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Boehner suing Obama over employer mandate

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July 11, 2014

By Phil Heidenreich

John Boehner

Washington, D.C.: "So sue me," Barack Obama proclaimed after learning of Speaker of the House John Boehner's (R-OH) threat of a lawsuit over the president's use of executive powers.[1] Boehner and other House republicans are doing just that, focusing on Obama's failure to enforce the Patient Protection and Affordable Care Act's employer mandate. House Rules Committee Chairman Pete Sessions (R-TX) released a draft resolution July 10 that could be considered by the committee as early as next week and the House floor the following week. Boehner argued that Obama "changed the healthcare law without a vote of Congress, effectively creating his own law by literally waiving the employer mandate and the penalties for failing to comply with it."[2]

The law stated that businesses with over 50 employees needed to offer health benefits before the 2014 deadline or face a fine for not complying with the law. The administration delayed the deadline in July 2013 by one year and then again in February 2014 by another year, pushing the mandate deadline to 2016 for businesses with between 50 and 99 employees.[3][4] Obama was asked in 2013 about the legality of the delay, to which he responded, "If Congress thinks that what I’ve done is inappropriate or wrong in some fashion, they’re free to make that case. But there’s not an action that I take that you don't have some folks in Congress who say that I'm usurping my authority.[3] The administration has been calling the move a political stunt and a waste of time.[5]

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