Boehner's Lawsuit Against Obama is a Loser

[Geaux4it]

Ridiculous, there is another way to attack executive orders that would be more successful but they do not want to limit the power of a future republican president.

That's why he should be impeached instead

-Geaux

Every president that ever served would be impeachable under that standard, especially GWB.

Ok- Fine with me.

-Geaux

 

[C_Clayton_Jones]

Eric Posner, son of legendary jurist Richard Posner, weighs in on Speaker Boehner's planned lawsuit against President Obama. He discusses how it would fall flat on its face due to the Constitutional setup of the Executive Branch:

Courts have repeatedly held, in the Supreme Court’s words, that “the Executive Branch has exclusive authority and absolute discretion to decide whether to prosecute a case.” To understand this principle, one must first recognize that technical violations of the law vastly outstrip the resources of the executive to go after them. People speed on the highways, smoke dope, and cheat on their taxes in vast numbers. Corporations pollute, defraud investors, and evade taxes. More than 10 million people illegally reside in the country, most of them illegally employed by individuals and businesses. The executive branch lacks the resources to investigate, catch, and prosecute all these people. It simply can’t.

So the government must make choices. Many of those choices—like spending more resources on investigating murders than on burglaries—are uncontroversial. But others quickly take on politically charged overtones. What if the government says that it will investigate cocaine dealers but not marijuana sellers, because marijuana possession is not as serious? Or that it will use most immigration resources to deport undocumented immigrants who commit violent crimes because they are more dangerous than those who do not?

Perhaps these are “policy” judgments of the sort that should be made by Congress. There is a pervasive slippery-slope worry that if the president can refrain from enforcing immigration laws against DREAM-ers, then he can also refuse to enforce corporate taxes (if he is a Republican) or laws that give mining firms access to mineral resources on public lands (if he is a Democrat). Indeed, if you accept the principle of prosecutorial discretion in the broadest sense, the president could decline to enforce campaign finance laws against his supporters, or instruct his subordinates to violate the law and refuse to prosecute them. Indeed, President Obama did refuse to prosecute Bush administration officials who appear to have violated laws against torture and surveillance. (The Republicans don’t seem to be upset about this particular exercise of presidential discretion.)

Boehner?s lawsuit against Obama is a loser because of American ideas about presidential power.

That being said, I don't think a court would even get to the merits of such a case. It would be dismissed as non-justiciable under the political question doctrine.

Exactly.

 

[occupied]

The lawsuit is very risky. If Boner loses, then the courts just validated Obama's dictatorship and he will go full ape chit. The EO's will come in a fury.

Watch what you ask for Boner

-Geaux

Ridiculous, there is another way to attack executive orders that would be more successful but they do not want to limit the power of a future republican president.

There will be no future Republican Presidents

One can only hope but I am not so sure, never underestimate the American people's ability to forget past mistakes.

 

[rightwinger]

Ridiculous, there is another way to attack executive orders that would be more successful but they do not want to limit the power of a future republican president.

That's why he should be impeached instead

-Geaux

Every president that ever served would be impeachable under that standard, especially GWB.

Every President who is not Republican is impeachable

 

[occupied]

That's why he should be impeached instead

-Geaux

Every president that ever served would be impeachable under that standard, especially GWB.

Every President who is not Republican is impeachable

Yes I am afraid it will be the pattern from now on if republicans are unable to drum up the national support necessary to elect a president. Doing everything to create an image of general criminality in the president and the executive branch and hoping something sticks.

 

[rightwinger]

Ridiculous, there is another way to attack executive orders that would be more successful but they do not want to limit the power of a future republican president.

There will be no future Republican Presidents

One can only hope but I am not so sure, never underestimate the American people's ability to forget past mistakes.

The Republican Party, as composed today, will never elect another President

They barely elected Bush

 

[zeke]

Every president that ever served would be impeachable under that standard, especially GWB.

Every President who is not Republican is impeachable

Yes I am afraid it will be the pattern from now on if republicans are unable to drum up the national support necessary to elect a president. Doing everything to create an image of general criminality in the president and the executive branch and hoping something sticks.

That is more than likely the absolute truth. Sad but true. Still better than having a Republican as President again. But still............not good.

 

[Seawytch]

It should be dismissed as frivolous.

Boehner and GOP: Delay the employer mandate!!!
Obama: Okay, I'm going to delay the employer mandate.
Boehner and GOP: We're gonna sue you!

Epitome of frivolous.

 

[occupied]

There will be no future Republican Presidents

One can only hope but I am not so sure, never underestimate the American people's ability to forget past mistakes.

The Republican Party, as composed today, will never elect another President

They barely elected Bush

I know that when you look at it rationally and in light of recent history it seems pretty far-fetched but I still cannot bring myself to feel smug about it. If republicans know anything it's how to cheat the democratic process.

 

[OriginalShroom]

Liberal Law Prof Johnathan Turley agrees with the House Republicans that Obama is a threat to the Country and needs to reigned in.

 

[occupied]

Liberal Law Prof Johnathan Turley agrees with the House Republicans that Obama is a threat to the Country and needs to reigned in.

I myself would not be against curtailing executive power in many ways because it has gone too far but that is not the aim of republicans, they want to just shut Obama down without damaging the expanded powers they worked so hard to achieve in the past.

 

[Bloodrock44]

Didn't Obama say "so sue me?"

 

[Oscar Wao]

Liberal Law Prof Johnathan Turley agrees with the House Republicans that Obama is a threat to the Country and needs to reigned in.

I happen to agree with that. The Executive HAS gotten out of control, especially for the past 25-35 years or so.

HOWEVER, what this thread about is whether or not Boehner's lawsuit can survive in federal court. The lawsuit, regardless of the merits, would not be able to survive due to the political question doctrine.

The rationale for the political question doctrine is this: The judiciary doesn't like to meddle into the affairs of the executive and/or the legislature. The federal judiciary, whether it be the Federal District Court, Circuit Court of Appeals, or the Supreme Court, is not meant to be a place to resolve policy disputes or issue advisory opinions. If you've got a policy dispute, fight it out in Congress or the White House, but don't take it to court for judges to change your diapers for you.

 

[Oscar Wao]

slate??? Why not huffo puffo commentary?? Why not stinkprogress commentary? Who not something from Madcow??

Winger opinion pieces from winger sites... yeah, THAT'S credible

Eric Posner is the son of Richard Posner, one of the most eminent legal thinkers and jurists in Ameican history. Eric Posner himself has an impressive resume and is HARDLY considered a liberal. In fact, he's likely to be appointed by a future Republican President to either the SCOTUS or a federal circuit court.

He's not some random journalist on Slate...he's a lawyer and professor at the University of Chicago, which is a conservative law school.

Kinda like Jennifer Grant. Right?

You obviously don't know who Eric Posner is, or Richard Posner for that matter