|By Marketwired .||
|July 17, 2014 02:50 PM EDT||
WASHINGTON, DC -- (Marketwired) -- 07/17/14 -- Judicial Watch announced today that on Wednesday, July 16, 2014, the U.S. Court of Appeals for the Eleventh Circuit granted oral argument in an appeal of a lawsuit by Kawa Orthodontics, LLP, that challenges the Obama administration's delay of the "employer mandate" provisions of the Affordable Care Act, also known as "Obamacare." Until the delay, the mandate had been scheduled to go into effect on January 1, 2014.
Kawa Orthodontics, which is represented by Judicial Watch, Inc., sued the U.S. Department of Treasury, the Internal Revenue Service, Treasury Secretary Jack Lew, and the Commissioner of the IRS over the delay. The lawsuit was filed on October 1, 2013, in the U.S. District Court for the Southern District of Florida in West Palm Beach (Kawa Orthodontics, LLP vs. Jack Lew, et al (No. 9:13-cv-80990)). It was dismissed without a hearing on standing grounds on January 13, 2014.
On February 27, 2014, the case moved to the Eleventh Circuit in Atlanta (Kawa Orthodontics, LLP v. Secretary, U.S. Department of the Treasury et al. (No. 14-10296)). It currently is awaiting a ruling by a three-judge appellate panel.
With U.S. House of Representatives Speaker John Boehner calling for a House Resolution authorizing a civil suit against the Obama administration, new focus has been given to Kawa Orthodontics' lawsuit, which is the first and most serious legal challenge to the Obama administration's constitutional overreach in delaying the mandate. In July 2013, the administration announced that the mandate would be delayed until 2015 even though the law expressly requires it to take effect on January 1, 2014. The Obama administration subsequently delayed the mandate a second time. It is now scheduled to take effect in 2016.
Many prominent Americans, including members of Congress and other opinion leaders, have voiced support for this historic legal challenge:
"Obamacare is a disastrous law that's increasing patient costs, limiting patient choices, killing jobs and outright violating the Constitution. Obamacare needs to be repealed and replaced, and I believe legal challenges to it will continue to show its flaws." - Senator Marco Rubio (R-FL)
"It's time the President works with Congress, not around it, to achieve realistic policy goals that help grow opportunity for hardworking Americans. They work hard and play by the rules -- we need an Administration that does the same. Dr. Kawa's suit pushing back against this administration and its overreaching agencies should be considered in the larger discussion about the constitutionality of this administration's actions." - Rep. Mike Fitzpatrick (PA-8)
"President Obama has consistently shown a disregard for the limits of his authority under the Constitution, especially with respect to his own signature law, Obamacare. Thankfully, orthodontist and small business owner, Dr. Larry Kawa has taken the necessary action on behalf of his patients and employees to hold the Obama administration accountable to the requirements of the Constitution and the law." - Michael Steele, Former Republican National Committee Chairman
"While it would be best if the government overreach known as Obamacare were banned altogether, it is for better or worse, the law of the land. For President Obama and his administration to override a Congressionally passed law with a blog post is not only ridiculous, it's illegal. The uncertainty about the law and whether or not it will be implemented has critically damaged many local businesses such as Dr. Larry Kawa and Kawa Orthodontics. Dr. Kawa has shown great courage in taking on the establishment and fighting for the rule of law. The framers believed in limited government, which is why there are limits to the president's power. I hope that he finally gets the message." - Richard Rahn, Senior Fellow at the Cato Institute
As a "large employer," Kawa Orthodontics is subject to the "employer mandate." Kawa Orthodontics spent substantial time and money in 2013 in anticipation of the mandate taking effect in 2014. It also incurred significant "opportunity costs" preparing for mandate instead of pursuing other business opportunities. Kawa Orthodontics estimates that it could have generated approximately $1.2 million in new revenue for its practice had it not spent approximately 100 hours of time determining how best to comply with the "employer mandate." The Obama administration announced its delay of the mandate after Kawa Orthodontics incurred these "anticipatory compliance costs."
According to Kawa Orthodontics' attorneys at Judicial Watch, if the court were to declare the delay to be unconstitutional and reinstate the effective date established by Congress, Kawa Orthodontics would regain some, if not all, of the value of the time and money it lost as a result of the delay. The Agency for Health Research and Quality of the U.S. Department of Health and Human Services reported that the number of employers in the United States having more than 50 employees is as high as 1.6 million, each of whom could be affected, as well.
Judicial Watch attorneys arguing on behalf of Kawa Orthodontics, put the case into context:
"This lawsuit raises a single, straightforward legal question: does the Executive Branch have authority to ignore a clear, congressionally-imposed deadline affecting hundreds of thousands of employers and millions of employees across the country on a matter of unquestionable importance? ... The answer to the question posed by this lawsuit is quite plainly 'No.' Defendants' delay of the mandate violates the Administrative Procedures Act (APA). It exceeds Defendants' statutory jurisdiction, authority, and limitations, is contrary to constitutional right, power, or privilege, and is otherwise not in accordance with law."
"We are pleased that the court granted oral argument in the case. Judicial Watch has been entrusted with representing a courageous and well-respected Florida orthodontist, Dr. Larry Kawa and his practice, Kawa Orthodontics, in standing up to this unconstitutional presidential overreach. Today we moved one step closer to our goal of holding this lawless administration to account," said Judicial Watch President Tom Fitton. "President Obama has repeatedly taunted the American people to sue him if they believe his actions are illegal. Well guess what Mr. President, we did. And we will now have our day in court. Once again, Congress, with plans for a lawsuit of its own over the delay of the employer mandate, is late to the table in challenging Obama administration lawlessness."
Dr. Kawa added, "The amount of goodwill and support that we've seen from people like Senator Marco Rubio, Congressman Mike Fitzpatrick, Michael Steele, and Richard Rahn has been incredible. The administration now knows that the country is watching and the courts will be listening. No longer will Americans remain silent while President Obama tramples over the constitutional limits on executive branch authority. We are confident the court will allow us to move forward with our lawsuit so that, ultimately, the rule of law will prevail."
Developing software for the Internet of Things (IoT) comes with its own set of challenges. Security, privacy, and unified standards are a few key issues. In addition, each IoT product is comprised of (at least) three separate application components: the software embedded in the device, the back-end service, and the mobile application for the end user’s controls. Each component is developed by a different team, using different technologies and practices, and deployed to a different stack/target –...
Sep. 29, 2016 08:45 PM EDT Reads: 1,542
Why do your mobile transformations need to happen today? Mobile is the strategy that enterprise transformation centers on to drive customer engagement. In his general session at @ThingsExpo, Roger Woods, Director, Mobile Product & Strategy – Adobe Marketing Cloud, covered key IoT and mobile trends that are forcing mobile transformation, key components of a solid mobile strategy and explored how brands are effectively driving mobile change throughout the enterprise.
Sep. 29, 2016 08:45 PM EDT Reads: 2,203
Identity is in everything and customers are looking to their providers to ensure the security of their identities, transactions and data. With the increased reliance on cloud-based services, service providers must build security and trust into their offerings, adding value to customers and improving the user experience. Making identity, security and privacy easy for customers provides a unique advantage over the competition.
Sep. 29, 2016 06:15 PM EDT Reads: 3,674
All clouds are not equal. To succeed in a DevOps context, organizations should plan to develop/deploy apps across a choice of on-premise and public clouds simultaneously depending on the business needs. This is where the concept of the Lean Cloud comes in - resting on the idea that you often need to relocate your app modules over their life cycles for both innovation and operational efficiency in the cloud. In his session at @DevOpsSummit at19th Cloud Expo, Valentin (Val) Bercovici, CTO of So...
Sep. 29, 2016 06:00 PM EDT Reads: 1,535
SYS-CON Events announced today that Commvault, a global leader in enterprise data protection and information management, has been named “Bronze Sponsor” of SYS-CON's 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Commvault is a leading provider of data protection and information management solutions, helping companies worldwide activate their data to drive more value and business insight and to transform moder...
Sep. 29, 2016 05:15 PM EDT Reads: 2,853
SYS-CON Events announced today that eCube Systems, a leading provider of middleware modernization, integration, and management solutions, will exhibit at @DevOpsSummit at 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. eCube Systems offers a family of middleware evolution products and services that maximize return on technology investment by leveraging existing technical equity to meet evolving business needs. ...
Sep. 29, 2016 05:15 PM EDT Reads: 1,580
Personalization has long been the holy grail of marketing. Simply stated, communicate the most relevant offer to the right person and you will increase sales. To achieve this, you must understand the individual. Consequently, digital marketers developed many ways to gather and leverage customer information to deliver targeted experiences. In his session at @ThingsExpo, Lou Casal, Founder and Principal Consultant at Practicala, discussed how the Internet of Things (IoT) has accelerated our abil...
Sep. 29, 2016 04:45 PM EDT Reads: 2,785
SYS-CON Events has announced today that Roger Strukhoff has been named conference chair of Cloud Expo and @ThingsExpo 2016 Silicon Valley. The 19th Cloud Expo and 6th @ThingsExpo will take place on November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. "The Internet of Things brings trillions of dollars of opportunity to developers and enterprise IT, no matter how you measure it," stated Roger Strukhoff. "More importantly, it leverages the power of devices and the Interne...
Sep. 29, 2016 04:45 PM EDT Reads: 3,439
Digital innovation is the next big wave of business transformation based on digital technologies of which IoT and Big Data are key components, For example: Business boundary innovation is a challenge to excavate third-party business value using IoT and BigData, like Nest Business structure innovation may propose re-building business structure from scratch, as Uber does in the taxicab industry The social model innovation is also a big challenge to the new social architecture with the design fr...
Sep. 29, 2016 04:30 PM EDT Reads: 1,341
Whether they’re located in a public, private, or hybrid cloud environment, cloud technologies are constantly evolving. While the innovation is exciting, the end mission of delivering business value and rapidly producing incremental product features is paramount. In his session at @DevOpsSummit at 19th Cloud Expo, Kiran Chitturi, CTO Architect at Sungard AS, will discuss DevOps culture, its evolution of frameworks and technologies, and how it is achieving maturity. He will also cover various st...
Sep. 29, 2016 04:30 PM EDT Reads: 1,956
So, you bought into the current machine learning craze and went on to collect millions/billions of records from this promising new data source. Now, what do you do with them? Too often, the abundance of data quickly turns into an abundance of problems. How do you extract that "magic essence" from your data without falling into the common pitfalls? In her session at @ThingsExpo, Natalia Ponomareva, Software Engineer at Google, provided tips on how to be successful in large scale machine learning...
Sep. 29, 2016 04:00 PM EDT Reads: 2,395
If you had a chance to enter on the ground level of the largest e-commerce market in the world – would you? China is the world’s most populated country with the second largest economy and the world’s fastest growing market. It is estimated that by 2018 the Chinese market will be reaching over $30 billion in gaming revenue alone. Admittedly for a foreign company, doing business in China can be challenging. Often changing laws, administrative regulations and the often inscrutable Chinese Interne...
Sep. 29, 2016 04:00 PM EDT Reads: 478
Creating replica copies to tolerate a certain number of failures is easy, but very expensive at cloud-scale. Conventional RAID has lower overhead, but it is limited in the number of failures it can tolerate. And the management is like herding cats (overseeing capacity, rebuilds, migrations, and degraded performance). Download Slide Deck: ▸ Here In his general session at 18th Cloud Expo, Scott Cleland, Senior Director of Product Marketing for the HGST Cloud Infrastructure Business Unit, discusse...
Sep. 29, 2016 03:30 PM EDT Reads: 2,551
In his session at @ThingsExpo, Kausik Sridharabalan, founder and CTO of Pulzze Systems, Inc., will focus on key challenges in building an Internet of Things solution infrastructure. He will shed light on efficient ways of defining interactions within IoT solutions, leading to cost and time reduction. He will also introduce ways to handle data and how one can develop IoT solutions that are lean, flexible and configurable, thus making IoT infrastructure agile and scalable.
Sep. 29, 2016 03:30 PM EDT Reads: 1,627
Data is an unusual currency; it is not restricted by the same transactional limitations as money or people. In fact, the more that you leverage your data across multiple business use cases, the more valuable it becomes to the organization. And the same can be said about the organization’s analytics. In his session at 19th Cloud Expo, Bill Schmarzo, CTO for the Big Data Practice at EMC, will introduce a methodology for capturing, enriching and sharing data (and analytics) across the organizati...
Sep. 29, 2016 03:15 PM EDT Reads: 1,791