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 ...
Yes the beauracrats have gone hog wild. This is not the only regulation/action they have taken that is contrary to this law in particular and others in general.
Politicians were elected on the promise to repeal CACA-Care. They failed. I will not vote for any incumbent who passed it or failed to repeal it.
The administration says all existing insurance plans are grandfathered in unless they were modified after Obummercare was inacted yet Obumercare has been modified multiple times by executive fiat.
LOL
What if:
We had a republican administration that ruled that cetain friends of the administration did not have to follow the racial discrimination rules, or delayed the requirement for them to implement them?
Would that be all right?
I wonder how the court would rule on the principle of the president’s power in that kind of case?
I couldn’t agree more. I know its not a popular position here, but I see no benefit at all from the shutdown. The proper course of action would have been to demand compliance with the law, and insist all provisions go into effect in accordance with what the law says. The Democrats own this...and should be forced to live with the consequences.
They are exactly right
“FYI - seems insurance companies and Obama are on the same side.”
Insurance companies wrote the law
“does the employee get that raise??”
If I don’t I’ll quit immediately
The same reason nothing was said about a tax starting in the Senate, which is against the Constitution as well-no one cares!
Roberts signed off on this law because he claimed it fell within the taxing authority of government.
Are there any other taxes that the administration believes it can waive for preferred companies?
You are correct - large corporate entities desire the German model, where healthcare is not a corporate cost at all.
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