House GOP will sue Obama over employer mandate waiver

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Politics,Congress,Susan Ferrechio,Obamacare,Health Care,PennAve,Employer Mandate,Law

House Republicans will use President Obama's “unilateral actions” on the health care law as the central focus of their lawsuit against him, the GOP leadership announced Thursday.

House Speaker John Boehner said the president's decision to waive the employer mandate that is part of the 2010 health care reform law overstepped his authority.

“That’s not the way our system of government was designed to work,” Boehner said. “No president should have the power to make laws on his or her own.”

The House GOP on Thursday released a draft resolution authorizing the unprecedented lawsuit. The resolution cites “failure of the president ... to act in a manner consistent with that official's duties under the Constitution and laws of the United States with respect to implementation (including a failure to implement) any provision of the Patient Protection and Affordable Care Act.”

In July 2013, Obama announced he would delay until 2015 the employer mandate to provide health insurance for employees or pay a fine.

The law requires employers with 50 or more workers to provide health insurance. The administration said it made the move to allow time to improve reporting requirements businesses said were too burdensome.

The House is expected to vote on the resolution authorizing the lawsuit as early as next week.

“If this president can get away with making his own laws, future presidents will have the ability to as well,” Boehner said in a statement. “The House has an obligation to stand up for the Legislative Branch, and the Constitution, and that is exactly what we will do.”

Democrats have criticized the Republican lawsuit, calling it a move to conceal an empty GOP legislative agenda.

“Instead of working to create jobs, instead of working to strengthen the middle class or addressing any of the urgent issues facing our nation, Republicans are wasting taxpayer dollars on another toxic partisan stunt," Drew Hammill, spokesman for House Minority Leader Nancy Pelosi, D-Calif., said after the draft resolution was announced.

CORRECTION: An earlier version incorrectly attributed Hammill's quote to Pelosi. The Washington Examiner regrets the error.

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Susan Ferrechio

Chief Congressional Correspondent
The Washington Examiner

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