“The Hill On Which He’ll Die”: John Boehner’s Lawsuit Is A Political Dud
On Thursday evening, House Speaker John Boehner (R-OH) finally revealed the details of his long-awaited plan to sue President Barack Obama, and they come as something of a surprise. In essence, the Speaker is asking the House to sue the president for not implementing Obamacare quickly enough.
“Today we’re releasing a draft resolution that will authorize the House to file suit over the way President Obama unilaterally changed the employer mandate,” Boehner said in a statement. “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. That’s not the way our system of government was designed to work. No president should have the power to make laws on his or her own.”
Legally, Boehner’s plan is on shaky ground. While the House has never institutionally sued a president for not enforcing the law, several individual members of Congress have tried, and almost all of their cases were dismissed for lack of standing. Even if a court agrees to hear the case, it’s not at all clear that President Obama broke the law by delaying the implementation of the employer mandate, giving employers with more than 50 full-time employees an extra year to offer their workers health insurance. And even if the House wins its suit, its prize would likely be the immediate implementation of a policy which Republicans claim to hate.
Politically, Boehner’s plan seems destined to fall flat. It promises to undermine Republicans’ own talking points, while potentially pushing the far right even further towards open revolt against his authority.
When Speaker Boehner announced his intention to sue the president, he laid out a broad range of areas in which President Obama had supposedly acted illegally.
“On one matter after another during his presidency, President Obama has circumvented the Congress through executive action, creating his own laws and excusing himself from executing statutes he is sworn to enforce – at times even boasting about his willingness to do it, as if daring the America people to stop him,” Boehner wrote. “On matters ranging from health care and energy to foreign policy and education, President Obama has repeatedly run an end-around on the American people and their elected legislators, straining the boundaries of the solemn oath he took on Inauguration Day.”
But when it came time to pick an executive action for the lawsuit, he settled on one that Republicans themselves supported. House Republicans wanted to delay the employer mandate, and they voted to do so in July 2013. And when President Obama delayed it unilaterally, Republicans didn’t complain that he abused his power. Instead, they urged him to do it again.
“Is it fair for the president of the United States to give American businesses an exemption from his health care law’s mandate without giving the same exemption to the rest of America? Hell no, it’s not fair,” Boehner said at the time. “We should be thinking about giving the rest of America the same exemption that Obama last week gave businesses.”
Now House Republicans must explain why, one year ago, they were encouraging the president to “run an end-around” on them.
They also must explain what happened to all of the other examples of President Obama’s iron-fisted tyranny. As The New Republic’s Brian Beutler points out, Republicans — led by Boehner — have literally spent years accusing President Obama of recklessly breaking the law when it suits his needs. The fact that the employer-mandate delay from one year ago is the only example that they could come up with badly undermines that talking point.
Finally, by picking the employer mandate as the hill on which he’ll die, Boehner may have created an even greater political problem for himself. The Speaker’s decision to sue the president has been widely interpreted as a tactic to placate right-wing Republicans who would rather see Boehner attempt to impeach Obama. Whether he’s successful remains to be seen. Boehner’s lawsuit plan has certainly not changed the minds of those Republicans who have already called for Obama to be removed from office, and it seems very plausible that it won’t leave the congressmen who have accused Obama of breaking the law in other areas — such as immigration reform — satisfied. If one of them chooses to ignore Boehner’s wishes and introduces a resolution of impeachment, it would create a crisis for Boehner’s leadership — and end the Republican Party’s hopes of keeping its base under control through the midterms.
By: Henry Decker, The National Memo, July 11,2014
“Borderline Behavior”: GOP Demands Action, Blocks Solutions — And Always Complains
Listening to Republicans in Washington (and Texas and Arizona) scream about the “crisis” of migrant children arriving from Central America on our southern border, it is puzzling to realize that they don’t actually want to do anything to solve the problem. Nor do these hysterical politicians – led by that down-home diva Rick Perry, the governor of Texas – want to let President Obama do anything either.
Except that they insist the president absolutely must visit the border, in person, preferably with a thousand members of the National Guard (who could join the Border Patrol and local police in accepting the children as they surrender). Strangely enough these Republicans, along with a few Texas Democrats, seem to believe that is the most important action Obama could undertake.
Understandably, the president is skeptical. “This isn’t theater,” he responded tartly. “This is a problem. I’m not interested in photo ops. I’m interested in solving a problem.” As he knows, this episode is only the latest in a long sequence of similar clown shows, with Republicans citing ridiculous reasons to delay or prevent government action. His irritation is fully justified.
But perhaps Obama should have gone down to the border anyway, stood in the blazing sunlight with the dim governor for as long as Perry wished – and allowed the television cameras to show that their presence had accomplished exactly nothing. Of course, if Obama showed up at the border, the Republicans assuredly would criticize him for wasting time on a photo op. They have become the party of perpetual whining.
When they aren’t bleating about Obama, they’re concocting weird theories about his secret plans to destroy America. Only last week, Perry coyly hinted – although he said he didn’t want to be “conspiratorial” — that the White House must be “in on” the border crossings, because migrant kids couldn’t have showed up en masse without “a highly coordinated effort.” Later, he tried to persuade CNN’s Kate Bolduan that he didn’t really mean what his idiotic words said – an explanation everyone has heard from him before.
While Perry has taken the lead, he isn’t the only elected official whose mouth spews absurdities on this subject. Senator Ron Johnson (R-WI) offered a policy approach that would please any simpleton, when he explained why the President’s request for $3.7 billion in emergency funding looks far too big to him. “I’ve gone online and have taken a look on Orbitz and taken a look at what does it cost to fly people to El Salvador and Guatemala and Honduras. You have fares as low as $207. There’s nonstop flights at $450. You take those numbers and it costs somewhere between $11 million and $30 million to return people in a very humane fashion,” he opined.
Evidently nobody informed the Wisconsin senator about the myriad other costs involved in rounding up and caring for these terrified children, who are entitled to a court hearing and other consideration under an anti-trafficking law signed by George W. Bush. Anyone who wants to expedite their removal – a disturbingly inhumane and unnecessary policy – must first provide more courts, judges, and lawyers. And anyone who wants a decent policy, which includes action against the drug warlords who are threatening and killing these innocents, must be prepared to spend more than the cost of an Orbitz ticket.
Some Republicans, notably Senator Marco Rubio (R-FL), are urging the president to include their pet projects in his spending bill, such as electronic verification requirements for employers and at border crossings. And many GOP lawmakers, having demanded action on the border issue from Obama, are equally adamant that the funding must be “offset” by cuts in other programs.
None of these geniuses appears to realize that all their barking and carping and mooning are frustrating the president’s attempt to address the “crisis” that is agitating them so fiercely. Or more likely they know exactly what they’re doing — and the point, as usual, is to embarrass Obama.
But not every Republican talks total nonsense about the border and immigration. Alfonso Aguilar, who headed the Office of Citizenship under Bush, recently wrote: “Contrary to the narrative of some opportunistic politicians and pundits, this unfortunate situation is not the result of the Obama administration failing to enforce the law. In reality, most would-be-migrants believe that crossing the border has become much more difficult, and in the last decade, the U.S. government has greatly strengthened border security and interior enforcement.”
Meanwhile, the majority of Americans is increasingly repulsed by the primitive nativism and partisan opportunism of Republican leaders on immigration. Democrats, independents, and even many rank-and-file Republicans want a more decent and constructive policy. Ultimately voters must grasp that the GOP is the greatest single obstacle to every vital reform. That day cannot come too soon.
By: Joe Conason, The National Memo, July 11, 2014
“No Will To Legislate”: The GOP’s Completely Incoherent Stance On The Border Crisis
Republicans are furious about the flood of children streaming across the US-Mexico border, and are criticizing the president for not deporting the children fast enough. But now that Obama has asked for nearly $4 billion to help kick the kids out more quickly, they don’t want to fund the emergency measures.
The $3.7 billion Obama requested would boost border security as well as housing and legal services for the children, the majority of whom are fleeing violence in Central America. According to Texas Governor Rick Perry, who has become the GOP’s figurehead on the issue, too much of that money is going to shelter, healthcare and legal assistance, and not enough to enforcement. “President Obama’s appropriations request only deals with one aspect of the current crisis on our southern border, while barely addressing its root cause: an unsecured border,” Perry wrote in an op-ed on Wednesday. He wants Obama to send surveillance drones and 1,000 National Guard troops to the border.
Most minors are simply handing themselves over to border patrol agents, suggesting that a porous border isn’t really the problem. And even if the border were completely sealed, there’s still the question of what to do with the tens of thousands of children here already. Perry ignored the fact that the Obama administration is bound by the Trafficking Victims Protection Reauthorization Act, which bars the government from immediately deporting children from countries that do not share a border with the United States—such as Honduras, Guatemala and El Salvador, where the bulk of the children are from. The law requires border patrol to turn the children over to Health and Human Services and entitles them to due process so they may apply for humanitarian relief. Obama is trying to speed up deportations, to the consternation of immigrant rights and humanitarian groups. But unless Congress changes the trafficking law, the only way to do so is to make the legal system work faster by paying for more lawyers and judges.
Republicans are considering all sorts of roadblocks to the emergency funding bill. Some want any spending to be offset with cuts elsewhere. Others are insisting that Congress amend or repeal the trafficking law before they authorize any funding, a move that would deny children due process and, even if it were ultimately blocked by Democrats in the Senate, would at the very least hold up resources that are badly needed in the shelters where the children are housed.
Republicans, Perry included, are paying lip service to the idea that the crisis is a humanitarian one, but they don’t want to provide any humanitarian relief. As Jackie Calmes and Ashley Parker suggest in The New York Times, that’s because approving such funding “would help get [Obama] out of a situation that they believe is of his own making.” According to Perry, it’s more important for Obama to visit the border than it is for Congress to do something to address the situation. For Republicans, it’s more palatable to perpetuate the crisis and blame it on the president than to do anything that could be considered a “win” for the Democrats. Certainly it won’t be kids who win if Congress does agree to fund a smoother pathway to mass deportation.
It’s ironic that the same people who are apoplectic about Obama’s use of executive authority are now claiming that he’s the one not doing enough to fix the border crisis. Even House Speaker John Boehner, who is suing the president over his unilateral moves, had the gumption to attack the White House for not acting on its own in this instance. “He’s been president for five years! When is he going to take responsibility for something?” Boehner reportedly shouted at a press conference on Thursday morning. “We’re not giving the president a blank check.”
Republicans complain that Obama is cutting them out of the legislative process. As the border crisis demonstrates, however, it’s hard to detect real will on the part of the GOP to legislate.
By: Zoe Carpenter, The Nation, July 10, 2014
“Enough With The Katrina Analogies”: The Ethical Merits And Demerits Don’t Quite Match Up
It’s more obvious every day that a certain element of the conservative movement is focused on achieving revenge for the humiliation suffered by George W. Bush during his second term, and wants Barack Obama to be understood as walking the same downward path to ignominy. And so any time the president has a public relations setback or a policy problem, it’s his “Iraq” or “Katrina.” The latter has unsurprisingly become the preferred label for the sudden surge in border crossings at the Rio Grande attributable to events in Central America, and now for the president’s refusal to do photo ops at the border.
Before the practice gets too far out of hand, TNR’s Alec MacGillis offers a brisk refutation of the meme:
[T]here is the failure to consider even the most basic differences in context between the crisis in New Orleans and the Gulf coast in 2005 and what has been unfolding on the border. In the former instance, we were presented with an administration that willfully downplayed both the immediate threat of the approaching storm and the broader threat that, if the climatologists are to be believed, was represented by the storm.
In the latter instance, we are presented with an administration struggling to contain one particularly dramatic manifestation of a problem—a broken immigration policy—that the administration itself has been trying to fix, has indeed made its chief priority for the remainder of the president’s term, but has been stymied in comprehensively addressing by the identity crisis-driven obstructionism and indifference of the party that controls the House of Representatives. Other than that, yes, this is just like Hurricane Katrina. And the women and children lingering on the border, and the overwhelmed Border Patrol personnel trying their best to manage their presence, will be awaiting the magic word of whether the president’s caravan will be arriving on the horizon, which will surely solve everything.
I’d say there’s one more pretty big difference between Bush’s handling of Katrina and Obama’s handling of the “border crisis.” Bush was criticized by liberals for failing to take quick compassionate action to save lives threatened by flooding. Obama’s being criticized by conservatives for failing to immediately ship children back across the border in cattle cars; some seem to think they should simply be shot on sight. The ethical merits and demerits don’t quite match up.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, July 9, 2014
“Boehner’s Imaginary Allegations”: Speaker Still Struggling To Explain Anti-Obama Lawsuit
No one seems quite as happy about House Speaker John Boehner’s (R-Ohio) anti-Obama lawsuit as President Obama himself. For the West Wing, the Republican litigation helps prove to the public, in a rather definitive way, that Obama’s governing while GOP lawmakers in Congress sit around and complain. Indeed, the frivolous case is effectively a bold announcement that the Republican-led House wants the federal government to be paralyzed indefinitely – which is hardly a winning message in an election year.
And so the president has ended up talking more about Boehner’s prospective lawsuit than Boehner has. “I told [the House Speaker], ‘I’d rather do things with you, pass some laws, make sure the Highway Trust Fund is funded so we don’t lay off hundreds of thousands of workers.’ It’s not that hard,” Obama said last week. “Middle-class families can’t wait for Republicans in Congress to do stuff. So sue me. As long as they’re doing nothing, I’m not going to apologize for trying to do something.”
Yesterday, Boehner responded with a CNN op-ed, defending the litigation he has not yet filed. It’s worth scrutinizing in detail.
[T]oo often over the past five years, the President has circumvented the American people and their elected representatives through executive action, changing and creating his own laws.
First, the Speaker needs to understand, in a “Schoolhouse Rock” sort of way, that the White House cannot create its own laws. That’s gibberish. Obama can create policies through executive orders and executive actions, but those aren’t literally new laws. Second, to help bolster his case about Obama abuses, Boehner referenced exactly zero specific examples.
What’s disappointing is the President’s flippant dismissal of the Constitution we are both sworn to defend.
No, holding the debt ceiling hostage, vowing to crash the global economy on purpose while ignoring the “Full Faith and Credit” of the United States is a “flippant dismissal of the Constitution.” Obama’s use of executive authority, on the other hand, is fairly routine.
I know the President is frustrated. I’m frustrated. The American people are frustrated, too. After years of slow economic growth and high unemployment under President Obama, they are still asking, ‘where are the jobs?’
Boehner may not remember this – 2008 seems like a long time ago – but Obama inherited the worst economic conditions since the Great Depression. The president proceeded to turn the economy around, no thanks to Boehner, who demanded a five-year spending freeze at the height of the crisis, and has fought ever since for fewer investments, less capital, less demand, and higher unemployment through laid off public-sector workers.
As for where the jobs are, the United States is currently on track for the best year for job creation since the 1990s and June was the 52nd consecutive month in which we’ve seen private-sector job growth – the longest streak on record. Why didn’t Boehner read the jobs report?
The House has passed more than 40 jobs bills that would help.
No, not really.
Washington taxes and regulations always make it harder for private sector employers to meet payrolls, invest in new initiatives and create jobs – but how can those employers plan, invest and grow when the laws are changing on the President’s whim at any moment?
First, if presidential whims periodically change American law outside the constitutional system, then Congress would have a responsibility to impeach the president. Since this allegation is imaginary, however, there’s no need. Second, if Boehner is concerned about employers’ confidence in economic stability, the Speaker can approve resources for the Highway Trust Fund and stop playing games with the economy (again).
If House Republicans have a legitimate complaint, shouldn’t it be easier for Boehner to make his case?
By: Steve Benen, The Maddow Blog, July 7, 2014
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