“Coward Of The House”: John Boehner’s Pathetic Lawsuit Reveals His Weakness
Never underestimate the cynicism of House Speaker John Boehner. The day after he told reporters he opposed the impeachment of President Obama, he announced plans to go ahead with an unprecedented lawsuit, on grounds so puny as to be laughable. The speaker will sue the president, he says, for postponing the imposition of the Affordable Care Act’s employer mandate for a year and waiving the fine it imposed.
So: after all of Boehner’s huffing and puffing about the president’s lawlessness, after an op-ed that claimed Obama had abused his power on “a range of issues, including his health care law, energy regulations, foreign policy and education,” he wants to sue him for not implementing a minor ACA provision Republicans are known to oppose, within a law they want to repeal entirely? And as NBC’s First Read notes, Boehner didn’t advocate suing President Bush in 2006 when he waived penalties for low-income seniors who missed the deadline to sign up for new Medicare prescription benefits.
Clearly Boehner’s silly lawsuit is a sop to his party’s right-wing base. But he’s throwing table scraps while the wing nuts want red meat. The GOP establishment, such as it is, has apparently decided impeachment is a bad political detour for the party. Yet few of the conservative voices now speaking out against impeaching the president have the courage to say: “It’s because he hasn’t done anything that would be grounds for impeachment.” Instead, they focus on the terrible politics for their party in a midterm election year when they’re expected to do well.
Boehner merely said “I disagree” when asked about Sarah Palin’s Facebook rant demanding that the House GOP impeach Obama – and then he fleshed out his alternative legal plan. The man who gave us Sarah Palin, Sen. John McCain, said Thursday: “There are not the votes here in the United States Senate to impeach the president of the United States and I think that we should focus our attention on winning elections.”
A Wall Street Journal anti-impeachment editorial did acknowledge, though almost in an aside, that “while Mr. Obama’s abuses of executive power are serious, they don’t rise to that level.” But the bulk of “The Impeachment Delusion” was spent on the bad politics of such a move, calling it “inherently a political process that at the current moment would backfire on Republicans,” given they have a decent chance of retaking the Senate.
Meanwhile, the WSJ is hyping Boehner’s lawsuit as essential to rein in Obama’s wanton use of “imperial powers.” The worshipful editorial, with the unintentionally hilarious headline “Boehner stands up,” opened “All due credit to John Boehner.”
That ought to win over the party’s right wing base. Then again, probably not.
The wimpiness of the GOP establishment just furthers the sense of the party’s implacable Obama haters that they have a claim against this illegitimate president, but the leadership is just too spineless and craven to drive him out of the White House. If he’s using “imperial powers,” as the Journal says, and he’s “changing and creating his own laws, and excusing himself from enforcing statutes he is sworn to uphold,” as Boehner claims, the House has a remedy, and it’s impeachment.
Establishment Republicans are praising Boehner’s lawsuit for finding a novel way to solve the problem that’s stymied all other congressional attempts to sue the president: their utter lack of standing to bring such a suit, given that they can’t show they’ve been harmed by the action at issue. Backed by right wing scholars David Rivkin and Elizabeth Foley, the speaker will make the case that since it’s not possible for any private individual to show harm in the case of the employer mandate, the courts should let Congress step in.
Few legal experts outside the confines of conservativism are convinced.
“I see this every day now, being covered as if it’s real, as if it’s somehow not a joke,” Yale law professor Akhil Reed Amar told Vox.com. “But can they name a single successful lawsuit in American history that is of close precedent to what they are proposing?” Amar doesn’t know of one. “At a certain point, I get to call Birther-ism. I get to call bullshit.”
I’ve been thinking about Birtherism a bit here, too. On the one hand, it’s great that Boehner quickly scotched Palin’s talk of impeachment. On the other, it would have been nice had he, and the rest of the party leadership, done the same when Birtherism, and talk of the president as Kenyan Muslim Kenyan usurper, broke out on the right wing fringe in 2009.
But Boehner refused to stand up to his party’s Birthers and Obama-is-a-Muslim loons. “It’s not my job to tell the American people what to think,” he said on NBC’s “Meet The Press” shortly after being elected speaker in 2011. Yet now he thinks it’s his job to tell the American people to think that the president is abusing his powers. Boehner’s stunt is impeachment-lite, or impeachment for cowards. Instead of quelling the fire burning in the party base, it is likely to stoke it.
By: Joan Walsh, Editor at Large, Salon, July 11, 2014
“You Don’t Bring A Lawsuit To A Gunfight”: It’s Clear Republicans Have Found Yet Another Area For Intra-Party Arguing
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
“Benghazi, The Cost Of An Obsession”: A Farcical Waste Of Time And Money
The furious, year-and-a-half-old effort to turn the deadly Benghazi attack into a Watergate-level scandal has so far failed. Naturally that hasn’t stopped Republicans from howling at hearings and turning over seat cushions in search of evidence. “Naturally,” because the Republican base has so far embraced these tactics.
But the Democrats, who for the most part have responded to the hysteria with loud sighs, are increasing their efforts to change the politics of the endless investigation by showing that it’s a farcical waste of time and money.
So it was that on Monday Nancy Pelosi provided journalists with a document revealing this year’s anticipated operating costs for the 12-member select committee on the Benghazi attacks. House Republicans have apparently requested $3.3 million for the panel, which will be composed of seven Republican lawmakers, five Democrats and an expected staff of 30.
USA Today put that figure in perspective:
Since the Benghazi committee was created in May, its full-year equivalent budget would be more than $5 million. This is more than the House Intelligence Committee, which has a $4.4 million budget this year and spent $4.1 million last year. The largest House committees — Energy and Commerce; Oversight and Government Reform; Transportation and Infrastructure — have budgets between $8 million and $9.5 million for the year.
A special committee on Energy Independence and Global Warming created by Democrats in 2007 spent about $2 million a year until it was shut down by the new Republican majority in January 2011.
The $3.3 million doesn’t count as a new expenditure since it will come from legislative branch funds that have already been appropriated. But this kind of profligacy won’t help the Republicans sell themselves as fiscal conservatives.
By: Juliet Lapados, Taking Note, Editor’s Blog, The New York Times, July 8, 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
“About That ‘Worst President’ Poll”: A Problematic Conclusion For The Media And Republicans To Draw
I’ve thought a couple of times about writing something on that annoying Quinnipiac poll conservative gabbers are gabbing about that shows Barack Obama eclipsing past bad presidents as the “worst” president. But Sean Trende of RCP did a better job of debunking it than I could, so here’s his take:
A poll from Quinnipiac has been making the rounds of late, with the media focusing in on a question that purportedly shows Americans consider Barack Obama the worst president since World War II (he led all others with 33 percent of the responses). But that is a problematic conclusion to draw from this particular question. First, we could just as easily state that 67 percent of Americans believe that someone other than Obama is the worst postwar president.
More importantly, these sorts of “multiple choice” questions, which pop up from time to time in various contexts, tend to raise eyebrows, because partisan unity can drive the results. And what really drives this particular finding is that Republicans are much more unified in their dislike of Obama than Democrats are in their dislike of any particular GOP president. A full 63 percent of Republicans identify Obama as the worst, with Jimmy Carter lagging far behind at 14 percent, an almost 50-percentage-point differential.
Among Democrats, however, 54 percent name George W. Bush as the worst president, followed by Richard Nixon at 20 percent, a 34-point differential. Had Democrats been able to agree more on their least-favorite president, Obama might not have come in first.
Indeed, if we add up the percentages for all the Democratic and Republican presidents on the list, 49 percent of respondents named a Republican commander-in-chief, while 47 percent named a Democratic one. (Among Independents, 50 percent named a Democrat, while 43 percent named a Republican, but this probably reflects the disproportionate number of disaffected Republicans who currently consider themselves Independent).
The bottom line is that Republican presidents offer a target-rich environment for ratings of the “worst.” And that shouldn’t be anything for them to brag about.
By: Ed Kilgore, Contributing Writer, Washington Monthly, Political Animal, July 3, 2014
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