A unanimous three-judge panel from the Seventh Circuit Court of Appeals in
In their lawsuit, the group complained the Obama administration does not have the power to delay the implementation of the employer mandate. The AAPS also argued the delay in the implementation of the mandate caused financial injury to physicians because when employers do not provide insurance employees must use more of their own funds to purchase coverage or pay the penalty, which leaves less money for them to spend on medical care.
The appeals panel did not agree with the AAPS and ruled the group does not have standing to bring the lawsuit. "The [Supreme] Court has rejected efforts by one person to litigate about the amount of someone else's taxes (or someone else's subsidies, which are taxes in reverse," the opinion read.
The AAPS lawsuit is similar to the one the House GOP intends to file against President Barack Obama. That lawsuit is narrowly focused on the PPACA and the president's alleged abuse of authority when he decided to defer the PPACA's employer mandate.
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