Serious lawsuits start with some specific legal grievance – a claim that someone was injured by a defective product, say, or that a search was unreasonable under the Fourth Amendment – and proceed from there. US House speaker John Boehner wants to sue the President of the United States – for no particular reason other than his alleged lawlessness – and fill in the details later.
The lawsuit, which a House committee will take up rather seriously on Wednesday, is a frivolous stunt that not only has no chance of succeeding but isn’t even intended to succeed. The belated choice of targets does provide a useful illustration of Republican priorities, though: most notably, registering more outrage at the Affordable Care Act and further attempting to legitimize various fake scandals wafting up from the conservative fever swamp.
Some of the GOP attacks on the Obama administration have had real substantive effects. This suit, however, is analogous to the endless House votes to repeal Obamacare – an impotent symbolic gesture by Republicans frustrated they were unable to deny access to health coverage to tens of millions of American citizens.
By speaking first in general terms about Obama’s alleged failure to “faithfully execute the laws” in favor of usurping the will of Congress, plus the president’s failure to do enough bombing of random foreign countries, Boehner allowed the Tea Party’s insatiable skree machine to fill in its own gibberish legalese. Why focus on one potential impeachable offense when the examples can be nearly infinite? Benghazi! Fast and Furious! Executive orders!
Now that Boehner has actually announced the basis for the lawsuit – and will spend the next two weeks getting it to the floor for another meaningless Obamacare vote – it turns out to be a narrow and almost certainly irrelevant one. The suit will focus on a claim that Obama acted illegally when the administration decided to effectively delay implementation of the employer mandate in the Affordable Care Act, by declining to penalize employers who didn’t comply in 2014.
In fairness, the argument isn’t unreasonable on its own terms, but to bring a legal challenge in federal court, a plaintiff must have “standing” – Boehner and Co must show that the House of Representatives has been directly injured or otherwise directly affected. Under existing precedents, that’s nearly impossible.
And even if the federal courts were to grant standing, for a lawsuit to proceed, there has to be an ongoing controversy. Since the employer mandate will almost certainly not be delayed another year, the issue is likely to be moot before the lawsuit gets very far, which will result in its getting thrown out. The American taxpayers will have funded a no-hope legal challenge because House Republicans needed to keep their base’s 24/7 scandal-invention machine going – not because there was an actual controversy.
It’s not clear what kind of bill the coming weeks might produce. Conservative legal experts will be happy to give testimony, some of which will be reflected in the final resolution. But the details are fundamentally irrelevant. The federal courts will almost certainly deny that they have jurisdiction, Boehner will have sent politically expedient signals to his base, and the successful implementation of Obamacare will proceed exactly as it would have – as if nobody had ever sued the President of the United States at all. As for the defective product that is the Republican-controlled House, well, the only remedy for the injuries they’ve inflicted is at the ballot box in November.
By: Scott Lemieux, The Guardian, July 15, 2014
July 16, 2014
Posted by raemd95 |
House Republicans, John Boehner, Tea Party | Affordable Care Act, Conservatives, Election 2014, Employer Mandate, Executive Orders, GOP, ObamaCare |
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The story on House Speaker John Boehner’s lawsuit against President Barack Obama is pretty simple: regardless of whether the administration overstepped, what’s at stake is whether the courts are being empowered at the expense of the elected branches of government.
For starters, there’s zero evidence that Obama has been unusual in his use of executive powers. If he’s overdone it, then all the recent presidents have done so, too. The idea that he’s some sort of tyrant who acts differently than other modern presidents is nonsense.
In fact, It’s perfectly normal for presidents and executive branch departments and agencies to make broad interpretations of law that look a lot like legislating. It’s how the system works, and pretty much how it always worked. Thus Richard Neustadt’s famous claim that the system isn’t “separation of powers,” but separated institutions sharing powers.
Nonetheless, there are rules constraining how laws may be interpreted, and it is possible that in specific instances, the administration may have acted beyond what the law allows.
Indeed, experts have made the case that this kind of overreach occurred with the delayed implementation of the employer mandate in the Affordable Care Act (which, apparently, is going to be central to the House Republicans’ lawsuit), though other experts disagree.
In any case, it would be unprecedented, and in fact would constitute a significant change to the constitutional system, if the courts allowed Congress to sue the president over the ACA delay.
The technical issue is “standing.” For the courts to consider a lawsuit, the person or group bringing the suit has to show they were harmed in some direct way. So, for example, in the recent recess appointment case, Noel Canning Corp. was able to show that it had directly been harmed by an action taken by members of the National Labor Relations Board who had been recess-appointed. Generally, the courts have ruled (Vox has a good explainer on this) that Congress isn’t eligible to sue the president just because it doesn’t like what he’s done.
What Boehner is claiming now is that Congress, or the House of Representatives in this case, should be able to sue the president for not following the law if no one else would be able to do so.
If that succeeds, however, the big winner in the long run wouldn’t be Congress. It would be the courts.
By the logic of Boehner’s own action (despite what he says), this isn’t about a tyrannical president refusing to obey the law. If House Republicans believed that Obama was an out-of-control dictator, then they couldn’t also believe that a court ruling would be sufficient to constrain him.
What’s actually happening is that the House doesn’t interpret the law in the same way as the president, and the question is how to resolve the variance. Normally, each branch has an opportunity to interpret the law (those separated institutions sharing powers again), but doctrines such as standing limit the courts’ ability to intervene.
If, however, they can intervene whenever a house of Congress is unhappy, then the courts get a a much more active role in determining what the laws say. And why just a house of Congress? What if the president sued Congress, for example, if it failed in its obligation to produce appropriations bills on time? Instead of a government shutdown, would we get an injunction and then a judicial act of appropriations, with someone appointed by Bill Clinton or Ronald Reagan making 302(b) allocations by judicial fiat? Or perhaps we’d wind up with individual senators jurisdiction shopping, looking for a friendly judge to overturn some fight they lost in committee or on the Senate floor. Those kinds of setbacks are common for senators and executive branch departments; the only thing that prevents the losers, or whole chambers that lost fights in conference, from directly appealing to the courts is that the courts have a doctrine against intervening.
So what can Congress do? If the problem were simply a president who failed to follow the law, then the only real choices would be either to live with it, or impeachment and conviction. But if the problem is merely that the president interprets a law in a way that Congress doesn’t like, then the obvious remedy, as presidency scholar Andrew Rudalevige said recently, is “for Congress to change the law to remove presidential discretion” (I argue the same here).
So put aside the question of whether the administration improperly interpreted the law (it might have). Put aside, too, the silliness of House Republicans attempting to force the president to impose a policy, the employer mandate, which no Republican actually wants to enforce. And put aside the reality that by the time this lawsuit is decided it may well be moot, at least if the mandate takes effect as currently planned. This is about enhancing judicial power at the expense of the elected branches, and it’s a very bad idea.
By: Jonathan Bernstein, Ten Miles Square, The Washington Monthly, July 12, 2014
July 13, 2014
Posted by raemd95 |
Federal Courts, John Roberts, U. S. Supreme Court | Affordable Care Act, Congress, Employer Mandate, Executive Orders, House Republicans, Impeachment |
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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
July 12, 2014
Posted by raemd95 |
Affordable Care Act, House Republicans, John Boehner | Congress, Employer Mandate, Executive Orders, GOP, Impeachment, Right Wing |
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House Speaker John Boehner (R-Ohio) has heard members of his party call for President Obama’s impeachment for reasons that are unclear, but yesterday, he made clear that he’s not on board.
When asked Wednesday by NBC News what he thought about the failed vice presidential nominee and half-term Alaska governor’s demand that Congress remove Obama from office, the Ohio Republican said, “I disagree.”
Boehner is leading a charge to sue the Obama administration over what he sees as an abuse of executive power, but the speaker has said the lawsuit is not a step toward impeachment.
Got it. The House Speaker is prepared to file a lawsuit against the president for reasons Boehner can’t explain, but presidential impeachment isn’t part of the House Republican leadership’s plan.
So, does that put the matter to rest? Not yet, it doesn’t.
Former half-term Alaska Gov. Sarah Palin (R) told Fox News, “You don’t bring a lawsuit to a gunfight and there’s no room for lawyers on our front lines.” (One hopes that Palin was speaking metaphorically and that she doesn’t actually see political disagreements with the White House as a “gunfight.”) The comments came on the heels of a written piece in which the Alaska Republican said conservative voters should “vehemently oppose any politician” who “hesitate[s] in voting for articles of impeachment.”
What we’re left with is the latest wedge dividing the party. It’s not yet a litmus test for the right, but four months before the 2014 midterms, it’s clear Republicans have found yet another area for intra-party arguing.
The Hill ran an interesting piece yesterday noting that much of the disagreement is about tactics, not ideology.
Staunch House conservatives are quashing calls for President Obama’s impeachment.
They argue an impeachment trial would be a doomed effort, with a Democratic Senate, that could hurt Republicans in the midterm elections.
For those who see the far-right impeachment crusade as silly, this may seem reassuring, but I’d like to pause to note a relevant detail: rank-and-file GOP lawmakers aren’t balking at impeachment because it’s dumb and unnecessary; they’re balking because they doubt it’ll advance their broader political goals.
The piece in The Hill is filled with quotes from House Republicans who are sympathetic to the idea of impeachment, but who worry about the electoral consequences and/or have no hopes that the Senate would remove Obama from office.
I emphasize this because, at least so far, I haven’t seen any GOP lawmaker say something like, “I disagree with impeachment because the president hasn’t committed an impeachable offense.” For much of the Republican Party, that Obama is guilty of serious wrongdoing is apparently a foregone conclusion, for reasons only they understand.
Byron York, meanwhile, suggested yesterday that the Speaker, arguably the top Republican official in the federal government, may ultimately have to simply declare whether impeachment is on or off the table. It’s what Nancy Pelosi did in 2006, and it’s what Boehner may have to do in 2014.
That sounds about right, though it’s worth remembering that the weak Speaker isn’t necessarily the final word on the subject. As we talked about the other day, the Speaker didn’t want to create a debt-ceiling crisis, but the far-right insisted and Boehner went along. The Speaker didn’t want a government shutdown, but the far-right insisted and Boehner went along. The Speaker didn’t want to hold several dozen “repeal Obamacare” votes, but the far-right insisted and Boehner went along. The Speaker didn’t want to kill immigration reform, but the far-right insisted and Boehner went along.
Now the Speaker is cool to impeachment. Whether others in his party care about Boehner’s preferences remains to be seen.
By: Steve Benen, The Maddow Blog, July 10, 2014
July 11, 2014
Posted by raemd95 |
Impeachment, John Boehner, Sarah Palin | Conservatives, Debt Ceiling Crisis, Executive Orders, GOP, Government Shutdown, House Republicans, Immigration Reform |
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President Obama was generous on Thursday in referring to Speaker John Boehner’s proposed lawsuit against him as a “stunt,” a word generally used to mean a playful attempt to get attention. In fact, the suit is a mean-spirited attempt to deflect attention — specifically from the House’s refusal to engage in the act of governing.
For the foreseeable future, there will be no action to boost the economy, or help minimum-wage workers, or extend unemployment insurance, or address climate change. Immigration reform is dead. The most basic appropriations bills are likely to get bogged down in Republican attempts to promote coal burning and rein in the Clean Water Act. There is already talk of another in an endless series of stopgap spending bills, the surest sign of a non-functioning Congress. And the Tea Party would love nothing more than another shutdown fight or even impeachment hearings.
Mr. Boehner’s lawsuit, which he said will challenge the president’s use of executive authority, was designed in part to appease the far-right corner. But more substantively, it is part of Mr. Boehner’s long-running strategy to pretend there is a legitimate reason for the years of obstruction.
He can’t very well explain to the public that the real reason there has been no action on immigration reform is because large swaths of the Republican base dislike Hispanic immigrants. And so he had to construct a way to blame Mr. Obama for the inaction.
“Speaker Boehner has been very clear about this: He wants to fix America’s broken immigration system,” his spokesman, Michael Steel, said last month. “But no one trusts the White House to enforce the law as written.” He can’t be trusted because he allowed the children of immigrants who came to this country illegally to remain without fear of deportation, an executive action that may be on the list of particulars in the lawsuit. (Mr. Boehner hasn’t said which actions prompted him to sue.)
Coal-state lawmakers can’t admit they would rather foul the air than hurt the short-term interests of their states’ biggest industries and employers, so they pretend they are angry about a procedural matter: Mr. Obama’s “overreach” in directing environmental regulators to enforce carbon standards without the permission of Congress.
And Republicans care not in the least about the substance of the administration’s actions in delaying parts of the Affordable Care Act; instead they see each administrative action as an opportunity to portray the president as tyrannical. “We didn’t elect a monarch or a king,” Mr. Boehner told the House in a letter on Wednesday outlining his legal plans.
Royalty is a laughable way to describe a president who had to struggle to get his own aides confirmed by the Senate, and was forced to use an experimental legal maneuver to keep entire agencies functioning. Mr. Obama’s attempt to use recess appointments to get around the Republican refusal to confirm any members to the National Labor Relations Board, regardless of qualification, was slapped back by the Supreme Court on Thursday. Republicans immediately claimed the court, too, has become angered by the president’s imperialism, refusing to acknowledge the president had acted out of desperation to get around their own unprecedented level of resistance.
Mr. Boehner’s diversion is the ultimate in frivolous lawsuits — a subject he knows well, since he frequently applies the word “frivolous” to the lawsuits he doesn’t like, including those fighting discrimination against gays and lesbians in the workplace. But it is likely to fail in both its legal objective and its larger purpose. Americans are pretty good at detecting phony excuses to get out of work.
By: David Firestone, Taking Note, Editorial Page Editors Blog, The New York Times, June 27, 2014
June 29, 2014
Posted by raemd95 |
House Republicans, John Boehner | Affordable Care Act, Carbon Emissions, Climate Change, Conservatives, Discrimination, Executive Orders, GOP, Immigration Reform, Minimum Wage |
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mykeystrokes.com 