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applegrove

(118,606 posts)
Sun Jun 29, 2014, 09:45 PM Jun 2014

Boehner May Not Have the Ability to Sue Obama After All

Boehner May Not Have the Ability to Sue Obama After All

by 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, Obama’s 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 Boehner’s proposed suit “an outstanding move.” Conservative Rep. Steve King of Iowa added, “This is something that I’ve looked at and worked towards for a long time.”



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Boehner May Not Have the Ability to Sue Obama After All (Original Post) applegrove Jun 2014 OP
for "a long time"? Bullshit. It is a stunt and they got caught. applegrove Jun 2014 #1
Spot on madokie Jun 2014 #34
I hope not. It would be nothing but a waste of taxpayer money. Coventina Jun 2014 #2
I would like to sue Boehner for impersonating a legislator. Marie Marie Jun 2014 #11
+1! sheshe2 Jun 2014 #13
+1 C Moon Jun 2014 #20
Hell, let's sue Boehner for harming the country groundloop Jun 2014 #25
U Mad Orange Man? Sunlei Jun 2014 #27
+1 Liberalynn Jun 2014 #35
Um... when has this "congress" NOT hesitated to waste taxpayers' money? calimary Jun 2014 #28
Would this be one of those Junk Lawsuits Blue Idaho Jun 2014 #3
Standing will be a key issue in this litigaton Gothmog Jun 2014 #4
K&R.. I read this somewhere else and am really glad you're posting it here, apple! Cha Jun 2014 #5
Yeah, I don't see standing existing here treestar Jun 2014 #6
He's going to have to try it, anyway. winter is coming Jun 2014 #7
Ironically, the conservative activist narrowing of "standing" works against Boehner. nt msanthrope Jun 2014 #8
Orly Taitz is available for consultations. BootinUp Jun 2014 #9
Maybe he can schedule a dental appointment at the same time davidpdx Jun 2014 #15
And how much AC_Mem Jun 2014 #10
this meme that President Obama is 'lawless' is utter bullshit. spanone Jun 2014 #12
FUGOP! sheshe2 Jun 2014 #14
Standing is the issue that has pissed off th Birthers for six years now. MohRokTah Jun 2014 #16
His Bartender may sue him for not paying his bartab. SummerSnow Jun 2014 #17
Malicious abuse of process The Wizard Jun 2014 #18
''If he just wasn't so mean to me I wouldn't have to sue him!'' DeSwiss Jun 2014 #19
The GOP's brainstorming is 'yawn' getting old. C Moon Jun 2014 #21
Welcome to DU, C Moon! calimary Jun 2014 #29
remember the hypocracy when these repug assholes complain about so called frivilous samsingh Jun 2014 #22
Boner saw what happened to Cantor libodem Jun 2014 #23
Oh, yeah libodem Jun 2014 #24
Boehner does not have standing to sue Gothmog Jun 2014 #26
So what? He'll probably go ahead and try it anyway. calimary Jun 2014 #30
Liberal Law Professor Jonathan Turley Thinks Congress... Liberal Law Professor Jonathan Turley amandabeech Jun 2014 #31
Says a fucking truck driver Bartlet Jun 2014 #32
Boehner's intellect is no better than that of a 'sovereign citizen'. randome Jun 2014 #33
We are assuming the SC will follow rule of law and with the Puke wing-nut branch in Liberalynn Jun 2014 #36
A Copy of this has been sent to John Boehner and Mitch McConnell: midgebaker Jul 2014 #37
done and done libodem Jul 2014 #38

Coventina

(27,100 posts)
2. I hope not. It would be nothing but a waste of taxpayer money.
Sun Jun 29, 2014, 09:48 PM
Jun 2014

And a waste of time when the Speaker should be DOING HIS JOB!!!!

Marie Marie

(9,999 posts)
11. I would like to sue Boehner for impersonating a legislator.
Sun Jun 29, 2014, 10:25 PM
Jun 2014

Him and his whole damn party of obstructionists in this Do-Nothing Congress.

calimary

(81,209 posts)
28. Um... when has this "congress" NOT hesitated to waste taxpayers' money?
Mon Jun 30, 2014, 03:56 PM
Jun 2014

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!!!!

Cha

(297,126 posts)
5. K&R.. I read this somewhere else and am really glad you're posting it here, apple!
Sun Jun 29, 2014, 09:53 PM
Jun 2014

they have to prove President Obama is doing "real harm" to the country.

#SoSueMe

http://sync.democraticunderground.com/10025165076

treestar

(82,383 posts)
6. Yeah, I don't see standing existing here
Sun Jun 29, 2014, 09:56 PM
Jun 2014

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)
7. He's going to have to try it, anyway.
Sun Jun 29, 2014, 09:56 PM
Jun 2014


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.

davidpdx

(22,000 posts)
15. Maybe he can schedule a dental appointment at the same time
Sun Jun 29, 2014, 11:52 PM
Jun 2014

If he can empty his mouth of whiskey for more than a minute.

AC_Mem

(1,979 posts)
10. And how much
Sun Jun 29, 2014, 10:20 PM
Jun 2014

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

 

MohRokTah

(15,429 posts)
16. Standing is the issue that has pissed off th Birthers for six years now.
Sun Jun 29, 2014, 11:55 PM
Jun 2014

No birther who has brought suit against Obama over his birth certificate has been able to demonstrate standing either.

The Wizard

(12,541 posts)
18. Malicious abuse of process
Mon Jun 30, 2014, 12:20 AM
Jun 2014

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)
19. ''If he just wasn't so mean to me I wouldn't have to sue him!''
Mon Jun 30, 2014, 12:34 AM
Jun 2014
''And after I sent him the case of Pinot Noir too!''

- 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)
21. The GOP's brainstorming is 'yawn' getting old.
Mon Jun 30, 2014, 12:45 AM
Jun 2014

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)
29. Welcome to DU, C Moon!
Mon Jun 30, 2014, 04:05 PM
Jun 2014

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)
22. remember the hypocracy when these repug assholes complain about so called frivilous
Mon Jun 30, 2014, 12:55 PM
Jun 2014

law suits from real victims.

more repug hypocracy and anti-Americanism.

Gothmog

(145,119 posts)
26. Boehner does not have standing to sue
Mon Jun 30, 2014, 01:46 PM
Jun 2014

Standing is a very important concept and Boehner does not have standing

calimary

(81,209 posts)
30. So what? He'll probably go ahead and try it anyway.
Mon Jun 30, 2014, 04:08 PM
Jun 2014

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)
31. Liberal Law Professor Jonathan Turley Thinks Congress... Liberal Law Professor Jonathan Turley
Mon Jun 30, 2014, 04:11 PM
Jun 2014

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 it’s a high one. But it’s not necessarily insurmountable,” Turley explained. “The court has never truly closed the door on what’s called ‘legislative standing,’ particularly if it’s 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)
32. Says a fucking truck driver
Mon Jun 30, 2014, 06:42 PM
Jun 2014

"Conservative Rep. Steve King of Iowa added, “This is something that I’ve 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)
33. Boehner's intellect is no better than that of a 'sovereign citizen'.
Mon Jun 30, 2014, 06:46 PM
Jun 2014

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)
36. We are assuming the SC will follow rule of law and with the Puke wing-nut branch in
Mon Jun 30, 2014, 09:35 PM
Jun 2014

the majority that's not a given any more.

Have to say this court is one of the worst ever.

midgebaker

(1 post)
37. A Copy of this has been sent to John Boehner and Mitch McConnell:
Sat Jul 12, 2014, 01:53 PM
Jul 2014

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)
38. done and done
Sun Jul 13, 2014, 12:15 AM
Jul 2014

You should start your own op in here or Politics2014.
You could get more exposure. These send an important message. I like it.

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