While Democrats and Republicans on Tuesday cheered dueling court rulings on the legality of ObamaCare subsidies, a conservative watchdog group has been preparing for the next big court case challenging the health care law.

The U.S. Court of Appeals for the Eleventh Circuit on Monday scheduled oral arguments for the second week in October in the case of a Florida orthodontist who is suing the Obama administration for delaying the employer mandate.

Dr. Larry Kawa, who owns and operates Kawa Orthodontics in West Palm Beach, said his office lost $1.2 million in earnings after setting aside 100 hours to plan compliance with the 2014 employer mandate, which was to require big companies to either provide health insurance to employees or pay a fine.

In July 2013, President Obama announced the employer mandate would be delayed a year and he later extended the date again, to 2016.

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