Rivkin is also the lead counsel for the multistate lawsuit challenging the constitutionality of Obamacare, currently being fought in the federal district court in Florida. That case was argued on Dec. 16, where a decision is expected within the next two months. After that decision, Rivkin will represent Florida and the other states (including Texas, incidentally) on appeal.
With this EPA appeal, now Rivkin’s team at Baker & Hostetler is spearheading the conservative pushback on a second front in the fight against Team Obama. Obamacare is illegal because it violates the Constitution to require people to buy healthcare insurance, to cripple local businesses that don’t offer insurance, and to coerce the states through a sweeping overhaul of the Medicaid system. The EPA’s new regulations are illegal because they didn’t follow the requirements of federal law in opening the rulemaking process to the public for scrutiny and comment. Both cases involve illegal power grabs by President Obama and his lieutenants.
This federal appeal in Texas v. EPA is the latest reminder that over the next two years Americans must look to the courts to uphold the rule of law and restrain the runaway power of this administration. It’s also a reminder that conservatives cannot succeed in beating this administration unless we fight for judges who will faithfully uphold the rule of law in the courts.