Skip to comments.AAPS Sues to Stop the Unlawful Revisions to ObamaCare (no delay of employer mandate)
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 branchthe Obama Administrationfrom 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 ...
Oh my. Barry’s day just got worse.
Congress definitely would have standing.
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".
I wholeheartedly agree...seriously. Stick with the schedule and implement it now. People voted for it, make them take it. Now.
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).
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.
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?
Did you seriously just type that?
Even on the fast track it would take no less than 18 months to come before SCOTUS.
Obama knew this before he did it.
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.
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.
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.
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.
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.
Calling Betsy McCaughey!
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)?
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.
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And those people have mean lawyers and deep, deep pockets to boot! :)