After a year in the legal system, the case against President Barack Obama and his illegal waiver of the employer mandate aside from the will of Congress will finally have its day in court.
A three-judge panel in the 11th Circuit Court of Appeals in Atlanta Georgia will hear oral arguments on Kawa Orthodontics, LLP v. Secretary, U.S. Department of the Treasury et al. (No.14-10296).
The lawsuit is about the illegal executive actions surrounding the employer mandate. In July of 2013 after a tweet of President Obama, the Treasury Department issued a memo cancelling the employer mandate, which was set to be implemented on January 1, 2014.
Prior to July 2013, I spent money, time, energy and opportunity cost, to make sure that my business was in compliance with the Affordable Care and Patient Protection Act. After more than 100 hours of work on this matter, the administration changed the rules under which I thought the law was built upon, causing me financial injury.
While many have tried to take down Obamacare and failed, our case is currently the most serious legal challenge to Obamacare in the federal court system. The employer mandate was recently brought into the national consciousness several months ago when Speaker of the House John Boehner announced that he would look into filing a lawsuit regarding the employer mandate.
Our lawsuit has attracted attention from major national figures who have commented as such:
“Obamacare is a disastrous law that’s increasing patient costs, limiting patient choices, killing jobs and outright violating the Constitution. Obamacare needs to be repealed and replaced, and I believe legal challenges to it will continue to show its flaws.”
– Senator Marco Rubio (R-FL)
“It’s time the President works with Congress, not around it, to achieve realistic policy goals that help grow opportunity for hardworking Americans. They work hard and play by the rules – we need an Administration that does the same. Dr. Kawa’s suit pushing back against this administration and its overreaching agencies should be considered in the larger discussion about the constitutionality of this administration’s actions.”
– Rep. Mike Fitzpatrick (PA-8)
“President Obama has consistently shown a disregard for the limits of his authority under the Constitution, especially with respect to his own signature law, Obamacare. Thankfully, orthodontist and small business owner, Dr. Larry Kawa has taken the necessary action on behalf of his patients and employees to hold the Obama administration accountable to the requirements of the Constitution and the law.”
– Michael Steele, Former Republican National Committee Chairman
“While it would be best if the government overreach known as Obamacare were banned altogether, it is for better or worse, the law of the land. For President Obama and his administration to override a Congressionally passed law with a blog post is not only ridiculous, it’s illegal. The uncertainty about the law and whether or not it will be implemented has critically damaged many local businesses such as Dr. Larry Kawa and Kawa Orthodontics. Dr. Kawa has shown great courage in taking on the establishment and fighting for the rule of law. The framers believed in limited government, which is why there are limits to the president’s power. I hope that he finally gets the message.”
– Richard Rahn, Senior Fellow at the Cato Institute
On October 14, the court will finally hear arguments on our case and standing. I’m excited that we will finally have the chance to hold the administration accountable for their actions. Ultimately, that’s what’s really important, to uphold and defend the constitution.