“There is no clearer example of the Obama Administration’s abusive view of federal power than its implementation of Obamacare,” Cruz wrote in the legal memo titled, “The Legal Limit: The Obama Administration’s Attempts to Expand Federal Power,” obtained and published by The Daily Caller early Monday. “Repeatedly, the Administration has ignored the plain text of Obamacare, its ‘signature legislative achievement.’”
Cruz wrote that until Congress can “repeal Obamacare in its entirety,” courts should find in favor of the current lawsuits filed against it, and urged more “court challenges…to stop the Obama Administration’s lawless implementation of Obamacare.”
The report detailed seven examples of the “lawless implementation,” three of which cite pending litigation against Obamacare:
The Obama Administration unilaterally granted a one-year delay on all Obamacare health insurance requirements.
The Obama Administration ignored Obamacare’s text to unilaterally delay the employer mandate.
The Obama Administration ignored Obamacare’s text to unilaterally delay the out-of-pocket caps.
The Obama Administration ignored federal statutes to allow congressional staff to get government-subsidized health care.
Obamacare violates the Constitution’s Origination Clause and should be invalidated in its entirety.
Obamacare’s contraception mandate violates the First Amendment and the Religious Freedom Restoration Act.
The Obama Administration disregarded the text of Obamacare by expanding the employer mandate penalty through the IRS regulation.
In April, Cruz published his first report, “The Legal Limit: The Obama Administration’s Attempts to Expand Federal Power,” where he documented six cases of attempted abuse of federal power by the administration. In all six cases, Cruz wrote, the “U.S. Supreme Court has unanimously rejected DOJ’s arguments for more federal power.”