Attacking the pen & phone approach to 0bamacare.
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.
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.