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House Speaker John Boehner's lawsuit against President Barack Obama will focus on Obama's 2013 decision to unilaterally delay implementation of the so-called employer mandate of the Affordable Care Act. THE VERY THING THAT THE GOP WANTED OBAMA TO DO!

The mandate's "burden" on employers had been the focus of much GOP effort and they had called on him to delay implementation. AND THEN HE DID. Damn him! So now they are trying their old trick- strike at something at the heart of ACA.

Note: The House has refused to consider any fixes to the law- something this is done in every piece of major legislation. It was repeal the whole thing or nothing. Obama did a work around.....

Was Obama withing his authority to make this decision without Congress? Constitutional scholar Simon Lazarus argued that such concerns about the legality of the administration's decisions were overblown and ahistorical:"In fact, applicable judicial precedent places such timing adjustments well within the Executive Branch's lawful discretion... Nor is the one-year delay of the employer mandate an affront to the Constitution, as Professor Michael McConnell and Congressional Republicans insist... Rather, the President has authorized a minor temporary course correction regarding individual ACA provisions, necessary in his Administration's judgment to faithfully execute the overall statute, other related laws, and the purposes of the ACA's framers. As a legal as well as a practical matter, that's well within his job description."
http://www.theatlantic.com/...

Boehner's office released a draft document on Thursday of the resolution set to be filed in the House of Representatives, which would authorize the chamber to take legal action against the president. The decision to use the ACA as the fulcrum for their suit is likely undertood by them as the best change of being recognized as having "standing" in court to bring such a suit.

The House Rules Committee will take it up next week.

Boehner's press release says: "In 2013, the president changed the health care law without a vote of Congress, effectively creating his own law by literally waiving the employer mandate and the penalties for failing to comply with it. That’s not the way our system of government was designed to work. No president should have the power to make laws on his or her own."

He wrote in a CNN.com op-ed on Sunday that the House could target a number of specific executive actions as fodder for its lawsuit, including Obama's actions with regard to the Affordable Care Act, energy regulations, foreign policy, and education.

The White House and the president himself have jokingly dismissed the lawsuit. Most notably, Obama taunted House Republicans during a speech last week in which he pressed them to find a solution to replenish the Highway Trust Fund. This week Obama has laid down the need to act on immigration, on unemployment funding, on the minimum wage and a dozen other initiatives stalled in the House (when many would pass in an open floor vote).

"I told him, 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. 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." Obama said of Boehner.

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Comment Preferences

  •  Tip Jar (25+ / 0-)

    "It is better to light one candle than curse the darkness." (Adlai Stevenson in praise of Eleanor Roosevelt) (Glowing Candle Avatar Adopted in 1986)

    by murphthesurf3 on Thu Jul 10, 2014 at 03:04:18 PM PDT

  •  Can we make this a class action lawsuit and (10+ / 0-)

    sue the House Republicans for breach of Contract?

    Or perhaps Obama could counter-sue the House for malfeasance. Probably ought to name the conservative SC justices, also.

    Notice: This Comment © 2014 ROGNM UID 2547

    by ROGNM on Thu Jul 10, 2014 at 03:12:33 PM PDT

    •  yES (2+ / 0-)
      Recommended by:
      jennyp, wader

      Please.  This is what the majority of voters who elected the president twice, and the republican congress, should do.  High media recognition, so people know whAt these jokers are up to.  And please let this president know we have his back. Sure not everyone is happy with him but what is the direction you want to go?

      •  How does anyone know what these jokers are up to?" (6+ / 0-)

        They themselves don't know. Most conservatives hearing "lawsuit" will think this is BENGHAZI! Or about the President's Muslim jihad training from that Chicago minister. Or his Kenyan birth certificate.

        ...land deal in Arkansas, Vince Foster murder, dealing drugs from the basement of the White House...

        Sunday mornings are more beautiful without Meet the Press.

        by deben on Thu Jul 10, 2014 at 04:34:35 PM PDT

        [ Parent ]

        •  And they will let anyone in their bases think it (3+ / 0-)
          Recommended by:
          PeteZerria, Mopshell, eviemarie

          is about whatever they want to think it is about...they will appeal to whatever person, whatever crowd, whatever cause of the moment will get them kudos, cheers, applause, VOTES and MONEY!

          "It is better to light one candle than curse the darkness." (Adlai Stevenson in praise of Eleanor Roosevelt) (Glowing Candle Avatar Adopted in 1986)

          by murphthesurf3 on Thu Jul 10, 2014 at 05:04:49 PM PDT

          [ Parent ]

          •  Ah, but the President is taking the initiative (2+ / 0-)
            Recommended by:
            eviemarie, murphthesurf3

            this time - he's way ahead of them. He's in the public eye (and the media can't pass up those opps), he's talking about the lawsuit and he's energizing his voters to get them to the ballot box in November. He's the most effective campaigner in the whole party and he's using his skills to get this done.

            Please note that lamps in the Magic Lamp Emporium are on a genie time-share program so there may be a slight delay in wish fulfillment. (◕‿◕)

            by Mopshell on Fri Jul 11, 2014 at 03:35:15 AM PDT

            [ Parent ]

            •  I agree and your comment (and my agreement) (1+ / 0-)
              Recommended by:
              Mopshell

              sadly apply ONLY to those who are actually paying attention and are accessing balanced news sources. The coverage of the President at right wing media spots is spinning your narrative as more unconstitutional bluster by a dictator.

              Obama is now doing what they have been doing...talking to his base and to those who are not committed to either side. It is a smart move.

              He is a great campaigner and, I suggest, a very accomplihed leader. When Bush came up against Democratic opposition in his last two years in office he withdrew. Carter did the same. Obama has faced a level of opposition that is historic and he has managed to continuing governing throughout it all.

              "It is better to light one candle than curse the darkness." (Adlai Stevenson in praise of Eleanor Roosevelt) (Glowing Candle Avatar Adopted in 1986)

              by murphthesurf3 on Fri Jul 11, 2014 at 06:27:39 AM PDT

              [ Parent ]

    •  ROGNM - the public has the same problem as the (1+ / 0-)
      Recommended by:
      Mopshell

      Speaker, we have no standing to sue.

      "let's talk about that" uid 92953

      by VClib on Thu Jul 10, 2014 at 06:45:17 PM PDT

      [ Parent ]

    •  Not possible and not necessary (1+ / 0-)
      Recommended by:
      OleHippieChick

      The President is doing a brilliant job of countering this on the stump. He's traveling, he's talking, he's energizing Democrats to get to the ballot box and vote!

      Please note that lamps in the Magic Lamp Emporium are on a genie time-share program so there may be a slight delay in wish fulfillment. (◕‿◕)

      by Mopshell on Fri Jul 11, 2014 at 03:31:14 AM PDT

      [ Parent ]

  •  Who is making the video montage...? (8+ / 0-)

    Of Boehner and other House GOP leaders demanding that the President delay Obamacare?

    "You want it to be one way. But its the other way." - Marlo Stansfield

    by bertrand on Thu Jul 10, 2014 at 03:19:14 PM PDT

  •  This man needs rehab. Way to much booze over (4+ / 0-)
    Recommended by:
    cdub24, jennyp, anon004, OleHippieChick

    time. Warped his brain.

    Many times I’ve returned. Never was I the same in any of my guises. I feel inside, my times before, with no memories of each journey. My soul’s shadows haunt all the paths it has traveled.

    by Wendys Wink on Thu Jul 10, 2014 at 03:28:09 PM PDT

  •  Boehner knows nothing (5+ / 0-)

    Boehner is a stooge. He can't think this stuff up by himself. Fer gosh sakes ridicule him at every opportunity.  He's ready to burst.

    •  His only motive- to keep the gavel.... (1+ / 0-)
      Recommended by:
      OleHippieChick

      the nation be damned. To keep the gavel he must keep the TP happy and that means he must act irrationally.

      "It is better to light one candle than curse the darkness." (Adlai Stevenson in praise of Eleanor Roosevelt) (Glowing Candle Avatar Adopted in 1986)

      by murphthesurf3 on Thu Jul 10, 2014 at 03:57:33 PM PDT

      [ Parent ]

  •  Said it before but it's worth repeating (9+ / 0-)

    They're pissed that the Prez took a talking point away form them.

    They wanted to be able to point at how this mandate would have inconvenienced a lot of employers if implemented on time and that mean old President Obama took that opportunity away from them.

  •  Apologize (6+ / 0-)

    Obama should apologize for limiting Obamacare then promise to never do it again and then move the November open enrollment period up to tomorrow.

  •  ? Isn't the delayed employer mandate taking effect (2+ / 0-)
    Recommended by:
    jasan, OooSillyMe

    this January? Even if expedited in court and appeals how could there be a resolution before 2015?

  •  Gwhahahahahahaha (5+ / 0-)

    funny stuff from the funny farm.  Worse part is I bet my wife 20 friggin bucks that it would be about immigration.  Now I have to be as big of a looser as Boehner.  Oh well, it will be worth it to see this hit the fan.  Lets see the republicans rally around this steaming pile of

    •  I suspect that you might have been on the mark (1+ / 0-)
      Recommended by:
      Mopshell

      a few weeks ago but the border crisis with women and children as the center piece pushed that off the table and the backup plan was this one.

      "It is better to light one candle than curse the darkness." (Adlai Stevenson in praise of Eleanor Roosevelt) (Glowing Candle Avatar Adopted in 1986)

      by murphthesurf3 on Thu Jul 10, 2014 at 06:23:34 PM PDT

      [ Parent ]

  •  I seriously doubt that the Tan Man... (0+ / 0-)

    ...can hoodwink a small-claims court, let alone any federal court, with his farce.  I wouldn't be surprised if one or more justices laugh him right out of the Supreme Court, if it even makes it that far.

  •  Nothing new. They were for it, then Obama was for (3+ / 0-)
    Recommended by:
    snapples, Mopshell, OleHippieChick

    it, so they immediately were against it and anyone who says anything different is a commie pinko.

    •  The House even voted to delay! (2+ / 0-)
      Recommended by:
      OleHippieChick, canoebum

      I just found this, dated July 18, 2013:

      The Authority for Mandate Delay Act, H.R. 2667, which would codify the administration's plans to delay implementation of the employer mandate until 2015, was approved on a 264-161 vote.

      Please note that lamps in the Magic Lamp Emporium are on a genie time-share program so there may be a slight delay in wish fulfillment. (◕‿◕)

      by Mopshell on Fri Jul 11, 2014 at 04:00:14 AM PDT

      [ Parent ]

      •  But that was THEIR bill....Obama acted (1+ / 0-)
        Recommended by:
        Mopshell

        without that Bill and a Senate vote......GOP Rep. Griffin introduced it on July 11, nine days after the WH announcement. It passed the House on July 17 but never taken up in the Senate since it would have been seen as a rebuke by the Dems of Obama's unilateral action..

        Bottom line- the GOP bill demonstrates that they did not object to the subject of the Executive action but to the right of the President to do it lacking Congressional pre-approval.

        "It is better to light one candle than curse the darkness." (Adlai Stevenson in praise of Eleanor Roosevelt) (Glowing Candle Avatar Adopted in 1986)

        by murphthesurf3 on Fri Jul 11, 2014 at 06:38:07 AM PDT

        [ Parent ]

        •  Ah, but the point is (0+ / 0-)

          they passed that bill with a huge majority after Obama announced the delay which means they were not only agreeing with the President's decision, they were effectively ratifying it.

          Also, given that the lawsuit is confined to the House and not Congress as a whole, then what happened regarding that bill in the Senate does not pertain to the lawsuit.

          Please note that lamps in the Magic Lamp Emporium are on a genie time-share program so there may be a slight delay in wish fulfillment. (◕‿◕)

          by Mopshell on Fri Jul 11, 2014 at 12:46:25 PM PDT

          [ Parent ]

          •  not the way our system works (1+ / 0-)
            Recommended by:
            Mopshell

            the House bill was meant to be, and they said it was, a slap on the President's wrist for failing to abide by the rules of procedure (as they interpreted them)......since it was not taken up the Senate it remains a bill awaiting its action until this Congress closes.

            "It is better to light one candle than curse the darkness." (Adlai Stevenson in praise of Eleanor Roosevelt) (Glowing Candle Avatar Adopted in 1986)

            by murphthesurf3 on Fri Jul 11, 2014 at 01:01:33 PM PDT

            [ Parent ]

            •  So if the Senate did take it up (0+ / 0-)

              and passed it, would that make a difference?

              Please note that lamps in the Magic Lamp Emporium are on a genie time-share program so there may be a slight delay in wish fulfillment. (◕‿◕)

              by Mopshell on Sat Jul 12, 2014 at 02:03:56 AM PDT

              [ Parent ]

              •  yes, from the House's POV (0+ / 0-)

                it would have made the delay "legal"....so why not do it?

                a) it would send the message that President did not have the authority to make such a move on his own- which Reid and the Dems did not to do- and...

                b) The House bill contained a number of secondary effects which would have weakened the law and were seen by the Dems as a mechanism for more generally undermining the program.

                This article provides an interesting comparison between Medicare D and ACA.....and really undermines the GOP argument that Obama was acting in an entirely surprising and unacceptable manner....http://www.huffingtonpost.com/...

                "It is better to light one candle than curse the darkness." (Adlai Stevenson in praise of Eleanor Roosevelt) (Glowing Candle Avatar Adopted in 1986)

                by murphthesurf3 on Sat Jul 12, 2014 at 04:45:16 AM PDT

                [ Parent ]

                •  I'm finding this all very confusing (0+ / 0-)

                  None of what the House Republicans are doing makes any sense to me.

                  It seems they are trying this case on a technicality, not because they didn't want the delay; not because they didn't vote for the delay, but because... because... of a technicality in timing? This is their "legal" argument? This is how they plan to bring down the President of the United States? Are 4-year-olds running the House? Because from outside the US, that's exactly what it looks like.

                  One other question: is everyone expecting this proposal to sue POTUS to go to the Senate when it's passed by the House?

                  Please note that lamps in the Magic Lamp Emporium are on a genie time-share program so there may be a slight delay in wish fulfillment. (◕‿◕)

                  by Mopshell on Sat Jul 12, 2014 at 03:33:50 PM PDT

                  [ Parent ]

                  •  The technicality may be all their legal counsel (1+ / 0-)
                    Recommended by:
                    Mopshell

                    says they have- certainly the triviality of it, precedent, and their own goals  make it look foolish.

                    No, it does not need to go to the Senate since the resolution is a House action.

                    "It is better to light one candle than curse the darkness." (Adlai Stevenson in praise of Eleanor Roosevelt) (Glowing Candle Avatar Adopted in 1986)

                    by murphthesurf3 on Mon Jul 14, 2014 at 12:13:53 PM PDT

                    [ Parent ]

                    •  I wonder if they hope to get it in front of (0+ / 0-)

                      SCOTUS by October? They're certainly moving faster on this than anything else they've done in the last four years.

                      Please note that lamps in the Magic Lamp Emporium are on a genie time-share program so there may be a slight delay in wish fulfillment. (◕‿◕)

                      by Mopshell on Mon Jul 14, 2014 at 06:29:16 PM PDT

                      [ Parent ]

                      •  Doubtful given the number of steps that will be (1+ / 0-)
                        Recommended by:
                        Mopshell

                        needed UNLESS they appeal for an emergency hearing in which case they could get a stay- not likely since they are suing over something long done....

                        "It is better to light one candle than curse the darkness." (Adlai Stevenson in praise of Eleanor Roosevelt) (Glowing Candle Avatar Adopted in 1986)

                        by murphthesurf3 on Tue Jul 15, 2014 at 04:52:46 PM PDT

                        [ Parent ]

                        •  Maybe they'll figure that just voting (0+ / 0-)

                          on the resolution will be enough for their base - and, of course, they can blame the slowness of the process following that on "delays perpetrated by the Obama Administration for political reasons". ::sigh::

                          Please note that lamps in the Magic Lamp Emporium are on a genie time-share program so there may be a slight delay in wish fulfillment. (◕‿◕)

                          by Mopshell on Wed Jul 16, 2014 at 05:50:47 PM PDT

                          [ Parent ]

                          •  This IS, I think, Boehner's strategy (1+ / 0-)
                            Recommended by:
                            Mopshell

                            but so far rather than tamping down the flames, he appears to have added kerosene to it.

                            "It is better to light one candle than curse the darkness." (Adlai Stevenson in praise of Eleanor Roosevelt) (Glowing Candle Avatar Adopted in 1986)

                            by murphthesurf3 on Thu Jul 17, 2014 at 05:49:01 AM PDT

                            [ Parent ]

                          •  That was always going to be the case! (0+ / 0-)

                            I think Boehner was hoping that this lawsuit was the lesser of two evils (the other being impeachment) and it's going to backfire on him badly. Their rabid base want impeachment which they won't get and Democrats are waking up to this insult to the President. It ain't pretty for the Republicans.

                            Please note that lamps in the Magic Lamp Emporium are on a genie time-share program so there may be a slight delay in wish fulfillment. (◕‿◕)

                            by Mopshell on Fri Jul 18, 2014 at 01:01:41 AM PDT

                            [ Parent ]

                          •  Boehner is just hoping he can make it to end of (1+ / 0-)
                            Recommended by:
                            Mopshell

                            his speakership with his hide intact....how selfish - service to the public? forget about that!

                            "It is better to light one candle than curse the darkness." (Adlai Stevenson in praise of Eleanor Roosevelt) (Glowing Candle Avatar Adopted in 1986)

                            by murphthesurf3 on Sat Jul 19, 2014 at 02:20:16 PM PDT

                            [ Parent ]

    •  That is true but not their objection (0+ / 0-)

      The Authority for Mandate Delay Act, H.R. 2667, which would codify the administration's plans to delay implementation of the employer mandate until 2015, was approved on a 264-161 vote

      But that was THEIR bill....Obama acted without that Bill and a Senate vote......GOP Rep. Griffin introduced it on July 11, nine days after the WH announcement. It passed the House on July 17 but never taken up in the Senate since it would have been seen as a rebuke by the Dems of Obama's unilateral action..

      Bottom line- the GOP bill demonstrates that they did not object to the subject of the Executive action but to the right of the President to do it lacking Congressional pre-approval.

      "It is better to light one candle than curse the darkness." (Adlai Stevenson in praise of Eleanor Roosevelt) (Glowing Candle Avatar Adopted in 1986)

      by murphthesurf3 on Fri Jul 11, 2014 at 06:39:25 AM PDT

      [ Parent ]

  •  They Voted To Repeal Obamacare 52 Times.... (2+ / 0-)
    Recommended by:
    Mopshell, OleHippieChick

    All of a sudden, they want it to work as originally framed?

    Oh....the irony!

    •  Duck, bob, cover, dance; duck, bob, cover, dance (1+ / 0-)
      Recommended by:
      crystal eyes

      Like prize fighters who do not really have the talent to punch up, their only aim is to keep from being knocked out and to hope they can wear out the other guy.

      "It is better to light one candle than curse the darkness." (Adlai Stevenson in praise of Eleanor Roosevelt) (Glowing Candle Avatar Adopted in 1986)

      by murphthesurf3 on Fri Jul 11, 2014 at 06:32:18 AM PDT

      [ Parent ]

  •  When Republicans form a tight circle (2+ / 0-)
    Recommended by:
    Mopshell, OleHippieChick

    like this, each one's nose up the butt of the clown in front of him, it's easy to lose track of who originally organized the circle.

    This is what happens when an ignorant electorate sends GOP assholes to Congress, the stenographic press insists upon regularly interviewing them, and the cretins get the idea in their heads that continuing to behave like an asshole must be a good thing... 'cause, y'know, the press keeps asking them for their opinions.

    •  Plain spoken, and true.... (0+ / 0-)

      AND they do all of this in "The Bubble" sealed off from any info or experiences that might open them to a wider understanding.

      "It is better to light one candle than curse the darkness." (Adlai Stevenson in praise of Eleanor Roosevelt) (Glowing Candle Avatar Adopted in 1986)

      by murphthesurf3 on Fri Jul 11, 2014 at 06:30:29 AM PDT

      [ Parent ]

  •  The Smackdown will be Epic! (1+ / 0-)
    Recommended by:
    OleHippieChick

    I hope the Federal judge who gets this steaming pile of crap denounces Boehner and Co. in the starkest terms for filing a frivolous lawsuit, wasting everyone's time and a lot of taxpayer money. I want tears, dammit, tears!

    •  It is not the lower courts that worry me in this.. (0+ / 0-)

      Can we count on the SCOTUS to do what is right? Don't think so.

      "It is better to light one candle than curse the darkness." (Adlai Stevenson in praise of Eleanor Roosevelt) (Glowing Candle Avatar Adopted in 1986)

      by murphthesurf3 on Fri Jul 11, 2014 at 06:29:05 AM PDT

      [ Parent ]

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