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A Florida orthodontist and conservative watchdog group filed suit Tuesday against the Obama administration for its delay of the employer mandate portion of Obamacare, arguing the president cannot pick and choose what parts of the law he wants to enforce.

Judicial Watch filed a lawsuit on behalf of Dr. Larry Kawa, owner of Kawa Orthodontics in South Florida, challenging Obama's decision to postpone the employer mandate until 2015.

Kawa said he spent significant time and resources preparing for the mandate, which was ultimately suspended.

Judicial Watch and Kawa say the president has violated the constitution in order to prevent political fallout from Obamacare in the 2014-midterm elections, and want the employer mandate to be enforced.

"If the law is to fail, let it fail now, not when it's politically convenient for the president," said Tom Fitton, president of Judicial Watch.

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