Though the Republicans’ lawsuit against President Obama hasn’t received much attention lately, a decision by the 7th Circuit Court of Appeals to throw out a similar suit has put the case back on the map.
Both lawsuits challenge the administration’s decision last summer to delay for one year the Affordable Care Act’s employer mandate—which requires medium and large firms to provide coverage to their full time employees or pay a steep penalty.
On Monday, the 7th Circuit Court of Appeals threw out a suit filed by the Association of American Physicians and Surgeons in 2011 –saying the plaintiffs did not have standing to sue. "The Supreme Court does not think that the Constitution's structural features are open to litigation by persons who do not suffer particularized injuries," Judge Frank H. Easterbrook wrote on behalf of the Circuit panel.
For its parts, the group of doctors argued that the employer mandate could negatively impact their business because when people pay the penalty, they have less income to buy medical care from them. That argument, however, did not fly.
The suit is similar to that authorized by House Republicans in July to sue the president over the same delay. Of course, the GOP’s argument differs from the doctors’. They say Obama’s use of executive authority to bypass Congress “threatens the separation of powers.”
Still legal experts also have doubts about that case’s standing.
“There’s going to be a standing problem…for sure,” said Mark Rust, Managing Partner at Barnes & Thornburg LLP in Chicago. It’s not clear how the House was injured by the delay…and that will still need to be made clear.
i think the lawyers who dumped them knew this was a no contest and the new ones in it for the publicity and taxpayer retainers. if anything threatens the separation of powers it's the republican party itself in fact it has already separated itself by not doing anything for the last 6 years. PRES. should file a counter suit for the same reasons their arrogance have charged except that one can be proved look at the gov't last 6 years no nothing and then a shut down, they are on nat'l TV claiming the wanted him to fail, they were going to make him a one termer, they would do nothing to help him but by default nothing to help "we the people".
you might remember the republicans were complaining that fines and time limit would make it a hardship for small business which is republican for corporations with thousands of employees, this was a reach out by PRES. to relieve any hardship now he remedied their problem and they sue him for doing it, that alone should get it drop kicked out of court, just goes to show that hardship thing was just a grain of salt they decided would make a great obstruction, until he did it now it's them being obstructed from obstructing him, Outbama'd again,.
