Boca orthodontist files suit challenging delay of Obamacare employer mandateby George Bennett | October 1st, 2013
Boca Raton orthodontist and conservative activist Larry Kawa filed a federal lawsuit today challenging President Barack Obama‘s decision to delay implementation of the employer mandate in the federal health care law.
Filed by the conservative group Judicial Watch on behalf of Kawa Orthodontics, the suit argues that the Obama administration exceeded his statutory authority in ordering the one-year delay without getting congressional approval. The suit also claims that the delay harmed Kawa Orthodontics economically.
Because Kawa anticipated the mandate would take effect Jan. 1, 2014, the lawsuit says his 70-employee practice “expended substantial time and resources, including money spent on legal fees and other costs” to prepare for the law. If Kawa Orthodontics had known the mandate would be delayed, the suit says, it “would have spent its time, resources, and money on other priorities.”
Judicial Watch President Tom Fitton said in a statement: “We obviously object to the employer mandate and the entire Obamacare law, but we understand that, under the U.S. Constitution, the law can only be changed by legislation passed by Congress and signed by the president. President Obama would delay the damage of his health care scheme until after the 2014 congressional elections. But politics do not trump the Constitution or the rule of law. And to paraphrase Ulysses S. Grant, the best way to ensure the repeal of a bad law is to enforce it vigorously.”