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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsBoehner May Not Have the Ability to Sue Obama After All
Boehner May Not Have the Ability to Sue Obama After Allby Ben Jacobs and Tim Mak at the Daily Beast
http://www.thedailybeast.com/articles/2014/06/26/boehner-may-not-have-the-ability-to-sue-obama-after-all.html
"SNIP.....................
John Boehner is ready to sue President Obama, but the House speaker may not be able to make it through the courthouse doors.
Boehner announced Wednesday that he would sue the president for his failure to faithfully execute the laws of this country. In the opinion of the speaker, according to a memo he circulated, Obamas reliance on executive orders meant that he was acting with king-like authority at the expense of the American people and their elected legislators. As a result, Boehner said, he planned to sue the president over executive orders to be named later under the aegis of a resolution passed by the House of Representatives.
But Boehner may not be able to do so. According to Erwin Chemerinsky, the dean of the University of California, Irvine Law School, the speaker of the House does not have the ability to sue the president in this situation, even if Congress says he does. Chemerinsky says standing, the doctrine that allows a person to file a lawsuit in federal court by demonstrating that real harm has been caused to them, is defined by the Constitution. As a result, even if Congress passes a law, or in this case a resolution, which only requires approval by the House, it will not be binding on federal courts, as the Constitution trumps any law, let alone a resolution, and does not give members of Congress the ability to sue if they cannot prove real harm.
Michael Steel, a spokesman for Boehner, said there were no issues with standing. Other Republican representatives echoed that position, including Rep. Charles Boustany of Louisiana, who called Boehners proposed suit an outstanding move. Conservative Rep. Steve King of Iowa added, This is something that Ive looked at and worked towards for a long time.
.......................SNIP"
applegrove
(118,606 posts)madokie
(51,076 posts)Coventina
(27,100 posts)And a waste of time when the Speaker should be DOING HIS JOB!!!!
Marie Marie
(9,999 posts)Him and his whole damn party of obstructionists in this Do-Nothing Congress.
groundloop
(11,518 posts)Sunlei
(22,651 posts)Liberalynn
(7,549 posts)calimary
(81,209 posts)Every minute they're "at work" is a waste of taxpayers' money because they do "go to work," at least physically, and then make sure NOTHING, NOT A DAMN THING, actually gets done.
Their very existence is a waste of taxpayers' money!!!!
Blue Idaho
(5,048 posts)Crossroads GPS keeps droning on about?
Gothmog
(145,119 posts)this case will be fun to watch
Cha
(297,126 posts)they have to prove President Obama is doing "real harm" to the country.
#SoSueMe
http://sync.democraticunderground.com/10025165076
treestar
(82,383 posts)There is no particular harm to Boehner himself. He would have to find another plaintiff. And they would have to have a specific complaint. And harm to themselves.
winter is coming
(11,785 posts)My guess is that he'll get slapped down by a court and then claim that an "activist" judge has overstepped the boundaries... and then we'll find out the judge in question was appointed by a Republican.
msanthrope
(37,549 posts)BootinUp
(47,139 posts)davidpdx
(22,000 posts)If he can empty his mouth of whiskey for more than a minute.
AC_Mem
(1,979 posts)tax payer dollars are being wasted on this GOP foolishness?
They need to be called out HARD on this when it backfires in their faces, and it will.
I'm so so sick of the GOP and I hope to God that people WAKE UP in 2014 and 2016.
vote vote vote vote vote vote get out and vote vote vote vote
annette
spanone
(135,816 posts)boehner is as evil as cruz
sheshe2
(83,730 posts)MohRokTah
(15,429 posts)No birther who has brought suit against Obama over his birth certificate has been able to demonstrate standing either.
SummerSnow
(12,608 posts)The Wizard
(12,541 posts)Boner and all who went along with this charade should be prosecuted and sued for damages. They mistakenly believe they were elected to destroy the presidency. They went off the deep end a while back. Many of them have too many oars in the water while playing with too many cards in the deck.
DeSwiss
(27,137 posts)- I think he's being threatened by TeaBaggers with being primaried. They probably told him: ''Throw yourself onto the wheels of the Constitution Johnny Boy! We'll get The Usurper yet!!!''
K&R
C Moon
(12,212 posts)We're onto their high jinx, but they just keep trying.
They need new ideas, but are probably too stubborn to admit it.
calimary
(81,209 posts)Glad you're here! Only one problem - I sincerely doubt most of our reps really ARE onto their hijinks. I think most of ours has this candy-coated belief that the other side CAN be brought to the table, IS capable of listening to reason, IS willing to play fair.
And they could NOT be more wrong. Our side is still naive as can be. The next time I hear some moon-faced Democrat carrying on about - "the American People will KNOW!" or "the American People will SEE!" All I can do is laugh hysterically! They WON'T know OR see! They'll believe what they're told in the propaganda department and swallow it whole. Or they'll fall back on the ol' "meh, both sides are alike!" or "meh, it won't make any difference," or "meh, there's no difference between the two parties so what's the use." So they don't vote. Or they cave and capitulate and try somehow to meet the other side halfway. Which is an exercise in futility if you ask me, because the other side doesn't want to meet OUR side halfway. They're not interested. It's their way or the highway, even when they haven't won the election! They're firmly in the minority nationwide, according to every poll on every issue, but they still manage to impose their narrow, backward view on the rest of us in the majority. What they're doing these days, in Washington, is nothing less than voter nullification, since they failed to win the White House twice in the last two tries.
They never give up, and unfortunately, our side usually does. Even a casual glance through the history of women's rights will prove that's true. We are the ones who lose that sense of fire in the belly. We are the ones who think you have to give 'em some of what they want. When we need to be the ones who say - "all we're gonna give YOU assholes is a nice big proverbial 2x4 across the teeth. WE won, YOU lost, GROW UP AND GET OVER IT."
Just imagine - if it were the other way around - wouldn't THEY be doing exactly that to us?
samsingh
(17,595 posts)law suits from real victims.
more repug hypocracy and anti-Americanism.
libodem
(19,288 posts)He's crying in his beer.
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libodem
(19,288 posts)This:
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Gothmog
(145,119 posts)Standing is a very important concept and Boehner does not have standing
calimary
(81,209 posts)This bunch never let any such arguments stop them. You really think this "standing" business will? I remember back when Roe v Wade was settled law. A done deal. War's over. We won. End of story. And look how THAT turned out.
amandabeech
(9,893 posts)Thinks Congress Could Win Its New Lawsuit Against Obama
://dailycaller.com/2014/06/25/liberal-law-professor-jonathan-turley-thinks-congress-could-win-their-new-lawsuit-against-obama/
In an interview with Steve Kornacki of NBC, Turley said, So the first hurdle is going to be that standing issue, and its a high one. But its not necessarily insurmountable, Turley explained. The court has never truly closed the door on whats called legislative standing, particularly if its based on the institution if the House of Representatives empowers the group that litigates this case.
Put simply, Turley believes that a court may actually allow a challenge to a U.S. president as part of a legitimate showdown between the executive and legislative branches of the United States government.
There is some sort of bi-partisan litigation committee that could be charged with handling the case by a House resolution. I've seen a couple of commentators who have written that Boehner himself couldn't sue, but essentially the House of Representatives might be able to obtain standing in a separation of powers case against the Executive. With the conservatives on the Supreme Court, and I think that they will stay there through the Obama administration, I don't think that the President can be sure that this putative case will not be heard. I've also read that the changes made by the President as to the deadlines in the ACA and to the distribution of subsidies to non-state-run exchanges will be prominent features of the Republican complaint.
I'm not advocating for Boehner here, just suggesting that there may be a way for the case to be heard.
Bartlet
(172 posts)"Conservative Rep. Steve King of Iowa added, This is something that Ive looked at and worked towards for a long time.
This douche hasn't go the legal understand a mollusk, he was a truck driver and right wing tool before being elected to right wing tool. His opinion is very nearly as valid as the deuce I dropped this morning.
randome
(34,845 posts)In other words: he is still a loser.
[hr][font color="blue"][center]A ton of bricks, a ton of feathers, it's still gonna hurt.[/center][/font][hr]
Liberalynn
(7,549 posts)the majority that's not a given any more.
Have to say this court is one of the worst ever.
midgebaker
(1 post)Don't Make Us Do This:
Rule 23. Class Actions
http://www.law.cornell.edu/rules/frcp/rule_23
The People of the United States v. John Boehner, Mitch McConnell, Darrel Issa, the House and Senate Republicans, etal
Harm to plaintiffs:
Waste of our tax dollars on endless obstruction, multiple frivolous committee investigations, shutting down the government, frivolous legislation attempting to repeal standing law -- to whit, 50+ attempts to repeal ACA and women's right to abortions, failure to enact laws regarding jobs, minimum wage, infrastructure repairs etc., resulting in economic harm to the People.
We certainly have "standing," and if I read Rule 23 correctly, it wouldn't take very many of us to bring the suit.
There's also petitions at Change.org [mine]
http://www.change.org/petitions/the-republican-leaders-in-congress-don-t-make-us-do-this
and at "We the People"
https://petitions.whitehouse.gov/petition/file-charges-sedition-and-dereliction-duty-against-congress-united-states-america/jcMKSf2F
If you agree with these gestures of our outrage, please sign. Thanks
libodem
(19,288 posts)You should start your own op in here or Politics2014.
You could get more exposure. These send an important message. I like it.