Appeals Court Dismisses Lawsuit Over ACA Employer Mandate Delay (Obamacare)

California Healthline ^ | 09/23/2014 | California Healthline

[aimhigh]

On Friday, a three-judge panel for the 7th U.S. Circuit Court of Appeals unanimously moved to dismiss a lawsuit filed by a physician group that challenged President Obama's use of executive action to delay the Affordable Care Act's employer mandate, The Hill reports.

The Association of American Physicians and Surgeons filed the suit in October 2013, claiming the ACA should be declared unconstitutional because the government failed to garner congressional approval when it postponed the employer mandate until 2015.

[aimhigh]

The tyranny continues.

[mrsmel]

Unabated and unopposed by anyone who remains with the power to stop it, short of civil war. There isn’t going to be any political or judicial remedy to this. The PTB can’t be shamed for their hypocrisy, in fact, they are happy to let it be seen, as it shows just how much they have solidified their power now.

[Ray76]

However, the judges noted that an individual employee of a company that went along with the delay could claim harm and could better challenge the executive action. Easterbrook wrote in the ruling, "Only persons seeking to advance the interests" of the employer mandate would hold a "plausible" right to challenge the delay, adding, "Someone else would be a much more appropriate champion of the contention that the [Internal Revenue Service] has not done what it should to accomplish the statute's goal of universal coverage."

Politics over law

[sickoflibs]

RE :”Appeals Court Dismisses Lawsuit Over ACA Employer Mandate Delay (Obamacare),”

The Bohner lawsuit.

Was there anyone who thought that it had a chance?

It was a joke from the start.

First thing is you need standing. Try getting an employee suing because they are not getting the mandated benefits from their employer. Even then, who do they sue? Seems like their employer.

[RIghtwardHo]

YOU are 100% correct. It was just a stunt (all the GOPe has) that stood zero chance. And a first year law student could have told you there was no Standing.

[sphinx]

I predict that, should a Republican be elected President in 2016, the same courts that have allowed Obama to delay and unilaterally rewrite the ACA will suddenly demand full implementation, with no more delays allowed.

[bicyclerepair]

Stick a fork in this republic. It’s beyond repair.

We can’t survive who put this POS in the wh. We’re outnumbered.

[kevao]

We can’t survive who put this POS in the wh.

If we had a judicial judiciary, and not a legislative judiciary, we would have a chance.