The Original Employer Mandate Lawsuit

By Dr. Larry Kawa, Special for USDR

On October 1, 2013 I filed a lawsuit against four components of the Obama administration regarding the illegal cancellation of the employer mandate. Represented by Judicial Watch, lawsuits were served upon the IRS, the Commissioner of the IRS Daniel Werfel (now John Koskinen, the Department of the Treasury, and the Secretary of the Department of the Treasury Jack Lew. The suit is entitled Kawa Orthodontics LLP vs Lew et al.

The predicate of my claim to standing was the fact that I paid attorneys fees and invested my time, energy, and resources to be sure that my orthodontic business was in compliance with a law that I didn’t agree with. The administration will have wasted these expenditures unless the illegal waiver of the employer mandate is set aside.

Oral arguments to this affect were made by attorney Michael Bekesha of Judicial Watch on my behalf in front of a three judge panel in the 11th circuit federal court in Atlanta on Tuesday, October 14. I remain optimistic that the court will recognize that I already have standing. I held a press conference in the house triangle on Capitol Hill on February 26, the date that our case advanced to the 11th circuit from the Southern District of Florida courthouse (see below).

Today, Speaker Boehner filed suit on the employer mandate as well, claiming institutional standing. I wish him the best of luck with his case and glad to see that he joined my efforts, although it is more than one year later and we are already at the level of the 11th Circuit Court. There was an interesting article comparing our cases done by US news and world report and I have attached the link as well. If we are given standing on our case, the House will be required to discontinue its case. One of the prerequisites of pursuing litigation is that the House would be unable to do so if there is a private case that achieves standing on the same subject, the employer mandate.

All opinions expressed on USDR are those of the author and not necessarily those of US Daily Review.

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