Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

By the way, House GOP still hasn’t filed that lawsuit challenging Obama’s executive overreach
Hotair ^ | 10/27/2014 | AllahPundit

Posted on 10/27/2014 9:09:28 AM PDT by SeekAndFind

Anyone want to float a theory as to why? We all understand that they don’t much care about the suit and talked it up only for the benefit of suckers like you and me, who are outraged at Obama’s continued power grabs. Boehner needed a way to placate his base, if only to channel the anger so that it doesn’t veer towards impeachment demands. He doesn’t want to go down that road, especially with Republicans now set to control both chambers of Congress.

So the lawsuit was a political move, “boob bait” to get us excited before the election. But none of that explains why they’ve held off on filing it. What do they have to lose by following through?

Lawyers close to the process said they originally expected the legal challenge to be filed in September, but now they don’t expect any action before the elections.

Some attribute the delay to electoral politics — suggesting that Republicans were worried it could rile up the Democratic base — though the GOP is mum on why the suit has yet to be filed.

Whatever the reason, the delay means the core of the suit could effectively be moot before the Obama administration even has to respond to it in court. The case was expected to center on an employer mandate provision that Obama twice delayed but is now set to kick in for many employers on Jan. 1.

“I thought this was a constitutional crisis and the republic was in jeopardy because Obama overstepped his bounds. Now, they can’t even get around to filing it?” asked former House Counsel Stan Brand, a Democrat. “It, to me, emphasizes the not-serious nature of it.”

They were going to sue Obama for unlawfully delaying the employer mandate annnnnnd they waited so long to do it that the mandate will no longer be delayed by the time they file. That’s the sort of can-do, on-the-ball leadership in Washington that Republican voters have come to expect.

As for the lawsuit’s backfire potential, in which Democrats would use the filing of the suit as a midterm fundraising gimmick for their own base, I don’t see what’s stopping lefties from doing that now. Republicans have made hay of Obama’s plan to order an executive amnesty after the election even though O hasn’t actually done anything yet. The intention to act is sufficient to goose the base; the same is true, presumably, of Boehner’s lawsuit, which he’s said he intends to file. There’s nothing stopping some dope at the DNC from sending out an e-mail today warning faithful liberals that unless they send money ASAP, the king’s ability to illegally dictate policy might be tragically curtailed. But why would they want to delve into a comparatively obtuse issue like that when they could stick with “Republicans want white cops to shoot black children” messages instead?

Politico has other theories. One: Maybe the GOP is holding off because they want the suit to be taken seriously. If they file it now, it’ll be dismissed as an election gimmick and nothing more. Er, okay, but … it is an election gimmick (mostly). If they were worried about it being perceived that way, they wouldn’t have announced their intention to file suit before the midterms, right? They would have postponed the entire discussion until November. Two: From the GOP’s standpoint, if their midterm messaging ain’t broke, why fix it? They’re a favorite to take back the Senate as is; no sense rolling a grenade into the middle of that by filing the lawsuit. My point again, though, is that that grenade has essentially already been rolled. If Democrats want to make this an issue, they’ve already got Boehner’s pro-lawsuit rhetoric to use as the peg. They haven’t. My hunch is that it would be a one-day story, dismissed by most voters as evidence that O and the GOP are hopelessly at odds and nothing more. Besides, refusing to file the suit now might end up hurting Republicans with their own base. How excited are you for a new dawn of bold GOP leadership in Congress knowing that they’re afraid to bring a complaint that everyone understands is probably going nowhere in court anyway? Three: It turns out that David Rivkin, the lawyer retained by the GOP for this suit and one of the two authors (with Elizabeth Price Foley) who’ve pushed Congress to pioneer lawsuits against the president for overreach, backed out of the suit last month. Why? Quote: “Sources say his firm came under pressure from health care-related clients wary of being represented by a firm perceived as working to unravel Obamacare.” Forced to choose between protecting separation of powers and losing ObamaCare cronies’ big bucks, Rivkin’s firm allegedly made its choice. So maybe Boehner’s holding off to give the new lawyer time to get up to speed on the case. How much time would he need, though, simply to revise Rivkin’s complaint and then wait (probably for months) for a government answer?

I’m tempted to argue that maybe Boehner’s held off because he wants to use the lawsuit as some sort of bargaining chip against Obama, but that assumes that Obama cares about being sued. He doesn’t. Besides, Boehner could still use the suit as a chip even after it’s filed by agreeing to drop the case if O makes whatever concession he’s after. Likewise, I suppose it could be that Boehner’s waiting to see what Obama does on executive amnesty before filing the suit; legalizing six million illegals summarily would be an even more egregious case of overreach by O than delaying the employer mandate. But that assumes that Boehner and the GOP leadership want to have a big fight with Obama over amnesty. They don’t. On the contrary, Boehner doesn’t want to be perceived by Latino voters as trying to block O on “compassionate” measures for illegal immigrants. That’s the whole reason the House’s suit is aimed at the employer mandate and not immigration in the first place. So, long story short, I don’t understand why they’re waiting. My one longshot theory is that Boehner might worry that a judge would dismiss the House’s complaint very quickly, causing major embarrassment for the GOP right before the election. But even a “very quick” disposition of the case would take longer than a few months, right, litigators? In which case, there’s zero risk that a judge would rule before next Tuesday. I don’t get it.


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: congress; executiveoverreach; gop; lawsuit
Navigation: use the links below to view more comments.
first 1-2021-31 next last

1 posted on 10/27/2014 9:09:28 AM PDT by SeekAndFind
[ Post Reply | Private Reply | View Replies]

To: SeekAndFind
Some attribute the delay to electoral politics — suggesting that Republicans were worried it could rile up the Democratic base — though the GOP is mum on why the suit has yet to be filed.

That actually makes the most sense. It would detract from the message that election is about stopping Obama.

2 posted on 10/27/2014 9:12:17 AM PDT by Behind Liberal Lines
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind
The EXEMPT do not care.

Not the border porosity.
Not the egregious FAST&Furious.
Not the treasonous arming of al Qaeda and creation of ISIS.
Not the odious IRS and NSA disregard of the Constitution.

Here come the EXEMPT enablers, now.


3 posted on 10/27/2014 9:13:05 AM PDT by Diogenesis (The EXEMPT Congress is complicit in the absence of impeachment)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

No doubt Eboma long ago instructed the NSA to build a file of incriminating information which could be used to BLACKMAIL BOEHNER, such as gay bath house photos, etc.. and this is why Boehner has turned into such a GUTLESS P*SSY! There are probably numerous individuals tagged by the NSA for blackmail by order of Eboma, including John Roberts and perhaps some of the same gay bath house photos, too.


4 posted on 10/27/2014 9:13:27 AM PDT by CivilWarBrewing
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind
"Anyone want to float a theory as to why?"

Nice fat NSA files on every last one of them.

5 posted on 10/27/2014 9:14:34 AM PDT by null and void (And I think Kevin Bacon is doomed.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

Boehner and them lied. They just wanted to make conservatives shut up for a while.


6 posted on 10/27/2014 9:14:44 AM PDT by GeronL (Vote for Conservatives not for Republicans)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

I am hoping it is because GOP knows that they need House and Senate to impeach or even to win the law suit. So maybe they want to wait till after election. If they do it now it will just give the Dems more reason to go to the polls and vote to save Obama.


7 posted on 10/27/2014 9:15:05 AM PDT by Apple Pan Dowdy (... as American as Apple Pie)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Behind Liberal Lines

RINO’s lying to conservatives, AGAIN


8 posted on 10/27/2014 9:15:20 AM PDT by GeronL (Vote for Conservatives not for Republicans)
[ Post Reply | Private Reply | To 2 | View Replies]

To: SeekAndFind

Because they’re all a bunch of cowardly blowhards.

And a lawsuit doesn’t get it. Impeach the bastard or STFU.


9 posted on 10/27/2014 9:17:21 AM PDT by onedoug
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

For THAT reason ALONE ... “F” the GOP!


10 posted on 10/27/2014 9:21:12 AM PDT by SMARTY ("When you blame others, you give up your power to change." Robert Anthony)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Apple Pan Dowdy

Is nice to hope but heads up... there is no hope if your looking for the GOP to save us.


11 posted on 10/27/2014 9:21:48 AM PDT by Breto (Stranger in a strange land... where did America go?)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Behind Liberal Lines

What is going to be the excuse after the election? Stupid question I know, but I think I have the answer. We can’t distract from the 2016 message.


12 posted on 10/27/2014 9:26:02 AM PDT by sport
[ Post Reply | Private Reply | To 2 | View Replies]

To: SMARTY
For THAT reason ALONE ... “F” the GOP!

For THAT Treason ALONE ... “F” the GOP! - Fixed it! =)

13 posted on 10/27/2014 9:27:40 AM PDT by dware (3 prohibited topics in mixed company: politics, religion and operating systems...)
[ Post Reply | Private Reply | To 10 | View Replies]

To: SeekAndFind
You mean it was just for show?    ..  
14 posted on 10/27/2014 9:28:53 AM PDT by smokingfrog ( sleep with one eye open (<o> ---)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

The permanent minority party of the GOP are still on the DC cocktail party invite list- That’s all that matters.


15 posted on 10/27/2014 9:31:40 AM PDT by TADSLOS (The Event Horizon has come and gone. Buckle up and hang on.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: GeronL

” Boehner and them lied. They just wanted to make conservatives shut up for a while.”

Very transparent, too.


16 posted on 10/27/2014 9:32:11 AM PDT by stephenjohnbanker (The only people in the world who fear Obama are American citizens. KILL THE BILL!)
[ Post Reply | Private Reply | To 6 | View Replies]

To: SeekAndFind
Anyone want to float a theory as to why?

Sure.

They know it will be dismissed in 30 seconds for lack of jurisdiction, and as a political question, and they don't want that to happen before the election.

17 posted on 10/27/2014 9:34:15 AM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

SO, an open question to those badgering us about absolutely having to vote for the GOP-E candidates.

What good does that do us as conservatives?


18 posted on 10/27/2014 9:35:09 AM PDT by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

The GOP always seems to have a reason to do nothing, or to accept the Dems’ power grabs, or to not fight Socialist legislation or out-of-control spending. The argument always seems to be that fighting won’t work, or that fighting at a certain time will jeopradize their election chances, with the implication being that once the GOP is in charge, things will change. But it never happens. Just think back to the Bush Congress that continued to spend like drunken sailors. Its no wonder that people don’t think the GOP is a relevant party anymore.


19 posted on 10/27/2014 9:36:30 AM PDT by Opinionated Blowhard ("When the people find they can vote themselves money, that will herald the end of the republic.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

The GOP is government, and government does not want to reign itself in, and it is not going to.

1/2 of the government is not our friend, and it is not on our side at all.

Furthermore, any such lawsuit would be tossed.

Congress already has the power to stop executive over reach.


20 posted on 10/27/2014 9:38:11 AM PDT by chris37 (heartless)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-31 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson