I’ve been saying all along that President Obama’s executive decisions to keep changing the Obamacare law is unconstitutional. The Patient Protection and Affordable Care Act was passed by Congress and according to the US Constitution, only Congress can make changes to the law. Yet every time Obama feels like it, he makes a sweeping change to law without first going to Congress.
Sadly, our Congress is too spineless, or whatever you call cowards these days, to stop Obama from his continued unlawful actions. So Larry Kawa is!
Kawa is an orthodontist from Boca Raton, Florida who has had enough of Obama’s shenanigans. A year ago, Kawa spent 100 hours learning all about Obamacare and how it impacted his practice since he employs more than 50 people. At an expense of $5,000 in legal fees to his attorneys, he made sure he was in total compliance with the Affordable Care Act.
Several months later, Obama announced that he had decided to change the law and moved the date for the employer mandate back. He did it without congressional approval. Then on February 10 of this year, it was changed again, and again without congressional approval.
With the help of Judicial Watch, Kawa has filed suit in the 11th Circuit Court of Appeals claiming that Obama’s changes to the law are unconstitutional and should be nullified by the court. This case could affect all 29 of Obama’s changes to Obamacare.
Last year, Kawa filed a similar suit in the US District Court for the Southern District of Florida. That suit contended that Obama had violated the Administrative Procedure Act in making the changes to the law without first going to Congress for approval. A judge dismissed Kawa’s lawsuit stating that Kawa had no ‘standing’ for the lawsuit. ‘Standing’ means that the person filing the suit must prove that there was some kind of damage or injury that are the grounds for the lawsuit. However, the judge provided them with instructions for how to proceed to prove ‘standing’ and to refile the lawsuit.
Last week, Kawa and Judicial Watch refiled the suit with what they believe is enough evidence to prove that he had standing. Kawa commented saying:
“If the court grants us standing then they lose.”
If the court grants Kawa standing and the case moves forward, this could become one of the most important court cases of the year. If Kawa wins, then all of the changes Obama made should be nullified, meaning the delays in complying with the employer mandate would also be nullified and all businesses with 50 or more employees would be required to comply with the law immediately. Most businesses and the Obama administration do not want this to happen. It most likely would cause Congress to reconsider Obamacare and start debating and acting on its many dictates. This is something that Obama definitely doesn’t want to happen.
If Kawa loses, that basically gives Obama the legal precedent to continue to change, create and eliminate laws at his own discretion, effectively making him a complete dictator. If that happens, we are all screwed and America as we knew it will be gone forever.