Update: AAPS filed the folllowing brief in opposition to government’s motion to dismiss on January 24, 2014:
The Association of American Physicians & Surgeons (AAPS) has filed a lawsuit today in federal court to halt the unlawful revisions to ObamaCare (the Patient Protection and Affordable Care Act).
The separation of powers required by the Constitution prohibits the executive branch—the Obama Administration—from rewriting laws passed by Congress. Yet that is what Obama has done by changing key parts of ObamaCare in order to implement it.
The AAPS lawsuit, which was filed today in the Eastern District of Wisconsin, asks the Court to enjoin the Obama Administration from imposing its “individual mandate” while delaying the “employer mandate.” The law that was passed by Congress in 2010 requires that the employer mandate go into effect at the same time as the individual mandate: Jan 1, 2014.
“The U.S. Constitution requires a strict separation of powers between the three branches of government, such that the executive branch cannot change laws passed by Congress,” AAPS’s lawsuit explains. By imposing the individual mandate in 2014 without the protection of the employer mandate, the Obama Administration has changed the legislation passed by Congress.
The delay in the employer mandate means that many Americans who might have had the protection of employer-purchased insurance will either have to purchase costly individual insurance for themselves, or else pay a tax. This unlawful change will force many Americans, more than Congress intended, to purchase expensive, unwanted health insurance. They will then have less income to use for things they do want, such as medical services purchased directly from private physicians without bureaucratic interference.
Unless Americans stand up now to stop Obama’s rewriting of the laws, then there is no end to the harm that will result. The Obama Administration could begin to impose still more laws on Americans, such as single payer, without congressional approval, if legal action is not taken now to stop these violations of the Constitution. AAPS’s lawsuit today seeks an end to the practice of legislating from the White House.
Download and read the complaint at: http://aapsonline.org/aaps-v-irs-10-30-2013.pdf
The Association of American Physicians and Surgeons (AAPS) is a national organization representing physicians in all specialties, founded in 1943.