Author Topic: Fla. doctor could bring Obamacare executive orders to screeching halt in federal court  (Read 341 times)

0 Members and 1 Guest are viewing this topic.

Online rangerrebew

  • America defending Veteran
  • TBR Contributor
  • Hero Member
  • *****
  • Posts: 63,600
  • “It’s easier to fool people than to convince them
Fla. doctor could bring Obamacare executive orders to screeching halt in federal court

February 27, 2014 by William Patrick 110 Comments


A South Florida orthodontist is taking on President Obama‘s penchant for unilaterally altering the Affordable Care Act without the approval of Congress.

And he’s got a shot a winning.

Larry Kawa took to Capitol Hill in Washington D.C., Wednesday morning to announce a lawsuit filed on his behalf with the 11th Circuit Court of Appeals. It’s the only case of its kind against any of the 29 executive orders relating to Obamacare.

If successful, the court could force the Obama administration to adhere to the employer mandate that it has twice delayed, contradicting the plain text of the law.

larry-kawa-headshot-2
DR. LARRY KAWA: Filed suit in the 11th Circuit Court of Appeals to challenge the Obama administration’s employer mandate delays.
 
It could be the biggest case of 2014.

“I’m not a politico. I’m not a Washington D.C. guy. I’m an orthodontist from Boca Raton,” Kawa told Watchdog.org.

But he’s also on to something. A federal district judge previously dismissed his case against the government while simultaneously lying out a roadmap for how to proceed. Kawa lacked standing.

Standing is the legal principle in which a plaintiff must show an actual injury before a court will hear the dispute. It’s a hurdle that has kept at bay other would-be challengers seeking to avoid an injury.

“If the court grants us standing then they lose,” Kawa said.

Because he employs more than 50 workers, Kawa Orthodontics is subject to complicated regulations and penalties under Obamacare.

In March 2013, Kawa spent $5,000 on legal fees to make sure his business was in compliance with the health law. Kawa said he spent 100 additional hours learning about the law, including meetings with insurance agents and his accountant.

Four months later it was all for naught. The administration changed the law without congressional approval. It was delayed again on Feb 10.

“Whatever the stated reason for the new delay, it is illegal,” reported the Washington Post.

Kawa, along with Judicial Watch, a conservative legal organization, is suing under the Administrative Procedure Act, a bill of rights for those whose affairs are regulated and controlled by administrative agencies.

Kawa said he doesn’t want his money back. He wants something the administration can’t buy.

“I’m suing for the court to declare that the act of Congress (the Affordable Care Act) was real and not something the president can change at will,” he said.

Obamacare expressly states that the employer mandate, or “employer shared responsibility,” applies after Dec. 31, 2013. Other provisions, such as penalties, are specifically tied to that date.

An executive branch delay is an illegal change and a violation of the Constitution‘s separation of powers, critics say.

The White House sees it differently.

“It is preposterous to suggest that a delay in the implementation of a provision within a law is anything unusual,” White House press secretary Jay Carney told reporters after the first delay was announced.  “I have several examples here I could provide to you, and numerous more could be provided to you, and they happened under previous administrations and this one.”

Ironically, if the court rules in favor of Kawa Orthodontics, the mandate would go into effect immediately, something wary businesses and the administration don’t want.

However, the fallout could send the law back to Congress for an immediate legislative fix, which the administration is trying to avoid from the outset.

“If President Obama truly wants to fix Obamacare, he will have to go through Congress,” said Tom Fitton, president of Judicial Watch.

The latest delay reportedly was an attempt to stem voter backlash ahead of the November midterm elections.

Kawa said he doesn’t mix politics with his patients but has received angry emails calling him an “obstructionist.”

“I live in Boca Raton. It’s a small town and it’s unavoidable,” he said.

Kawa says he’s trying to hold the government accountable to its own laws.

“This is a wave that’s washing over us, and a lot of people are just standing there waiting to get wet,” he said. “Some people just don’t appreciate what is happening.”

http://www.bizpacreview.com/2014/02/27/fla-doctor-could-bring-obamacare-executive-orders-to-screeching-halt-in-federal-court-103414
« Last Edit: March 02, 2014, 01:09:36 PM by rangerrebew »
Abraham Lincoln:

There is no grievance that is a fit object of redress by mob law.
--January 27, 1838 Lyceum Address

Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties. And not to Democrats alone do I make this appeal, but to all who love these
great and true principles.
--August 27, 1856 Speech at Kalamazoo, Michigan

Let us then turn this government back into the channel in which the framers of the Constitution originally placed it.
--July 10, 1858 Speech at Chicago

Offline olde north church

  • Hero Member
  • ****
  • Posts: 5,136
Another mastubatory pipe dream.
Why?  Well, because I'm a bastard, that's why.

Offline Oceander

  • Technical
  • Hero Member
  • ****
  • Posts: 44,973
  • #ToldYouSo
Another mastubatory pipe dream.

was that really necessary?

Offline olde north church

  • Hero Member
  • ****
  • Posts: 5,136
was that really necessary?

You know what, yeah, it was.  When people get distracted and chase butterflies we lose.  Stay focused on the battle.  I'm sure there will be money requesting e-mails shortly.  This could be "the one".
Maybe we should start shaking people from their opium slumbers.  We will all be better off.
Why?  Well, because I'm a bastard, that's why.

Offline Rapunzel

  • Hero Member
  • ****
  • Posts: 71,719
Only people with "standing" can bring a case and this doctor clearly has been damaged and has standing.

I guess we can continue to stand around and wring our hands about O-Care or we can be glad there is people still out there - like this doctor - willing to go the course against the government.
“The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves.” G Washington July 2, 1776

Offline olde north church

  • Hero Member
  • ****
  • Posts: 5,136
Only people with "standing" can bring a case and this doctor clearly has been damaged and has standing.

I guess we can continue to stand around and wring our hands about O-Care or we can be glad there is people still out there - like this doctor - willing to go the course against the government.

We have all been injured, ergo, we should all have standing.
Why?  Well, because I'm a bastard, that's why.

Offline Rapunzel

  • Hero Member
  • ****
  • Posts: 71,719
We have all been injured, ergo, we should all have standing.

Do you have a business you made financial investments in to comply with Obamacare only to have the president change the rules with a EO and do financial harm to your business?
“The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves.” G Washington July 2, 1776

Offline olde north church

  • Hero Member
  • ****
  • Posts: 5,136
Do you have a business you made financial investments in to comply with Obamacare only to have the president change the rules with a EO and do financial harm to your business?

Do you have insurance that you now pay twice as much, with a higher deductible and a smaller network?
Why?  Well, because I'm a bastard, that's why.

Offline Rapunzel

  • Hero Member
  • ****
  • Posts: 71,719
Do you have insurance that you now pay twice as much, with a higher deductible and a smaller network?

no
“The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves.” G Washington July 2, 1776

Offline olde north church

  • Hero Member
  • ****
  • Posts: 5,136
Why?  Well, because I'm a bastard, that's why.


Share me

Digg  Facebook  SlashDot  Delicious  Technorati  Twitter  Google  Yahoo
Smf