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 (11/26-12/2)
30 photos Launch gallery
1. Little Legend and Puddy 😍😍😍😍
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2. "You on point Phife?" "all the time,Tip". 💥 #bannedfromnormal
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3. Vegan! The Impossible burger at Crossroads
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4. Lawrence #BeforeandAfterEpisodes 1-4: 184lbs 13% body fatEpisode 8: 196lbs 8% body fat S/O @coachdaveboxing with the works outs and @kildareriordan with the nutrition
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5. Jus haaaanngin out
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6. Meanwhile back at home in Atlanta GA someone mad they not on the 🛳. 😳
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7. No limits... Photo cred: Chris Bridges @ludacris
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8. new new
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9. Apparently my 260lbs is too much for the actual vines in the Hawaiian jungles to hold me without breaking and me falling hundreds of feet. So for safety purposes, I'm forced to swing thru #Jumanjj on wires strong enough to hold 12 adult buffaloes and 1 adult Rock. #OnSet #Jumanji #IronicallyIEatBuffaloDailyForLunch #MoreManThanNatureKnowsWhatToDoWith
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10. hey ma! 🎎#wcw 💙
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11. Surprise visit to our factories!!! #GoodAmerican #USA
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13. Peachy Keen 🔥✨⚡️
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14. If this don't look thankful I don't know what does. Happy Thanksgiving to you and yours. #UltraBlessed #24kMagic #SweetPotatoFly
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15. Late nights @nbcmarlon with the writers... we in here!!!
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16. There goes my baaaaaaaaabbbbyyyyy #QueenKingMagic!!! We're up to something! Ira BIG!!! Stay out our buisness -
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17. You want to win every game you play but when you come home to these faces... who cares. #ILoveYouGirls best part of my day, everyday!
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18. Steady,steady..... full size jenga.. "I got this one "???? Or do I ?
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19. Cornrows kind of day 😉@dontaysavoy2 you convinced me and I love. ❤️️
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20. #BrotherlyLove #tbt
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22. #basel #TeamLOVE @kingcombs
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23. Just introduced a special screening of @directher 's groundbreaking (must see) documentary @13thfilm with my brother @themichaelealy | @unitedblackout #blackoutblackfriday
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24. Me & Vanessa Williams giving #DuckLips #Pose on the set of #DaytimeDivas @vh1 - Coming Soon to a tv near you. Lol. - My make up done by @makeupsurgeon
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25. This picture just makes me wanna praise the Lord, you hear me!!!!!! Yes Lord brotha #TEDDYCAMPBELL What a #man !!! You are everything right on this picture husband ......... #gorgeous #stylish #classy #strong #masculine #king #sexy #debonair #gentlemenstyle And that #bible in your hand just seals the deal for me (probably cause i know that, that is what helped you become just as amazing as you look😘). While my heart and mind experiences the goodness of God at #church on Sundays, my eyes experiences the goodness of Teddy😍. Amen somebody🙌🏽. "Bless the Lord oh my soul and all that is within me bless his holy name" #myman #myhusband #goodman #blackman #dapperman #godlyman #goodfather #mybestfriend
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26. Yesterday was my mama's 53rd birthday!!!!! Got to celebrate with her all day. If this is what I have to look forward to I can't wait. Looking like a soft bucket a cocoa butter. Yaaaaaaaaaas! 😍😍😍 love you mommy!
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27. "Shout out to @PureAtlanta for getting the family right"....I'm loving this jogger. 😍😍
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28. This pic warms my heart ❤️ #myLogiebeans and aunt aunt umba @itowandabraxton 😘
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29. You will always be my baby😜. #HappyBirthdayReginae #mybaby18
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30. GC "Gods Child" Red on Red SweatSuit available now at www.MonicaApparel.com ... Take Your Crown wherever you go!! I'm pictured in a Medium... Go to the site now for other options ... cc: @trukernell
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