Tag: Sue

Federal Judge Rules Speaker Boehner Can Sue President Asshat Over Obamacare

Judge Says Boehner Can Sue President Over Obamacare – Washington Examiner

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A federal judge ruled on Wednesday that House Speaker John Boehner’s lawsuit over the implementation of Obamacare can move forward, setting the stage for another high-stakes legal battle over President Obama’s signature legislative accomplishment.

Though the judge ruled that House leaders do have legal standing and thus can sue Obama, it wasn’t a complete victory for Republicans. Some legal experts questioned whether the ruling puts the court in the middle of a “political food fight.”

The lawsuit focused on whether President Obama improperly and unilaterally delayed implementation of the law’s employer mandate, and funneled payments to insurers for lowering co-pays for low-income people with insurance .

Federal Judge Rosemary Collyer decided that the House can sue over the cost-sharing payments but not the mandate delay.

The administration argued earlier this year that the House couldn’t sue over existing federal law.

But Collyer said that the ruling will “open no floodgates.” She wrote that the ruling is inherently limited to just this case.

Boehner cheered the ruling, saying that Obama made “unilateral” changes to Obamacare that overstepped the bounds of the presidency.

“The House will continue our effort to ensure the separation of powers to create or change the law,” he said in a statement.

The next step in the lawsuit is in flux right now. Technically the next step would be a hearing on the merits of the lawsuit, but the administration could appeal Collyer’s decision, said Timothy Jost, health law professor for Washington & Lee University and a leading academic proponent of Obama’s healthcare law.

Jost believed that the ruling was wrong as there is “ample precedence” that at least members of Congress can’t sue the president.

Nick Bagley, a University of Michigan law professor, said it’s not an “earth shattering surprise” that the court is allowing part of the lawsuit to go forward.

But the judge also opened a pathway to the part of the lawsuit that could be most damaging to the law, he said.

“Holding that the administration lacks the authority to cover the cost of those reductions would create a real mess on the ground,” Bagley said.

“It inserts the court into the middle of a political food fight,” he said.

Other experts believed it was the right call.

“Only Congress can appropriate funds for federal programs and so Congress faces a unique institutional injury when the executive branch decides to take that particular prerogative upon itself,” according to a blog post from Ilya Shapiro, a legal scholar for the libertarian think tank Cato Institute and an outspoken Obamacare critic.

“Obamacare implementation has been a seat-of-the-pants executive frolic from the get-go,” he added.

While it could have a lasting impact on the law, the lawsuit won’t gut Obamacare entirely.

Obamacare required insurers to reduce the cost of insurance for low income Americans in exchange for compensation from the federal government.

However, the lawsuit charged that Congress never appropriated the funding for the repayment program.

If the court eliminates cost sharing repayments then it could mean insurers raise premiums dramatically, Jost said.

Another option is the cost-sharing reduction funding gets rolled in to the annual appropriations spending bills to get funded by Congress.

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*VIDEO* House Republicans Vote To Sue President Asshat As Anti-American Democrats Side With Tyranny



……………………….Click on image above to watch video.

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At Least 35 House Members Set To Sue Obama For Executive Overreaching

At Least 35 House Members Set To Sue Obama – WorldNetDaily

On Dec. 19, the Obama administration made its 14th change to Obamacare without requesting congressional action to make the amendments. Such a move is precisely why an effort is underway in the House of Representatives to sue President Obama and force him to abide by constitutional restraints.

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The measure is known as the Stop This Overreaching Presidency, or STOP, Act and is sponsored by freshman Rep. Tom Rice, R-S.C. He told WND this is about abiding by the Constitution.

“Article II, Section 3, requires the president to faithfully execute the laws of the United States. Everybody’s bound by the law, including the president. He is not exempt,” Rice said. “If a president is allowed to pick and choose which laws he wishes to enforce, it creates tremendous opportunities for wrongdoing.

“What would we say if the next president who came in decided he didn’t like Obamacare and he wasn’t going to enforce any part of it? What would we say if a president decided he wasn’t going to enforce the maximum bracket on the income tax, or wasn’t going to enforce the income tax on his political friends? Of course, those things wouldn’t be tolerated,” Rice said. “We’ve got a similar type of lines going on here with Obamacare. We’ve got the president giving 1,300 exemptions. We’ve got him waiving the employer mandate for businesses but applying the individual mandate for the common conservative. It’s not right. The law has got to be applied uniformly.”

He said he actually started exploring this legislation earlier in the year based on comments made by a Democrat.

“I started working on this last July,” Rice said. “Right after the extension of the employer mandate was in the press, one of the Democratic senators said, ‘How can the president do this?’ That’s what spurred me to look at what we could do to force the president to enforce the law,” Rice said.

While executive branch changes to Obamacare are the most visible examples of Obama altering laws, Rice said there are plenty of other examples, too.

“In the resolution, we list four specific things. One is the waiver of the work requirements under the welfare law. One is the granting of legal work status to illegal immigrants en masse. One is the waiver of the employer mandate under the Affordable Care Act. The fourth is the extension for one year of the ability of the insurance companies to sell ‘substandard insurance policies.’ In this case, substandard means any insurance policy that people actually want to buy,” he said.

The congressman pointed out that the resolution only needs to pass the House, since the House can file or defend a lawsuit as a standalone institution. He said that would carry far more weight in a federal court than a lone member filing suit. He said he didn’t “ask permission” from GOP leaders before filing the bill, and a conversation with House Majority Leader Eric Cantor gives him reason for optimism.

“I have spoken to Cantor about it, and he seems interested in it. I think the chances of it hitting the floor are pretty good,” said Rice, who revealed he has 34 co-sponsors, including three House Judiciary Committee members. He said the ultimate success of the effort will depend upon how vocal the American people are about making sure the president follows the Constitution.

Democrats are expected to label the effort as another attempt by Republicans to scuttle Obamacare because they can’t accept that was passed and signed into law. Rice said that’s not the goal at all.

“I hear that a lot, but they don’t want to enforce what was passed. That’s the problem. They want to enforce the parts that they want. Let’s enforce exactly what was passed,” he said.

“This is not a tea-party thing,” he added. “This is not a Democrat versus Republican thing. This is not any personal animosity toward the president. What the president is doing undermines our constitutional protections, the separation of powers. Congress makes the laws. The president enforces the laws, and he’s refusing to do that. He’s not carrying out his constitutional duty and I simply want him to do what he’s required to do by the Constitution,” said Rice.

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25 Tea Party Groups Sue IRS, Obama Regime

Tea Party Groups Sue IRS, Obama Administration – NBC News

Twenty-five conservative and Tea Party groups have filed suit against the Internal Revenue Service, Attorney General Eric Holder and top IRS officials, alleging that the Obama administration unlawfully targeted the groups because of their political beliefs and obstructed their applications for tax-exempt status.

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“The IRS and the federal government are not going to get away with this unlawful targeting of conservative groups,” said Jay Sekulow, chief counsel of the American Center for Law and Justice, a conservative public interest law firm that filed the federal lawsuit on behalf of the groups in Washington, D.C., on Wednesday. “The lawsuit sends a very powerful message to the IRA and the Obama Administration – including the White House: Americans are not going to be bullied and intimidated by our government.”

The suit asks for a declaratory judgment that the defendants, including Lois Lerner, director of exempt organizations for the IRS, “unlawfully delayed and obstructed” applications for tax-exempt status. It also asks for monetary damages, protection for the plaintiffs from further IRS targeting and tax-exempt status for 10 of the conservative groups with applications still outstanding.

The lawsuit lists 25 plaintiffs, but the ACLJ said more were likely to be added to the suit. Thirteen of the plaintiffs have now received tax-exempt status, and two have withdrawn their applications. The plaintiffs applied for tax-exempt status between 2009 and 2011.

A report from the Treasury Inspector General for Tax Administration released May 14 said that the IRS had targeted tax-exempt application based on “inappropriate criteria,” including organizational names, and “significantly delayed the processing of these applications.” Processing for some of the Tea Party groups took more than twice as long as for other groups, according to the Inspector General’s report.

The White House has said it was unaware of the targeting, and that President Barack Obama only learned of the issue when news of the IG’s report broke. Lois Lerner, the now-suspended director of the Exempt Organizations department at the IRS, apologized and said she had learned of the targeting in 2012 when Tea Party groups complained. Acting IRS Commissioner Steven Miller, who has since resigned, told Congress that the targeting was the result of “foolish mistakes” by lower-level IRS employees, and denied that politics or partisanship motivated the people involved. According to the IRS’s public statements and testimony, most of the work in question was done by employees at the IRS Exempt Organizations Determinations Unit in Cincinnati, Ohio.

As NBC News reported Tuesday, however, requests for information about the groups came from other local offices and IRS headquarters in Washington. The ACLJ’s Sekulow previously had provided some of the letters to NBC News, and on Wednesday made them available to the public. At least one letter requesting information about the Ohio Liberty Council bears the stamped signature of Lerner.

Lerner is named as a defendant in the ACLJ suit. The Ohio Liberty Council is not currently among the plaintiffs.

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