The Futility Of The Boehner Lawsuit
So, even if Obama was refusing to enforce the law, as Boehner suggests, successful litigation of the matter could prove difficult. But these “best-case scenario” facts do not exist for the Speaker. In the domestic areas Boehner has alluded to — healthcare, energy, and education — Obama has a persuasive argument to make that he has simply exercised discretion in setting enforcement priorities. The president’s constitutional duty to “take care that the laws be faithfully executed” does not mean that the president is Congress’s servant, obligated simply to carry out Congress’s instructions without exercising discretion. Most laws don’t work this way — in fact, many laws expressly authorize the president or executive branch agencies to exercise discretion and set priorities. Longstanding judicial precedent recognizes that the presidential duty to faithfully execute the laws includes the authority to set priorities as to prosecution and enforcement.
Just a waste of taxpayer money by the party that claims to care about government waste.
Click here for reuse options!Copyright 2014 Liberaland
By: Stuart Shapiro
Stuart is a professor and the Director of the Public Policy
program at the Bloustein School of Planning and Public Policy at Rutgers
University. He teaches economics and cost-benefit analysis and studies
regulation in the United States at both the federal and state levels.
Prior to coming to Rutgers, Stuart worked for five years at the Office
of Management and Budget in Washington under Presidents Clinton and
George W. Bush.
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Denise July 7th, 2014 at 09:00
aaah yes! just give hilary the keys to the white house.
why stop there; just give the dems the keys to the white house for the next 20 yearsc at least, opening the door for our first hispanic president.
Denise July 7th, 2014 at 09:00
aaah yes! just give hilary the keys to the white house.
why stop there; just give the dems the keys to the white house for the next 20 yearsc at least, opening the door for our first hispanic president.
Foundryman July 11th, 2014 at 22:33
I’m not sure it’s futile or not. Boehner thinks he can win this with a bought and paid for tbag judge, he may be right. If he does win they will use this as a open/shut case for impeachment. This is nothing more than a test run for impeachment.
Foundryman July 11th, 2014 at 22:33
I’m not sure it’s futile or not. Boehner thinks he can win this with a bought and paid for tbag judge, he may be right. If he does win they will use this as a open/shut case for impeachment. This is nothing more than a test run for impeachment.
AttilatheBlond July 13th, 2014 at 15:41
Boehner, from a ‘safe’ district in Ohio, just watched safe Cantor go down. He can’t run on his record, even in his safe (read: foolish) district. Has to make wingnuts think he’s tough on the Black Guy or he might be unemployed.
Lots of pointless noise, but just another campaign ploy.
AttilatheBlond July 13th, 2014 at 15:41
Boehner, from a ‘safe’ district in Ohio, just watched safe Cantor go down. He can’t run on his record, even in his safe (read: foolish) district. Has to make wingnuts think he’s tough on the Black Guy or he might be unemployed.
Lots of pointless noise, but just another campaign ploy.