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Old 07-29-2014, 08:49 AM
 
15,047 posts, read 8,874,591 times
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Quote:
Originally Posted by georgia dem View Post
you are talking about taxpayer money when Obama has spent TRILLIONS???
spend the frigging money on the lawsuit
The previous administration spent TRILLIONS on a war of choice and didn't even put it in the budget. Were you screeching for a lawsuit then? No, of course you weren't.

This is just a weak attempt by Boehner to satisfy the lunatic fringe of his party because he is well aware that impeachment is sure to backfire on the GOP, and that's what the lunatics really want. When this lawsuit is thrown out for lack of standing, the lunatics will back Boehner to the wall and demand impeachment anyway, and Boehner will give in to them, just as he always does. Just another indication of how weak this Speaker is.

I hope the GOP runs with impeachment. It will energize the Democratic base to come out in November.
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Old 07-29-2014, 08:53 AM
 
79,907 posts, read 44,210,872 times
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Same was claimed about all the other 9-0 losses by the president.
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Old 07-29-2014, 08:58 AM
 
2,836 posts, read 3,496,479 times
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Speaker Boehner’s lawsuit will not be heard. He does not have standing to sue President Obama. Without standing, the district court does not have subject matter jurisdiction; and the action must be dismissed, and any appeal denied.
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Old 07-29-2014, 05:25 PM
 
Location: Long Island
57,294 posts, read 26,217,746 times
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Quote:
Originally Posted by Wendell Phillips View Post
Speaker Boehner’s lawsuit will not be heard. He does not have standing to sue President Obama. Without standing, the district court does not have subject matter jurisdiction; and the action must be dismissed, and any appeal denied.
The house is expected to vote on the lawsuit tomorrow, if approved this will not be quick and he will most likely be out of office.
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Old 07-29-2014, 05:35 PM
 
Location: Long Island
57,294 posts, read 26,217,746 times
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Quote:
Originally Posted by pknopp View Post
Same was claimed about all the other 9-0 losses by the president.
There have been losses by presidents in the past, that is why the supreme court is in place.

The largest issue in the lawsuit is changes to the ACA, I guess he should have sent the changes back to congress for a vote but there is the prior 40 odd legislative proposals to defund Obama care.
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Old 07-29-2014, 05:42 PM
 
79,907 posts, read 44,210,872 times
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Quote:
Originally Posted by Goodnight View Post
There have been losses by presidents in the past, that is why the supreme court is in place.
None had their clocks cleaned 13 times in two years 9-0.

Quote:
The largest issue in the lawsuit is changes to the ACA, I guess he should have sent the changes back to congress for a vote but there is the prior 40 odd legislative proposals to defund Obama care.
Yes, they would not have went along but that doesn't mean he can on his own. He can't.
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Old 07-29-2014, 06:12 PM
 
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No, it will be very quick. Speaker Boehner's lawsuit will not be heard. The action will not withstand a Rule 12(b)(6) motion to dismiss for lack of standing to sue. As I have explained, without standing, the court does not have subject matter jurisdiction, and the case must be dismissed and any appeal denied.

In addition, the suit is in violation of constitutional provisions for separation of powers. Under the Constitution, government power is exercised by three separate but coequal branches (viz., the Legislative, Executive, and Judicial branches); that function under a system of checks and balances; and no branch may intrude upon the powers vested by the Constitution in another branch.

Finally, the district courts have discretion to decline to hear such actions under federal abstention doctrine. Speaker Boehner’s lawsuit against the President represents a political, and not a legal, dispute. The federal judiciary operates independent of political pressures, and even if Speaker Boehner could gin up standing to sue, the courts are not likely to officiate a dispute over partisan politics.
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Old 07-29-2014, 06:28 PM
 
Location: Long Island
57,294 posts, read 26,217,746 times
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Quote:
Originally Posted by pknopp View Post
None had their clocks cleaned 13 times in two years 9-0.



Yes, they would not have went along but that doesn't mean he can on his own. He can't.
Do you have a scorecard?
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Old 07-29-2014, 06:31 PM
 
79,907 posts, read 44,210,872 times
Reputation: 17209
Quote:
Originally Posted by Wendell Phillips View Post
No, it will be very quick. Speaker Boehner's lawsuit will not be heard. The action will not withstand a Rule 12(b)(6) motion to dismiss for lack of standing to sue. As I have explained, without standing, the court does not have subject matter jurisdiction, and the case must be dismissed and any appeal denied.

In addition, the suit is in violation of constitutional provisions for separation of powers. Under the Constitution, government power is exercised by three separate but coequal branches (viz., the Legislative, Executive, and Judicial branches); that function under a system of checks and balances; and no branch may intrude upon the powers vested by the Constitution in another branch.
And yet you seem to not understand that only one branch can change laws.

Quote:
Finally, the district courts have discretion to decline to hear such actions under federal abstention doctrine. Speaker Boehner’s lawsuit against the President represents a political, and not a legal, dispute. The federal judiciary operates independent of political pressures, and even if Speaker Boehner could gin up standing to sue, the courts are not likely to officiate a dispute over partisan politics.
Politically only the branch Boehner belongs to can change laws.

" because the president lacks the power "to revise clear statutory terms that turn out not to work in practice."

Utility Air Regulatory Group v. EPA
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Old 07-29-2014, 06:43 PM
 
2,836 posts, read 3,496,479 times
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Here is a preview of coming attractions:
‘First, there is nothing in the Constitution stipulating that all wrongs must have remedies, much less that the remedy must lie in federal court. In fact, given the Constitution’s parsimonious grant of judicial authority, just the opposite is true. As the Supreme Court has observed, "[o]ur system of government leaves many crucial decisions to the political processes. The assumption that if respondents have no standing to sue, no one would have standing, is not a reason to find standing." Schlesinger v. Reservists Comm. to Stop the War, 418 U.S. 208, 227 (1974).’ Decision and Order Granting Motion to Dismiss, Senator Ron Johnson and Brooke Ericson, Plaintiffs, v. U.S. Office of Personal Management, et al., Defendants, United States District Court for the Eastern District of Wisconsin, Case No. 14-C-009, W. Griesbach, Chief Judge.
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