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| Boehner Planning House Lawsuit Against Obama Executive Actions |
| 2014-06-25 |
| Speaker John A. Boehner, R-Ohio, told Republicans Tuesday he could have an announcement within days on whether the House will file a lawsuit against President Barack Obama, challenging the executive actions that have become the keystone of the administration. The lawsuit could set up a significant test of constitutional checks and balances, with the legislative branch suing the executive branch for ignoring its mandates, and the judiciary branch deciding the outcome. Boehner told the House Republican Conference during a closed-door meeting Tuesday morning that he has been consulting with legal scholars and plans to unveil his next steps this week or next, according to sources in the room. Boehner’s legal theory is based on work by Washington, D.C., attorney David Rivkin of Baker Hostetler LLP and Elizabeth Price Foley, a professor of law at Florida International University College of Law. Rivkin said in an interview that in addition to proving institutional injury, the House would have to prove that as an institution, it has authorized the lawsuit. A vote by the Bipartisan Legal Advisory Group would do so. The suit would also have to prove that no other private plaintiff has standing to challenge the particular suspension of executive action and that there are no other opportunities for meaningful political remedies by Congress, for instance by repeal of the underlying law. “Professor Foley and I feel that if those four conditions are met, the lawsuit would have an excellent chance to succeed. This is particularly the case because President Obama’s numerous suspensions of the law are inflicting damage on the horizontal separations of powers and undermine individual liberty,” Rivkin said. |
| Posted by:JohnQC |
| #6 I hope he does succeed - it would help reign in a lot of the executive bullshit that both Bush and Obama have done. |
| Posted by: OldSpook 2014-06-25 14:34 |
| #5 Maybe he smells whats cooking. Could be an attempt to make up for, at least face wise, hiring out democrats to help an establishment GOP win a primary. |
| Posted by: swksvolFF 2014-06-25 13:43 |
| #4 No one will serve jail time. What part of "The lawsuit could set up a significant test of constitutional checks and balances" did you miss? It's more like a constitutional version of laying the groundwork for establishing a RICO claim. And yes - 'planning' doesn't mean anything. More likely he's running up a flag and seeing if the establishment GOP will salute it. |
| Posted by: Pappy 2014-06-25 12:52 |
| #3 Well I'm planning on going on a serious diet and exercise regime.... ... someday! Doesn't mean sh*t. |
| Posted by: CrazyFool 2014-06-25 12:00 |
| #2 Planning? Just file the damned thing don't talk about planning. |
| Posted by: 3dc 2014-06-25 11:34 |
| #1 I sense some frustration and desperation on the part of Boehner. A civil suit would be equivalent to Goldman suing O.J. for his assets. O.J. was running and around and playing golf before he got really stupid in Nevada and thrown in the slammer for conviction in a criminal case. This case is at best meant to harass and annoy and wrest some control away from Harry Reid, Obama, and Holder. No one will serve jail time. |
| Posted by: JohnQC 2014-06-25 10:55 |