Stopping presidential overreach: The cause grows
You may have heard that I’m suing the Obama administration over its special deal for Congress on Obamacare. Now, colleagues in Congress are joining the cause: 38 senators and representatives have signed a “friend of the court” brief supporting the lawsuit. You can see that brief here. More on the news from Washington Times here, the Daily Caller here.
The upshot: As American Spectator put it, we have not surrendered on Obamacare.
The Hill covered the issue well: When Congress passed Obamacare, it declared that members and their staffs should have to buy from the same “exchanges” that other Americans would be forced to use. And, like anyone else dumped off employer-sponsored coverage, Congress shouldn’t get tax-preferred employer contributions to pay for the costlier premiums. Only, as I’ve explained, when Congress and its staff realized how bad a deal they’d foisted on the rest of America, they got the Obama administration to unilaterally – and illegally – give them a work-around that no other American is eligible for.
That’s unfair to Americans and offensive to the idea that the president should carry out laws, not rewrite them.
WisPolitics reports on one big problem with this: “U.S. Sen. Ron Johnson argues in a new court filing that health insurance subsidies for congressional staffers under Obamacare 'drives a wedge between him and his constituents.' ” And it does.
But even worse: The special deal for Congress – tax-preferred contributions that no other dumped employee will get – is the result of a president overstepping his constitutional bounds. Newsmax’s coverage explains:
“Johnson argues that Congress debated that issue and decided not to allow for such subsidies. If the Obama administration wants to change the law, he says, they should go through the proper process.”
Instead, the administration doesn’t want to contest my lawsuit. The Obama administration knows it will lose, and that is why it asked the court to dismiss the lawsuit even before its day in court by claiming I don’t have “standing” to sue. Thirty-eight colleagues in Congress say otherwise. I’m grateful for the support. They join more than a dozen conservative groups publicly supporting my suit.
As Professor Jonathan Turley of George Washington Law School – an Obama supporter -- has testified, “The circumvention of the legislative process not only undermines the authority of this branch but destabilizes the tripartite system as a whole. . . . This danger is made all the more menacing by the clear assumption by the Executive Branch that artificially narrow standing rules will insulate the orders from judicial scrutiny and relief."
A side note: Newsmax’s story had originally said I now get my health coverage through a spouse’s plan. Not so: My wife and I buy private coverage and aren’t covered through an employer. Nor by taxpayers.