Posted on 11/21/2014 8:19:25 AM PST by justlittleoleme
Today, we filed our complaint United States House of Representatives v. Burwell (Case 1:14-cv-01967), in the United States District Court for the District of Columbia. The Houses complaint contains eight counts concerning constitutional and statutory violations of law related to the Patient Protection and Affordable Care Act (ACA). There are a myriad of unilateral amendments to this Act, ordered by President Obamas Administration, which could be the subject of a challenge, and there are a number of changes that are already being litigated, including King v. Burwell, which has been accepted by the Supreme Court for review. The Houses complaint, however, focuses on the Administrations usurpation not only of the Houses Article I legislative authority, but also of the defining power of purse. Both of these powers were placed exclusively in Article I by the Framers of our Constitution. These constitutional and statutory claims are highly illustrative of the current conflict between the branches over the basic principles of the separation of powers. The Houses complaint seeks to reaffirm the clear constitutional lines of separation between the branches a doctrine that is the very foundation of our constitutional system of government. To put it simply, the complaint focuses on the means rather than ends. The complaint is posted below.
Here is the Complaint: House v. Burwell (D.D.C.) – Complaint (FILED)
(Excerpt) Read more at jonathanturley.org ...
That should have been done this morning. I sure wouldn’t hold my breath waiting for these Congressional bastards.
That only works when they don't keep making changes/adjustments to the bad law .... ala 0bolaCare.
How many changes have been made to that bad law? I've lost count.
Agree. They should’ve been lined up, with papers in hand.
EO Amnesty = No Need for Congress
The new congress has to appoint a special prosecutor and people will go to jail.
That’s the point of the lawsuit - to force them to apply the law as written, not as redefined by executive fiat.
Judges will rule against the house, then what?
He should have initiated direct action
Defund
Impeach for all crimes
I can see the States doing that real soon.
Jane Long wrote:
<<
Well, Im not willing to stop trying. Are you?
Id rather them use every means available...and try...than DO NOTHING - out of fear of radical leftist judges, or backlash, or whatever excuse.
>>
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Oh, believe me, I’m with you there, Jane... I would just much rather see Congress FOR ONCE put up a huge fight by using the “power of the purse” to defund aspects of Obama’s unconstitutional progressive agenda (including Obamacare) and implement Ted Cruz’s call to indefinitely block ALL of Hussein’s future judicial and cabinet nominees. (And if this results in an indefinite partial government shutdown affecting non-essential services, I say SO WHAT!!) I also wouldn’t rule out introducing articles of impeachment (even if the GOP doesn’t have enough Senate votes to remove the Marxist from office altogether).
I just think the GOP Establishment’s idea to litigate their way out of this mess is a futile cop-out at best because it would conceivably take years before any (leftist) court verdict is rendered. And if the GOP were to lose, you know they’d simply, in typical fashion, shrug their shoulders, pack it in, and say, “well, we tried... executive amnesty is now the law of the land”.
I mean, this is The House. And they already have the votes to nullify. What’s the damned delay?
The Senate. And after January, Obama is still there even if the Senate and the House agree to nullify O-Care. Remember, he has to sign everything.
that’s really not the point, if they were to win they would fully demonstrate how Obama has made the Legislative branch of Government no more.
They are now wineing to Obamas injustice system like common citizens that he is not upholding the law. The same injustice system that no longer has any inclination to even read laws rather than pronouce their own independent edicts on ideological policy.
There is a schism now among the federal court system between a shrinking minority inclined to uphold law and a growing majority simply interested in advancing an thinly veiled ideology imposed as law by Federal injustices in black robes.
Well they have already thrown out the power of the purse and impeachment so realistically they have no other options in dealing with a president that refuses to uphold the law.
The issues in the case are far larger than whatever impact it has on BarryCare.
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