Tags: America's Forum | Healthcare Reform | Obamacare | Kawa | lawsuit

Fla. Orthodontist: President Shouldn't Manipulate Obamacare

By    |   Thursday, 09 Oct 2014 01:08 PM

The Florida orthodontist who is challenging the Obama administration's delay to the Obamacare employer mandate says that the new healthcare law should succeed or fail on its merits, but it should not be manipulated by the president.

"It's a law that the elected officials of America wanted," Dr. Larry Kawa told J.D. Hayworth and Francesca Page on "America's Forum" on Newsmax TV Thursday.

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"It's not that I want to see any American law fail, I want to see it stand or fall under the predicates of its own merits, not manipulate the law," he explained. "If the law says something should happen it should happen."

He says that the decision was made to delay the employer mandate because "it was obviously political kryptonite" especially leading up to the the midterm elections.

Kawa's lawsuit was filed with the help of the government watchdog group Judicial Watch on Oct. 1, 2013, the day the Obamacare healthcare exchanges were open for business for the first time.

The Obama administration announced via the Treasury Department on July 2, 2013 that it was postponing the employer mandate for one year, saying that businesses that don't provide health insurance to their employees would not be penalized. The defendants in the lawsuit include the Treasury Department, Treasury Secretary Jack Lew, the Internal Revenue Service, and the then acting-IRS Director Danny Werfel.

Kawa wants the action declared unlawful and wants the court to impose an injunction that would prohibit the delay.

"The president has a fiduciary duty under Article II of the Constitution to enforce the existing laws whether he likes them or not," he explained.

"It clearly says in the employer mandate that the law shall begin January 1 of 2014, there's nothing nebulous about that" he said.

"If he can change any law that he wants, why can't he change every law that he wants?" he asked.

When it comes to Obamacare, Kawa says to "let the law work, let America get a taste of what the law really represents and see if they like it or not before it can dig its roots in too deep."

Judicial Watch and Kawa will be holding oral arguments before the 11th Circuit Court of Appeals on Tuesday.

The Florida orthodontist says that it's the "first case in the 41 illegal executive actions in the context of Obamacare where the court has actually granted oral arguments." He said they will be "fighting for standing."

"We simply need the three judge panel to recognize that we do, and if we do, then we'll be holding the actual trial . . . in the southern district of Florida federal court."

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The Florida orthodontist who is challenging the Obama administration's delay to the Obamacare employer mandate says that the new healthcare law should succeed or fail on its merits, but it should not be manipulated by the president.
Obamacare, Kawa, lawsuit
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2014-08-09
Thursday, 09 Oct 2014 01:08 PM
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