Power of the Purse: Does the US House Have Standing to Sue? Judge says "Yes"

Discussion in 'Judicial Interpretation' started by Dante, Sep 12, 2015.

  1. Dante
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    Dante On leave Supporting Member

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    that is NOT the argument Turley used to win with this Judge.

    Laws have errors within them. It is HOW one deals with it that matters. Funds can be shifted at times, but the Congress specifically rejected funding the subsidies
     
  2. Dante
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    Dante On leave Supporting Member

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    Healthcare is popular. Obamacare is more popular than the alternative.

    Throw people under the bus and the GOP will lose for a generation -- at least
     
  3. Obiwan
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    Obiwan Platinum Member

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    Poll data proves you wrong.
    Other - Public Approval of Health Care Law | RealClearPolitics
     
  4. Care4all
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    Care4all Warrior Princess Supporting Member

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    oh, as i said, for the purpose of regaining their power, i understand the lawsuit....but this was not their purpose, their purpose was to dismantle ocare, and that won't happen with this case...

    i expect the house to win....

    however, the gvt will still end up reimbursing the insurance companies....the courts will rule in their favor eventually, on being paid for their contract.

    This is defunding the poorest Americans among us, along with the previous actions of republicans to not expanding medicaid for the poorest of poorest.

    the very people of all the people on Obamacare, that need the government's help....while the rest of obamacare subsidies for the people like mrH who make 90k a year with a family will STILL get their subsidy help but the poor won't get the help they need due to these republicans...

    THAT'S REALLY MESSED UP in the head kind of stuff coming from these Republican critters

    This makes good negative fodder against the Republicans hurting the poorest the hardest, for the elections though....
     
  5. Obiwan
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    Obiwan Platinum Member

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    It comes down to unconstitutional executive overreach...







    Obozo has to work WITH Congress, not play Kenyan dictator...

    But the sheep can't see that.
     
  6. Care4all
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    Care4all Warrior Princess Supporting Member

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    we can see that, but we also know this Congress has no interest in working with the President, on anything he does, even if it was something they previously agreed with on....if Obama is for it, then they will now come out against it....they're the most ''do nothing Congress of the Century'' and most divisive as well....

    Based on what I have read so far though, the house should win the court case.
     
    Last edited: Sep 12, 2015
  7. C_Clayton_Jones
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    C_Clayton_Jones Diamond Member

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    “The California Democrat says an appeals court "will not want to be an arbiter" in a dispute between the legislative and executive branches.”

    Correct, as was explained to John Boehner a year ago this July:

    'We write as law professors who specialize in constitutional law and federal courts to express our view that the members of the House of Representatives lack the ability to sue the President of the United States in federal court for his alleged failure to enforce a federal statute, even if an Act of Congress were to authorize such a suit and especially without such legislative authorization. Never in American history has such a suit been allowed. In fact, in many cases, the United States Supreme Court and the United States Court of Appeals for the District of Columbia Circuit have held that members of Congress lack standing to sue in federal court. An entire House of Congress is in no stronger a position to sue. Moreover, this is exactly the type of political dispute which courts have found to pose a non-justiciable political question and that should be resolved in the political process rather than by judges.

    […T]he House of Representatives as a body, like its members individually, lacks standing to sue. The claim that the President has not fully enforced provisions of the Affordable Care Act, or other laws, does not amount to a “disenfranchisement, a complete nullification, or withdrawal of a voting opportunity.” Congress retains countless mechanisms to ensure enforcement of a law, ranging from use of its spending power to assigning the task to an independent agency.'

    http://democrats.judiciary.house.gov/sites/democrats.judiciary.house.gov/files/LawProfs140730.pdf
     
  8. Obiwan
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    Obiwan Platinum Member

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    Actually, the House has more power than you think, including bringing impeachment proceedings against SCOTUS Justices...
    Frequently Asked Questions - Supreme Court of the United States
     
  9. Dante
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    Dante On leave Supporting Member

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    You do know opinion polls change like the weather in New England?

    Just make trouble for people already getting healthcare and see what happens

    the average is about even right now. IF the GOP has no reasonable alternative that saves people they will get tons oof blame and loose for a generation or two
     
  10. bodecea
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    bodecea Diamond Member

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    Whaaaaaaa? Where the hell do you get that?
     

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