House Republicans on Friday filed the long-expected ObamaCare lawsuit against the Obama administration liberal law Professor Jonathan Turley as lead counsel. Turley. who currently serves as the J.B. and Maurice C. Shapiro Chair of Public Interest Law at George Washington University, said the suit challenges the Health and Human Services Department and the Treasury Department on two key areas of the health law’s implementation.
First, the lawsuit, which was filed in the U.S. District Court for the District of Columbia. cites the administration’s unilateral delay of the employer mandate, a rule that was scheduled to kick in this year. However, with millions of Americans set to lose their policies and be forced into the more expensive exchanges, the president decided to wait until after the election.
“Time after time, the president has chosen to ignore the will of the American people and rewrite federal law on his own without a vote of Congress,” House Speaker John Boehner (R-OH) said in a statement. “If this president can get away with making his own laws, future presidents will have the ability to as well. The House has an obligation to stand up for the Constitution, and that is exactly why we are pursuing this course of action.”
Second, it challenges the roughly $175 billion in funding the administration has given to insurance companies to subsidize coverage for ObamaCare enrollees.
“People are looking at this controversy in terms of whether they support health care or immigration reform — that’s not what this is about,” Jonathan Turley said. “President Obama did not start this trend toward a dominant American presidency — it’s’ been building for some time, but it certainly has accelerated under President Obama. We have a system that is not designed for this type of uber-presidency.”
He recently took to his website to further explain his decision to take up legal arms alongside House Republicans.
“As many on this blog are aware, I have previously testified, written, and litigated in opposition to the rise of executive power and the countervailing decline in congressional power in our tripartite system,” Turley wrote. “I have also spent years encouraging Congress, under both Democratic and Republican presidents, to more actively defend its authority, including seeking judicial review in separation of powers conflicts.”
Meanwhile, Democratic National Committee Chairwoman Debbie Wasserman Schultz on Friday took to Twitter to use the lawsuit to rack in the money, posting a link to a page where Democratic supporters could make donations to the party. Of course, despite being badly outspent in the 2014 midterm elections, House Republicans now have their largest majority since the Hoover administration.
What Chairwoman Schultz failed to mention was that opposition to the law was also in large part based on an unprecedented number of special interest deals that amounted to legislative rents and bribes. The insurance companies, themselves once opposed to the bill, was offered what has been repeatedly referred to as a “bailout bribe,” a legal assurance in the bill that the American taxpayers would be on the hook for over 80 percent of their losses if the risk pools began an insurance death spiral.
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