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)

[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.

[llevrok]

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

[NEMDF]

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

[Old Retired Army Guy]

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”.

[silverleaf]

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

[KarlInOhio]

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.

[RoosterRedux]

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

Pretty exciting stuff.

[Dilbert San Diego]

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.

[mythenjoseph]

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.

[Carry_Okie]

My guess is that they will be denied standing.

[LowTaxesEqualsProsperity]

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

[RoosterRedux]

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.

[Soul of the South]

“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.

[Repealthe17thAmendment]

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.

[hattend]

AAPS does what Congress should have done months ago.

[pollywog]

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

[Tilted Irish Kilt]

(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 !

[pollywog]

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

[jersey117]

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