The results are in for America's Next Top Lawless Executive Order, and Obamacare is the surprise winner. Specifically, House Speaker John Boehner is suing President Obama for not enforcing part of Obamacare Republicans actually hate: the employer mandate. But the problem with suing over the employer mandate delay is that it wasn't illegal and, more embarrassingly, Republicans are accusing the president of failing to enforce a law he actually supports.
House Republicans unveiled a draft of a House resolution allowing him to sue the president over the "implementation of (including a failure to implement) any provision" in the Affordable Care Act, ending days of speculation over which executive orders were so objectionable he decided he had to sue the president to enforce the country's laws. “In 2013, the president changed the health care 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,” Boehner said, according to The Wall Street Journal.
On July 2, 2013, word got out that the administration was delaying the employer mandate for companies with 50 or more employees for one year. Congress thinks those changes should go through them — House Republicans voted to delay the mandate two weeks after the executive order. As Boehner put it, "I hope the administration recognizes the need to release American families from the mandates of this law as well. This is a clear acknowledgment that the law is unworkable, and it underscores the need to repeal the law and replace it with effective, patient-centered reforms." Rep. Eric Cantor was more direct: "The best delay for ObamaCare is a permanent one."