your Monthly and Quarterly Donations
Help Keep FR In the Battle!

Sponsoring FReepers are contributing
$10 Each time a New Monthly Donor signs up!
Get more bang for your FR buck!
Click Here To Sign Up Now!


39 posted on 10/30/2013 10:06:58 AM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
[ Post Reply | Private Reply | To 37 | View Replies]

To: afraidfortherepublic; All

*APPLAUSE*

And those people have mean lawyers and deep, deep pockets to boot! :)


40 posted on 10/30/2013 10:32:22 AM PDT by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust Post-Apocalyptic skill set...)
[ Post Reply | Private Reply | To 34 | View Replies]

To: Soul of the South

Sorry, I beg to disagree with part of your screed: GOOD that biz is trying to get away from the healthcare debacle they’ve gotten themselves into (all because of gov’t meddling, as usual). They should cast off that mill stone from their necks at the earliest.

The GOP has been stupid (I’ll say compliant) in allowing the perversion of healthcare. They’ve never fought, if at all, in restoring the power to the USER instead of the middle-man; let alone mandating ‘basics’ in each plan (I know *I* don’t need drug abuse, phych or contraceptives...WHY am I paying for these??)

Though, I see this biting biz in the ass as the point of benefits were a relaxing of the pay-scale (income). If biz is no longer paying the employee ‘portion’, does the employee get that ‘raise’??


41 posted on 10/30/2013 10:37:22 AM PDT by i_robot73 (Give me one example and I will show where gov't is the root of the problem(s).)
[ Post Reply | Private Reply | To 14 | View Replies]

To: jersey117
They should be hammering Sebelius today. But Nooooo.

As I said on another thread, this is nothing but ANOTHER dog and pony show. NOTHING will come from it, NOBODY will be held accountable, and in 3 months this will all blow over like nothing ever happened.

Just like the Benghazi hearings, the IRS hearings, Fast & Furious, etc,etc,etc.

NOTHING!

42 posted on 10/30/2013 11:01:27 AM PDT by unixfox (Abolish Slavery, Repeal the 16th Amendment)
[ Post Reply | Private Reply | To 20 | View Replies]

To: RoosterRedux

We should SUE the BTARDS for every single exemption they try to carve out for themselves.... Especially the congress critters....


43 posted on 10/30/2013 11:18:48 AM PDT by GraceG
[ Post Reply | Private Reply | To 1 | View Replies]

To: KarlInOhio; Bender2; KC_Lion
The Dems practice trickery on many levels and digging through all this will require someone who has read every word of Obamacare and all the relevant sections of the US code.

Why didn't I think of that??? I feel unworthy to be the "trickster god" now that I know that....

44 posted on 10/30/2013 11:21:08 AM PDT by GraceG
[ Post Reply | Private Reply | To 7 | View Replies]

To: RoosterRedux

How many more are exempt????? Congress should be in jail.


45 posted on 10/30/2013 11:55:50 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RoosterRedux

Rush was right earlier when he said we have a Dictator! Meanwhile, the gutless Congress play with each other and/or themselves.


46 posted on 10/30/2013 11:58:05 AM PDT by ExTexasRedhead
[ Post Reply | Private Reply | To 1 | View Replies]

To: xzins

Based on what they’ve said so far the Docs just need one former paying patient to swear he can no longer afford to pay the Doc because of the new rules. That clearly hurts the Doc. That’s a stronger position than , say, Roe V. Wade where Roe suffered no actual harm at all-—just thot she might.


47 posted on 10/30/2013 12:35:39 PM PDT by cherokee1 (skip the names---just kick the buttz)
[ Post Reply | Private Reply | To 38 | View Replies]

To: cherokee1

Could be an angle. I hope so.


48 posted on 10/30/2013 12:46:56 PM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
[ Post Reply | Private Reply | To 47 | View Replies]

To: silverleaf

Which is unequal application of the law ....which is blatantly unconstitutional and agaist the rule of law in this country. But like Rush says....who is gonna stop him? Obama can do whatever he wants to do and is doing just that, since nobody is stopping him.


49 posted on 10/30/2013 12:53:29 PM PDT by XenaLee (The only good commie is a dead commie)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Buckeye McFrog

What good is SCOTUS now? It has been compromised (ala turncoat Roberts) also.


50 posted on 10/30/2013 12:56:02 PM PDT by XenaLee (The only good commie is a dead commie)
[ Post Reply | Private Reply | To 29 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-73 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson