MILWAUKEE (AP) — A conservative group filed a federal lawsuit Wednesday seeking to have the federal health care law declared unconstitutional, arguing that the government postponed its so-called employer mandate without the necessary congressional approval.
The lawsuit came the same day that a congressional panel grilled Kathleen Sebelius, the secretary of Health and Human Services, over problems that overwhelmed the government website intended to help people shop for health insurance.
The Association of American Physicians and Surgeons is seeking to have the health care law overturned. The group is seizing on a provision that was supposed to go into effect next year but ultimately was postponed for 12 months. That provision requires employers with 50 or more workers to offer affordable coverage or face fines, but it’s been put off until 2015.
That employer mandate was originally to go into effect at the same time as a mandate requiring individuals to carry health insurance or pay fines. The lawsuit argues that since the two aspects have been separated, people will now have to spend more on premiums because they’ll be required to buy insurance without the “protection” of the employer mandate.
The Association of American Physicians and Surgeons is a politically active group that favors having patients pay directly for medical services without the intervention of health insurance companies.
It sued on behalf of Robert T. McQueeney, a psychiatrist from northeastern Wisconsin who doesn’t accept most forms of insurance and whose clients often pay in cash. If people are paying more for insurance premiums, the association argued, they’ll have less cash to spend on medical services such as McQueeney’s.
That would prevent patients from getting top-notch care, and it would also take money away from doctors who’d have no way to recover those financial losses, the lawsuit said.
The association has about 5,000 members on its mailing list, about 90 percent of whom are doctors, group spokeswoman Jane Orient said.
“We just want to get the federal government out of medicine and restore control to the patients rather than the bureaucrats,” Orient said.
The defendant named in the lawsuit is Daniel Werfel, the commissioner of the Internal Revenue Service, which is implementing the individual mandate. Neither the IRS nor the White House immediately responded to messages Wednesday.
The association argues that the White House bypassed constitutional restrictions when it delayed implementation of the employer mandate. The group alleges the move violates the 10th Amendment and the constitutional separation of powers.
It asks that the health care law be struck down, or at least that the individual mandate not be enforced until the employer mandate is.
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This Week’s Celebrity Instagrams (10/15-10/21)
31 photos Launch gallery
1. Just a NY girl with BIG dreams....
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2. HAPPY CHILDREN=QUALITY PARENTING. We don't always see eye to eye on everything and that's normal. We're human beings. But we come together and do it right for what's important, the kids. We are not enemies, we are parents. And we are parents 1st. S/O to @monyettashaw for making Mason's bday memorable. S/O to @itscrystalsmith at home taking care of our other lil' Prince. ❤️❤️❤️ THIS IS WHAT CO-PARENTING LOOKS LIKE. #Blessed #Happy #AboveTheDrama #BiggerThanUs
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3. So happy to finally be able to share with you all that I’m the new Global Brand Ambassador for @Revlon! Follow my day on RevlonSnaps. Yay! Choose Love, Everybody! #RevlonXCiara #chooselove #ad
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4. Glam on point!!!@makeupbymotoko & @shaylinjoneshair #easybreezy @lifetimetv #beachesmovie #january2017 😘
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5. ✨True love ✨📸: @jessiemarrerophotography
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7. Today was not easy..but by the grace of God we all got through it. Words cannot express our gratitude for all of your Prayers, Positive thoughts and Support for us throughout the years. Tommy will be missed but most certainly never forgotten...And PLEASE don't ask "Where's Martin?.." he was there too...just not in this picture. Lol! God bless you all.. #LoveConquersAll #MartinShow
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9. West coast get ready for #RockyHorror. I will be live tweeting again. #letsdothetimewarpagain
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10. #THEKEYS pre order yours now ... Available everywhere #NOV22 #WeTheBest 🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑
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11. We about to ROCK at #KCABlackBall!! All for our life-changing effort to end 🌎 AIDS.
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12. Today's #SNAPJACK is brought to you by @yazzthegreatest 😂😂😂💋💋💋
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13. Damn girl you kinda old to be headed to the Go Go. You coming in at the age they leaving. LMAO
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14. Daddy daycare B-Boxin with @acewellstucker @shopraisingace
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15. #FBF Naviyd & URV "LIL MONSTERS"
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16. HAPPY BIRTHDAY TO ONE OF THE BIGGEST LEGENDS IN OUR HIPHOP HISTORY! @snoopdogg CONTINUED BLESSING AND LOVE FAMILY!!!!! REAL OG!
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17. Thank you for a beautiful night VSU! Let's do it again! #HOMECOMING
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18. Had a great time this morning with my familia Erica, Griff & Truth!!
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19. Check out my interview on @essence facebook live. #inmyownwords #nycpromo #day2
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20. #She💋 #tbt #TheCoveAtTheAtlantis #DawgPawsAndAll
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21. Bae #retailtherapy
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22. Why me and @coryhardrict got the same pose... and notee... new mouth #naked
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23. When my husband is my personal 'hype-man'! it kills me every time! 💜😂 #WHATNOW #lostfiles📷
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24. Diggy Simmons
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25. Hand full of @jacquieaiche 💙💎💍 @esnail_la 💅🏾
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26. SuperSoulers! You can watch my interview with Carl Lentz live from my Facebook page, tomorrow at 11a ET| 8a PT. #SuperSoulSunday
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27. 💋 .. When the friendship is easy like Sunday morning. ☀️
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28. Sunday mornings are the best........... hugs and cuddles with my angel
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29. #huggar16 #hellohuggars
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30. My gym is everywhere!.. #RnBMoney #TheGeneral 📸: @twelvepastseven
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31. Nothing I would rather be doing... Rocko setting up our movie, Romelō working on a puzzle & Laiyah singing and sharing all she's learning at school... I'm so grateful for the joy they've brought into my life ... Praying for peace , joy & love in the home of EVERY family ♥️ #HeadScarfPJSunday LOL 😂
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