House Authorizes Lawsuit Against President's Unilateral Obamacare Changes

WASHINGTON, D.C. – Today the U.S. House of Representatives authorized a lawsuit against President Barack Obama’s unilateral changes to his healthcare law. The litigation will challenge the President’s decision to circumvent Congress and make changes to the employer mandate on two separate occasions.

Obamacare as written and passed by a Democrat-controlled Congress and signed by President Obama requires large employers to offer government-approved health insurance to their employees. This employer mandate was set to begin December 31, 2013. The Obama Administration on July 2, 2013 announced it would unilaterally delay the mandate by one year, and on February 4, 2014 announced it would delay penalty payments for employers with between 50 and 99 employees until 2016. These changes were made without the consent of Congress as required by the U.S. Constitution.

“The President went around Congress in order to carve out exemptions to Obamacare for big businesses. I want everyone to be exempt from Obamacare, not just a select few. This lawsuit is necessary to defend the U.S. Constitution, which clearly states the President cannot simply create his own laws,” said Cramer. “While there are countless examples of executive overreach which could be challenged in a court of law, focusing on one particular situation gives the case a better chance of success in the courts.”

Article II, Section 3 of the Constitution states the President “shall take care that the laws be faithfully executed”. According to noted attorney David B. Rivkin, Jr., “The employer mandate is the central plank of Obamacare, and the law does not allow it to be delayed, waived, or otherwise suspended…The President’s unilateral action violates the Constitution’s separation of powers and nullifies the authority of the legislative branch.”