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.
mea_mark July 4th, 2014 at 10:25
The republicans need to pretend to be doing something though, right? They are in Washington, there should at least be an illusion that there being there has a purpose, shouldn’t it?
Linda1961 July 4th, 2014 at 10:35
Hopefully most of the voters won’t fall for that illusion.
tiredoftea July 4th, 2014 at 12:09
They fell for the rethugs, they’ll fall for this. After all, the fringe media is leading this stunt and their mouth breathing viewers need to believe the froth.
M D Reese July 4th, 2014 at 10:54
What’s going on with BenghaziBenghazi? I thought that was their shiny thing that was going to take them to victory in November. I guess it was a real disappointment to them when one of the attackers was captured and said that yes, it was the anti-muslim video that pissed them off…
Carla Akins July 4th, 2014 at 10:59
It’s nothing more than a stunt to pander to his base (which he’s losing) and an excuse to drink when he loses.
mea_mark July 4th, 2014 at 10:25
The republicans need to pretend to be doing something though, right? They are in Washington, there should at least be an illusion that there being there has a purpose, shouldn’t it?
Linda1961 July 4th, 2014 at 10:35
Hopefully most of the voters won’t fall for that illusion.
tiredoftea July 4th, 2014 at 12:09
They fell for the rethugs, they’ll fall for this. After all, the fringe media is leading this stunt and their mouth breathing viewers need to believe the froth.
M D Reese July 4th, 2014 at 10:54
What’s going on with BenghaziBenghazi? I thought that was their shiny thing that was going to take them to victory in November. I guess it was a real disappointment to them when one of the attackers was captured and said that yes, it was the anti-muslim video that pissed them off…
Carla Akins July 4th, 2014 at 10:59
It’s nothing more than a stunt to pander to his base (which he’s losing) and an excuse to drink when he loses.
Linda1961 July 4th, 2014 at 10:30
And now a Fourth of July message from Woody Guthrie:
https://www.youtube.com/watch?v=wxiMrvDbq3s
Linda1961 July 4th, 2014 at 10:30
And now a Fourth of July message from Woody Guthrie:
https://www.youtube.com/watch?v=wxiMrvDbq3s
crc3 July 4th, 2014 at 10:48
Boehner and his Repulsive cronies all need to be voted out of office. These clowns know nothing about governing. Hard earned tax payer’s money is paying these do-nothing’s salaries with full benefits. Who wouldn’t want to get paid for doing NOTHING? This obstructionism began the day Obama was inaugurated starting with the birthers…then it was Obama Care…then Benghazi…then immigration and of course there are many others! It is very obvious they hate him and I’ve always felt it is all racially motivated. Their day is coming soon and it won’t be pretty (for them)….
crc3 July 4th, 2014 at 10:48
Boehner and his Repulsive cronies all need to be voted out of office. These clowns know nothing about governing. Hard earned tax payer’s money is paying these do-nothing’s salaries with full benefits. Who wouldn’t want to get paid for doing NOTHING? This obstructionism began the day Obama was inaugurated starting with the birthers…then it was Obama Care…then Benghazi…then immigration and of course there are many others! It is very obvious they hate him and I’ve always felt it is all racially motivated. Their day is coming soon and it won’t be pretty (for them)….
M D Reese July 4th, 2014 at 10:50
I wonder if Boehner was concerned about GW Bush’s 1200 or so “signing statements”? Obama has used that “end run around congress” very few times in comparison. Of course, congress has to actually PASS a bill for that to happen…
I hope Boehner does pursue this. It will be grand threater, and he’s apparently not got anything else on his agenda.
M D Reese July 4th, 2014 at 10:50
I wonder if Boehner was concerned about GW Bush’s 1200 or so “signing statements”? Obama has used that “end run around congress” very few times in comparison. Of course, congress has to actually PASS a bill for that to happen…
I hope Boehner does pursue this. It will be grand threater, and he’s apparently not got anything else on his agenda.
tiredoftea July 4th, 2014 at 12:12
Which court has jurisdiction here? Is this a subtle way to start impeachment proceedings if it’s only SCOTUS that can preside?
tiredoftea July 4th, 2014 at 12:12
Which court has jurisdiction here? Is this a subtle way to start impeachment proceedings if it’s only SCOTUS that can preside?
William July 4th, 2014 at 12:27
Bring it on orange-boy. Nothing could be funnier than watching the GOP make asses of themselves (once again) as they try to appease the baggers.
William July 4th, 2014 at 12:27
Bring it on orange-boy. Nothing could be funnier than watching the GOP make asses of themselves (once again) as they try to appease the baggers.
labman57 July 4th, 2014 at 12:50
The Executive Order has been around since the dawn of our nation, and the constitutionality of this process was validated by the SCOTUS in the 1950’s. Every President in the past century has used executive orders with greater frequency that the current POTUS.
Using the powers granted to the Executive Branch to enact certain programs and policies is just as legal and part of the democratic process as is the Senate Republican minority’s use of the filibuster to obstruct said programs and policies.
Had the GOP not blatantly abused the latter, Obama would not feel compelled to implement the former.
So why the current right wing uproar over Obama’s plan to “get things done” via Executive Order? What is substantively different this time?
I suspect that it’s largely a matter of some complexion.
And so House Republicans once again resort to voting on wholly partisan, politically-loaded, yet fundamentally meaningless, totally symbolic proclamations as a means of avoiding any discussion of useful, substantive, productive legislation that meets the needs and concerns of the American people at large.
In short, the GOP — addicted to tepid tea — has resigned itself to serve as little more than a speed-bump on the road to progress.
labman57 July 4th, 2014 at 12:50
The Executive Order has been around since the dawn of our nation, and the constitutionality of this process was validated by the SCOTUS in the 1950’s. Every President in the past century has used executive orders with greater frequency that the current POTUS.
Using the powers granted to the Executive Branch to enact certain programs and policies is just as legal and part of the democratic process as is the Senate Republican minority’s use of the filibuster to obstruct said programs and policies.
Had the GOP not blatantly abused the latter, Obama would not feel compelled to implement the former.
So why the current right wing uproar over Obama’s plan to “get things done” via Executive Order? What is substantively different this time?
I suspect that it’s largely a matter of some complexion.
And so House Republicans once again resort to voting on wholly partisan, politically-loaded, yet fundamentally meaningless, totally symbolic proclamations as a means of avoiding any discussion of useful, substantive, productive legislation that meets the needs and concerns of the American people at large.
In short, the GOP — addicted to tepid tea — has resigned itself to serve as little more than a speed-bump on the road to progress.
AnthonyLook July 4th, 2014 at 18:31
Not one lawyer with any (other than tea party birther racist lawyers) credentials or studied legal scholar takes this joke of a suit seriously.
AttilatheBlond July 13th, 2014 at 15:43
Doesn’t one have to prove personal damage or harm for a lawsuit to be remotely viable? The only harm Obama has done to Boehner is show him to be the mean tool that he is, and perhaps threaten his chance of re-election, even in his ultra-save GOP home district.
AnthonyLook July 4th, 2014 at 18:31
Not one lawyer with any (other than tea party birther racist lawyers) credentials or studied legal scholar takes this joke of a suit seriously.
AttilatheBlond July 13th, 2014 at 15:43
Doesn’t one have to prove personal damage or harm for a lawsuit to be remotely viable? The only harm Obama has done to Boehner is show him to be the mean tool that he is, and perhaps threaten his chance of re-election, even in his ultra-save GOP home district.
Herb Sarge Phelps July 5th, 2014 at 14:58
The reason I call them the FLEA Party is because they are Foolish Lunatics Endangering America by sucking the democracy out of our nation. They have proven that no Republican no matter how much they hate the FLEA Party has the toughness to stand up and say to these morons, we have to govern and after all the people have elected this President 2 times, so in the spirit of the constitution and to follow the will of the people we must at least take care of things that America must have done. These things include infrastructure, voting for all citizens, and provide for the general welfare. However any Republican elected soon finds that the Speaker and Minority Leader will not go against the small but vocal parasites of the FLEA Party because Republicans are cowards and the Flea Party bullies who prey on the cowards. Add in the super wealthy who keeps the GOP cowards feed and pampered, the constitution, welfare, and health of our nation means nothing. That is why I refuse to vote for a Republican because no matter what they will cave to the FLEA Party.
Herb Sarge Phelps July 5th, 2014 at 14:58
The reason I call them the FLEA Party is because they are Foolish Lunatics Endangering America by sucking the democracy out of our nation. They have proven that no Republican no matter how much they hate the FLEA Party has the toughness to stand up and say to these morons, we have to govern and after all the people have elected this President 2 times, so in the spirit of the constitution and to follow the will of the people we must at least take care of things that America must have done. These things include infrastructure, voting for all citizens, and provide for the general welfare. However any Republican elected soon finds that the Speaker and Minority Leader will not go against the small but vocal parasites of the FLEA Party because Republicans are cowards and the Flea Party bullies who prey on the cowards. Add in the super wealthy who keeps the GOP cowards feed and pampered, the constitution, welfare, and health of our nation means nothing. That is why I refuse to vote for a Republican because no matter what they will cave to the FLEA Party.
bpollen July 6th, 2014 at 02:54
I know why you might choose the longer version, but I think the headline could have simply been:
The Futility Of The Boehner
bpollen July 6th, 2014 at 02:54
I know why you might choose the longer version, but I think the headline could have simply been:
The Futility Of The Boehner