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 ...
all or nothing. This thing needs a mega crash or an impeachment. Or both.
GOOD ONE. Thanks for this post. This is GREAT.
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”.
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
they too are exempt from the law of the land
Pretty exciting stuff.
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.
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.
My guess is that they will be denied standing.
That is what the law says. The craphead in the white hut can’t change that by himself.
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.
“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.
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.
AAPS does what Congress should have done months ago.
good news!! ...of course that is until a group of liberal Judges work their way around the Constitution!
Selective enforcement and modification of laws seem to define the personality of this adminsitration ,.. and not just with Obummercare !
Second Amendment rights
Threat of bombing Syria
Financing known terrorists
"Fast and Furious ", and issuance of Executive Priviledge
Renewable energy resources
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 !
AGREED!!!!!!!!!!!!!!!!! Congress needs to GO!!!
I give up on the Republicans. They are no help whatsoever. They should be hammering Sebelius today. But Nooooo.
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! :)
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’??
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.
We should SUE the BTARDS for every single exemption they try to carve out for themselves.... Especially the congress critters....
Why didn't I think of that??? I feel unworthy to be the "trickster god" now that I know that....
How many more are exempt????? Congress should be in jail.
Rush was right earlier when he said we have a Dictator! Meanwhile, the gutless Congress play with each other and/or themselves.
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.
Could be an angle. I hope so.
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.
What good is SCOTUS now? It has been compromised (ala turncoat Roberts) also.