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View Diary: House votes to sue Obama for doing a thing they wanted to have happen (66 comments)

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  •  In more than two years? That case could easily... (0+ / 0-)

    ... get to SCOTUS in time to be argued in early 2016. That would put it on the calendar to be decided by June of election year.

    This is a simple case, actually, and probably will be decided on the pleadings, there being no popcorn franchise available in that courthouse. If it's filed in DC, it's highly like to move along.

    2014 is HERE. Build up the Senate. Win back the House : 17 seats. Plus!

    by TRPChicago on Thu Jul 31, 2014 at 08:56:52 AM PDT

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    •  I Sure Hope Harry Reid Throws A Brief In The Pile (1+ / 0-)
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      explaining how the Senate doesn't agree with the House that the POTUS did anything wrong and that Boehner's House doesn't actually represent the divided position of the "Legislative Branch."

      It'd at least be a civics lesson for all the reporters and pundits claiming "Congress" or the "Legislative Branch" is suing the president.

      •  waste of time and money (2+ / 0-)
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        MinervainNH, august88

        One can assume that Federal judges read the newspaper, as well as the file, and know perfectly well that this is the GOP caucus (and not even all of them) of one part of one branch of government.

        If I were Harry Reid (or Nancy Pelosi), I would stay out of it, say "no comment," and be very busy doing actual governing stuff while the House GOP prances around doing political theater.

      •  If Reid did, it might suggest more strongly... (0+ / 0-)

        ... that the true remedy would be impeachment.

        In any event, Beohner's lawsuit can only be on behalf of the House of Representatives.

        2014 is HERE. Build up the Senate. Win back the House : 17 seats. Plus!

        by TRPChicago on Thu Jul 31, 2014 at 09:22:02 AM PDT

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        •  The Constitution already provides remedies (2+ / 0-)
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          mmacdDE, TRPChicago

          The first, and most logical, is that congress can pass legislation to constrain the executive power to create regulations, etc. There are several problems, the first being it is extremely difficult to legislate for every possible scenario - what usually happens conflicting statutes are created that muddy the waters even further. The major hurdle to this approach is that it must be passed by both houses and signed by the president, or his veto must be overridden. That's tough even when the opposing party holds both houses.

          The second is congress could withhold the funding for the program, or at least the provisions that the executive is "abusing."

          The third option is impeachment.

          I don't see a court, even this supreme court, stepping in to mediate a dispute when the constitution already provides the measures congress has at its disposal to tackle the problem. The founding fathers considered such disputes and they set the bar high ... the executive's actions must be so egregious that a veto could be sustained or for impeachment to be successful.

          Aside from that major obstacle, the court must first rule that congress has standing before the merits of the issue can be examined.

          Alcohol preserves everything ... except secrets.

          by august88 on Thu Jul 31, 2014 at 11:18:41 AM PDT

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          •  I completely agree. (0+ / 0-)

            Standing is the threshold question, literally. And the House doesn't have it.

            There are, of course, many other ways to address its gripe with this President, but this House (packed with 60-80 naive, ideologically bound, anti-government elected officials) is powerless to do anything but call for impeachment, and it needs the Senate, anomalously, even to impeach successfully. Oh, yes, there's a lawsuit; at least, that is something. Isn't it? Huh?

            I'm amazed Boehner, with all the solid, sensible pro-GOP legal advice available to him, got himself into this laughable lawsuit. He must have been desperate - politically - to do something short of impeachment to show his House Republicans he was doing something!

            2014 is HERE. Build up the Senate. Win back the House : 17 seats. Plus!

            by TRPChicago on Thu Jul 31, 2014 at 11:43:58 AM PDT

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    •  Boehner is suing over the delay for the employe... (1+ / 0-)
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      Boehner is suing over the delay for the employer mandate. That delay ends next year so they really have one year to get this to court.

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