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Old 03-03-2014, 08:50 AM  
BucEyedPea BucEyedPea is offline
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Legal Challenge to Obama's EO's on changing Obamacare without Congress

According to this report in Human Eventsthis case has a shot at winning too. Reporting from Tallahassee a Florida Orthodontist files a case on Obama's EO's changing Obamacare without Congress.

Way to go Florida! Awesome!


South Florida orthodontist takes on Obamacare


By: William Patrick
2/27/2014 10:55 AM

TALLAHASSEE, Fla. — 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.

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. [ He's still a patriot in my eyes!]

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 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.humanevents.com/2014/02/2...-on-obamacare/

This article originally appeared on watchdog.org.
Sounds like he has standing to me.
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Old 03-03-2014, 09:07 AM   #2
cosmo20002 cosmo20002 is offline
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Quote:
Originally Posted by BucEyedPea View Post
According to this report in Human Eventsthis case has a shot at winning too. Reporting from Tallahassee a Florida Orthodontist files a case on Obama's EO's changing Obamacare without Congress.

Way to go Florida! Awesome!

By: William Patrick
2/27/2014 10:55 AM

TALLAHASSEE, Fla. — 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.
No he doesn't. It is well-established that the executive branch has some discretion in implementing laws for a variety of reasons. The key is that it is a reasonable time delay and does not appear to be a refusal to implement the law.
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Old 03-03-2014, 10:46 AM   #3
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No he doesn't. It is well-established that the executive branch has some discretion in implementing laws for a variety of reasons. The key is that it is a reasonable time delay and does not appear to be a refusal to implement the law.
You're still an idiot. He very well is more likely to lose than win, but that is due to the corruption of the judicial system, not the merits of his complaints. Obama's abuse of his own ideal via executive order should have him impeached. The only reason he hasn't been is the dumbass behind him.
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Old 03-03-2014, 11:07 AM   #4
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Old 03-03-2014, 11:16 AM   #5
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Originally Posted by Xanathol View Post
You're still an idiot. He very well is more likely to lose than win, but that is due to the corruption of the judicial system, not the merits of his complaints. Obama's abuse of his own ideal via executive order should have him impeached. The only reason he hasn't been is the dumbass behind him.
Biden is President Obama's get out of jail free card. No one wants to see Biden as President.
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Old 03-03-2014, 11:23 AM   #6
BucEyedPea BucEyedPea is offline
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Originally Posted by Xanathol View Post
You're still an idiot. He very well is more likely to lose than win, but that is due to the corruption of the judicial system, not the merits of his complaints. Obama's abuse of his own ideal via executive order should have him impeached. The only reason he hasn't been is the dumbass behind him.
Well, I agree about our judicial system (looking at Roberts) except I do see damages. His money could have been spent on other things in the meantime.
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Old 03-03-2014, 11:30 AM   #7
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Originally Posted by cosmo20002 View Post
No he doesn't. It is well-established that the executive branch has some discretion in implementing laws for a variety of reasons. The key is that it is a reasonable time delay and does not appear to be a refusal to implement the law.
Doesn't 29 EO's that pertain to the same law seem a bit "unreasonable"?
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Old 03-03-2014, 11:48 AM   #8
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Quote:
Originally Posted by alpha_omega View Post
Doesn't 29 EO's that pertain to the same law seem a bit "unreasonable"?
It's the content of those EO's that are the problem.
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Old 03-03-2014, 11:50 AM   #9
cosmo20002 cosmo20002 is offline
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Originally Posted by alpha_omega View Post
Doesn't 29 EO's that pertain to the same law seem a bit "unreasonable"?
I don't know what these 29 EOs are. But like I said--this isn't a partisan spin, it's just facts--there's court rulings on stuff like this.

I don't know all the specific changes, but did they really change the law in a substantive way--like it changed the purpose or intent of the law? What are the reasons for the delay--logistical or technical problems? Practical problems that would impact implementation / enforcement? Do the changes indicate the administration has no intention of ever implementing the law? These are the aspects a court would review. That's not spin, just facts.
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Old 03-03-2014, 12:04 PM   #10
BucEyedPea BucEyedPea is offline
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I don't know of any court rulings on EO's. To my knowledge the courts haven't taken these up.

Only thing I know of is this:
The Supreme Court ruled in Humphrey’s Executor v. United States that the president must obey the law. He or she has no authority under the constitution to suspend the enforcement of the law. By this definition, the president’s actions described above in regard to the ACA are not valid without congressional approval.
http://ivn.us/2014/02/10/brief-history-executive-order/
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Old 03-03-2014, 12:11 PM   #11
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Quote:
Originally Posted by BucEyedPea View Post
I don't know of any court rulings on EO's. To my knowledge the courts haven't taken these up.

Only thing I know of is this:
The Supreme Court ruled in Humphrey’s Executor v. United States that the president must obey the law. He or she has no authority under the constitution to suspend the enforcement of the law. By this definition, the president’s actions described above in regard to the ACA are not valid without congressional approval.
http://ivn.us/2014/02/10/brief-history-executive-order/
Off hand I recall that the EO about some steel mills being nationalized was overturned...WWII? And the famous EO that led to internment camps in the US. It was retroactively deemed to be a hideous atrocity. Apologies were made and redress payments were sent.
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Old 03-03-2014, 12:13 PM   #12
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Legal conflicts

As of 1999, U.S. courts have overturned only two executive orders: the aforementioned Truman order and a 1995 order issued by President Clinton that attempted to prevent the federal government from contracting with organizations that had strike-breakers on the payroll.[13] Congress was able to overturn an executive order by passing legislation in conflict with it during the period of 1939 to 1983 until the Supreme Court ruled in Immigration and Naturalization Service v. Chadha that Congress may not promulgate a statute granting to itself a legislative veto over actions of the executive branch inconsistent with the bicameralism principle and Presentment Clause of the United States Constitution.[14]
The loss of the legislative veto has caused Congress to look for alternative measures to override executive orders such as refusing to approve funding necessary to carry out certain policy measures contained with the order or to legitimize policy mechanisms. In the former, the president retains the power to veto such a decision; however, the Congress may override a veto with a two-thirds majority to end an executive order. It has been argued that a Congressional override of an executive order is a nearly impossible event due to the supermajority vote required and the fact that such a vote leaves individual lawmakers very vulnerable to political criticism.[15]


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Old 03-03-2014, 12:14 PM   #13
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Well, thank you. Cosmos made it sound more sweeping.
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Old 03-03-2014, 12:28 PM   #14
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I was trying to provide the wiki link but it's one of those weird ones with "en" in the address and it's not pasting in the correct format. If you look for "executive order" it will pop up.
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Old 03-03-2014, 12:29 PM   #15
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suzzer posted this a few days ago:


Quote:
In 1946, legislators passed the Administrative Procedures Act, which governs the way that regulatory agencies carry out legislation. That law both gives agencies discretion in setting up laws, but holds them accountable for carrying out Congress’s intentions.

“Under the Administrative Procedure Act precedent, the courts can compel agencies that have been unreasonably delayed,” says Simon Lazarus, a senior counsel at the Constitutional Accountability Center. “Those tend to involve delays that have gone on for years.”

Courts have frequently grappled with issues of what counts as an “unreasonable” delay and, as many experts will tell you, they still haven’t set a bright line between executive discretion and disobedience.
Still, there is precedent that gives us some guidance into what is, and is not, appropriate.
...
In Chevron v. NRDC, a 1984 Supreme Court case, the justices granted regulatory authority when it comes to filling in any ambiguous gaps in a law. “The idea there was that the agency has the experts, and it also makes the executive branch electorally accountable,” Bagley says. “You’d want the President to be making the tough calls.”
...

In Congressional testimony, Treasury makes a counter argument: That the agency is by no means dispensing with the law -- they still plan to implement it -- but rather making an adjustment, well within executive discretion. The agency says this authority stems from its power to “prescribe all needful rules and regulations for the enforcement of this title.”

Moreover, this is something that the agency has done more than a dozen times before, without a peep from Congress.

“On a number of prior occasions across administrations, this authority has been used to postpone the application of new legislation when the immediate application would have subjected taxpayers to unreasonable administrative burdens or costs,” Mark Iwry, Deputy Assistant Secretary for Retirement and Health Policy at Treasury, told legislators.
...

Its also possible, legal experts say, that it's too soon to determine whether this delay counts as not implementing the Affordable Care Act – or if it's a more mundane show of discretion. If the administration had, for example, announced that it never intended to require employers to provide health benefits, that would near certainly be seen as flouting the law. But if they delay it until 2016, or 2017? That’s a greyer area.

“It depends on whether there’s really clear progress towards the implementation of the statute,” says Rob Weiner, a former associate deputy attorney at the Department of Justice, whose work focused heavily on Affordable Care Act litigation. “If they were doing nothing, at some point, I think that a court would suggest it's not an exercise of discretion and say enough is enough.”
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