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The Lawyers Behind the
Lawsuit against Obama

National Review Online, by Ian Tuttle

Original Article

Posted By:StormCnter, 7/5/2014 5:25:07 AM

For some time now, Elizabeth Foley and David Rivkin have had two questions about the 44th president: “How is he getting away with this? And why isn’t someone doing something about this?” Foley, a professor of constitutional law at Florida International University College of Law, and Rivkin, lead outside counsel of Florida et al. v. United States Department of Health and Human Services, one of three Obamacare challenges that ended up before the Supreme Court in 2012, are doing something. They are the architects of the House of Representatives’ likely lawsuit against President Obama, which would challenge the president’s selective

Comments:
The teaser head is ´Yes, the House has "standing" ´.

      


Post Reply  

Reply 1 - Posted by: John c, 7/5/2014 5:57:01 AM     (No. 9911601)

FTA: “The president is taking actions that are directly contrary to congressional instructions,” Foley says. “The constitution is clear: He has a duty to faithfully execute the laws. Congress needs to preserve its lawmaking prerogative.”

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Reply 2 - Posted by: krause, 7/5/2014 6:21:54 AM     (No. 9911610)

One way or another, he needs to be evicted, like a non-paying renter.

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R-G1
  


 
Reply 3 - Posted by: Country Boy, 7/5/2014 6:36:24 AM     (No. 9911618)

When it came to demanding to see obama´s longform Birth Certificate, nobody had "standing". So I don´t believe this will work either.

Laws apparently don´t apply to special Dems, especially black Dems.

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Reply 4 - Posted by: mulhaven, 7/5/2014 6:48:40 AM     (No. 9911626)

This really seems to be a game of softball. What consequences, if any, are these two lawyers looking for? Maybe just to get the courts to agree with everyone else? His lawlessness is not a crime or misdemeanour? If not, then what is the seriousness of the charge?

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Reply 5 - Posted by: judy, 7/5/2014 6:57:23 AM     (No. 9911635)

They´re doing what Boehner & McConnell should be doing.

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Reply 6 - Posted by: Starlady, 7/5/2014 7:41:37 AM     (No. 9911674)

These attorneys think the power of the purse would punish "innocent" organizations. Are the IRS and HHS innocent organizations? Are the EPA and DOJ innocent organizations? We could go on and on.

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Reply 7 - Posted by: 2dogs, 7/5/2014 7:56:51 AM     (No. 9911685)

The Repubs are afraid to impeach, fearing it will lead to a loss in the midterms. Probably true the media would twist and turn it to make us the bad guys. . We need to survive until November and pray we take over both houses. IF, that is, we can survive another 3 months of his dictatorship.

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Reply 8 - Posted by: Poobah, 7/5/2014 8:05:36 AM     (No. 9911695)

So a case would be brought to the Supreme Court late in 2014, and the Court would rule in the summer of 2015 probably saying that Obama is making a mess of our country. Then Obama would ignore the Court just like he ignores the Congress.

It might help elect a Republican in 2016 but probably won´t curb Obama´s overreach.

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Reply 9 - Posted by: Paperpuncher, 7/5/2014 8:06:56 AM     (No. 9911698)

So then what are you going to do when SCOTUS orders zero to enforce the law and he ignores the courts order?

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Reply 10 - Posted by: planetgeo, 7/5/2014 8:25:22 AM     (No. 9911714)

OK, so let´s fast forward to a glorious November and assume for argument´s sake that we now have both a Republican House and Republican Senate. Who here believes that the two houses of Congress will rein in Obama? Buehler? Anyone?

Look up Republicans in Wikipedia under "men without balls." There´s a picture there of Boehner and McConnell carrying Obama´s golf bag.

Congress has become a country club. And once in, they´re loathe to do anything to upset their gravy train. Look what happened to Cantor and Ryan. The corrupting influence of the perks, power, and mountains of easy cash is beyond disgusting.


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Reply 11 - Posted by: Lawsy0, 7/5/2014 8:50:28 AM     (No. 9911731)

My question to Foley and Rivkin is, ´´How long is too long´´ for Obama to get away with it because he has gotten away with it? I agree there´s little chance that impeachment would succeed. Censure, maybe.

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Reply 12 - Posted by: PoliticalJunky, 7/5/2014 8:52:30 AM     (No. 9911736)

Previous lawsuits have been dismissed for "lack of standing". These two attorneys have solved that and this must be the lawsuit Boehner has mentioned. They explain why impeachment is not in the cards. I know you want to hit Obama hard but read the article. If the Courts rule as the lawyers expect (and I think they will though it might end up in the Supreme Court) he will be rebuked and give up this game. This is our best chance for putting him in his place. I thank these people from the bottom of my heart.

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Reply 13 - Posted by: M2, 7/5/2014 8:57:12 AM     (No. 9911742)

I´m not certain this will work:

The second option, cutting funds, “creates major distortions in political accountability, which is the genesis, the heart, of the notion of the separation of powers.” Congress, says Foley, should not be blamed for the president’s misdeeds — but that is just what will happen if the House has no recourse but to penalize innocent organizations as a means of punishing the president. Political self-help is important, Foley observes, “but only when proportionate and related to the transgression.”

The organizations mentioned are not "innocent". They are following illegal orders, if not in fact, in spirit. I do not believe that defunding these organizations is "overkill", as the article mentions. In fact, I don´t think it´s enough.

As for impeachment, yes, it is possible it´s a futile gesture, not worth the consequences because impeachment won´t make him stop what he´s doing.

The lawyers here, like most of America, just want the president to cease and desist the monumentally destructive actions he continues to take without adhering to the advise and consent precedent of our government.

With every illegal and immoral action Obama & Co. take without getting slapped down for it, the more he accelerates, as the article mentions. We have little time left. This lawsuit must be put on warp speed before this country enters the black hole filled with nations that have destroyed themselves because no one stood up and fought.

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Reply 14 - Posted by: EnsignOToole, 7/5/2014 8:57:37 AM     (No. 9911743)

“It is incredible brazenness,” Rivkin adds. “And he[Obama] continues in part because he’s gotten away with it.”

As a former teacher in a school district just outside of Detroit, that statement is the same thing we teachers used to ponder when the Principal was a wimp where "certain" students who caused trouble never got punished but were tolerated. As a result the student body became cynical and depressed, because those not belonging to the "select mischief-makers" group knew that they would have been punished by the Principal for doing the thing the others got away with.

Sorry for the rather cumbersome explanation - I´m taking care to be PC. It was the late 60´s and early 70´s and I suppose school administrators were worried about riots that were taking place in cities such as Detroit spilling over into the surrounding communities.

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Reply 15 - Posted by: rsgonner, 7/5/2014 9:23:48 AM     (No. 9911751)

Yesterday I read the Declaration of Independence. obozo is worse than George III.

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Reply 16 - Posted by: bpl40, 7/5/2014 10:13:41 AM     (No. 9911802)

He started getting away with it the moment he said "I do" to the oath he clearly is not eligible to take. The focus now should be strip Reid of his power and prevent the ´Rats from regrouping and the Beast from taking advantage of the confusion.
If this case helps go ahead, otherwise ignore.

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Reply 17 - Posted by: strike3, 7/5/2014 10:16:21 AM     (No. 9911807)

How can the law work when the lawbreaker is above the law? Look at other dictators like Che Guevera and Hugo Chavez. Saddam Hussein. Idi Amin. The only answer is to use force, stop them by something with teeth. The law in this country has become a joke only to be used against the little people. The occupant of the White House is insane and will not stop until he is unable to move.

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R_DBL_B
  


 
Reply 18 - Posted by: RancherJack, 7/5/2014 10:17:42 AM     (No. 9911809)

Oh, great. A strongly worded letter to a monster for a Court action which will drag on at least until the 2024 elections.

Great move, House

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Reply 19 - Posted by: chicodon, 7/5/2014 10:36:14 AM     (No. 9911839)

When Obama brazenly said "sue me" he meant it. He´ll be long gone before anything is resolved. We will sit idly by and accept his lawlessness or we won´t. He´s prepared either way.

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Reply 20 - Posted by: chicodon, 7/5/2014 10:38:54 AM     (No. 9911842)

#19
Obama timed this for the 4th of July. They are too busy to respond.

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Reply 21 - Posted by: Grandpa Bill, 7/5/2014 10:42:41 AM     (No. 9911846)

It seems many are counting on the mid-terms to change things but for it to happen, there must be honest elections with some mechanism in place to ensure integrity. Note even the manipulation in the recent Mississippi run-off senatorial election

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Reply 22 - Posted by: preciosodrogas, 7/5/2014 1:19:01 PM     (No. 9911990)

This strikes me as pure law school professor fantasy with no real world application.
Boehner is going along with it because it makes him look like he is doing something but does not require him to disobey his master.
There are remedies set forth in the Constitution that the professor did not discuss such as the right to impeach agency heads. Nor does it discuss immunity of the president to such a lawsuit. It also doesn´t discuss the need for an enforceable remedy. But hey, why not bring the suit give Boehner cover for a couple more years, pay the professor and/or his buddies a handsome consultant fee, and when the courts dismiss the case for want blame it all on the courts.

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Reply 23 - Posted by: Republic Can, 7/5/2014 1:35:49 PM     (No. 9912005)

This is all well and fine but they better include E. Holder in the lawsuit as he is the one protecting and enabling zero. Holder was his first major appointment for good reason. Both of them are in contempt of court and need to be censored as a pair for anything to be done post-verdict. Someone has to be enabled to enforce the court´s decision or it is just political masterbation.

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Reply 24 - Posted by: Penney, 7/5/2014 1:43:21 PM     (No. 9912019)

There is a new MUST SEE movie coming out later this month: ´´Persecuted,´´ which may help open eyes regarding the current oppressive policies being deemed from the statist beltway gang. Fred Thompson is among other familiar faces in the movie and Gretchen Carlson, the excellent journalist at Fox, also makes an appearance.

The lefties have been using their theatrical craftiness to propagandize their radical PC agenda for years, so it is especially gratifying to see venues such as this film to wake audiences up!!!

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Reply 25 - Posted by: OBX Pete, 7/5/2014 2:12:43 PM     (No. 9912046)

A lawsuit will not work with this tool even if the ruling goes against him. He has no
respect for the laws and has any intention of abiding by them. Impeachment will not
work either because he would just issue an executive order voiding that.

He is comitting domestic terror against the United States every day and should be
classified as a terrorist. He should be arrested by the military, handcuffed and sent to
Guantanamo to await a military trial. This is to avoid being tried by Eric Holder because
we all know that he also has no interest in abiding by the laws. He could be supplied with
the same comforts as the terrorists now imprisoned there, i.e. prayer mat, copy of the
Koran and muslim food.

Just a quickie, off subject question. Am I the only one having trouble posting comments
here? Weird things happen to my computer every time I log on to Lucianne.com.



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Reply 26 - Posted by: TarAndFeathers, 7/5/2014 2:37:52 PM     (No. 9912064)

Only forcible ejection from the physical and moral office of the Presidency will give relief from this professional scofflaw criminal. That means impeachment!
Lawsuits exist to run out the clock.

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Reply 27 - Posted by: garyhope, 7/5/2014 3:30:00 PM     (No. 9912107)

Part or much of the problem is that SO MANY people still support Obammy, don´t care what he´s doing or totally agree with what he´s doing and think it´s just great. The media, Hollywood, the NEA and teachers and professors and all of their little brainwashed ignorant students.

The obvious question is, if Obammy were a white Republican heterosexual man, real man,...could he get away with all of this?

You don´t have to answer.

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Posted By: SpeedMaster- 8/29/2014 8:12:45 AM     Post Reply
Karl Rove is at it once again. The so-called “strategist” is again confusing strategy with tactics, and is about to blow easy Senate pickups in Arkansas and North Carolina. This is not merely snatching defeat from the jaws of victory -- this is snatching defeat from the bowels of victory -- in astonishing tone-deaf fashion. There is absolutely no excuse for not winning these two races. So how is the one-time “boy genius” doing this? By running ads attacking Senators Mark Pryor and Kay Hagan from the left. Yes, you heard that right. Rove’s Crossroads GPS PAC is insisting in their latest

It´s coming: Romney for president redux
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American Thinker, by Rick Moran    Original Article
Posted By: zephyrgirl- 8/28/2014 12:43:24 PM     Post Reply
The last two Republican candidates for president have been among the weakest GOP candidates in 50 years. Barack Obama presented Mitt Romney with a gift in 2012: A struggling economy, sluggish growth, a paucity of jobs, and a health care law that was extremely unpopular. In what should have been a landslide rejection of Obama´s policies, Romney flubbed it big time and allowed his opponent to define him - and Republicans - in the most unflattering way imaginable. You would have hoped that Romney would have retired from the public arena and kept a low profile as other losers have done in

Captives held by Islamic
State were waterboarded

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Washington Post, by Adam Goldman & Julie Tate    Original Article
Posted By: KarenJ1- 8/28/2014 4:30:40 PM     Post Reply
At least four hostages held in Syria by the Islamic State, including an American journalist who was recently executed by the group, were waterboarded in the early part of their captivity, according to people familiar with the treatment of the kidnapped Westerners. James Foley was among the four who were waterboarded several times by Islamic State militants who appeared to model the technique on the CIA’s use of waterboarding to interrogate suspected terrorists after the Sept. 11, 2001, attacks. The victims of waterboarding are often strapped down on gurneys or benches while cold water is poured over a cloth covering

‘Significant increase’ in
terror chatter as haunting
anniversary of 9/11 nears

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Washington Times, by Douglas Ernst    Original Article
Posted By: Dreadnought- 8/28/2014 10:15:19 PM     Post Reply
intelligence community has observed a “significant increase” in chatter among terrorist organizations as the 13th anniversary of the Sept. 11, 2001 terrorist attacks nears. “We’ve noticed a significant increase in chatter among Islamic terrorist organizations overseas both on the Internet and phone lines,” a U.S. government official, speaking on condition of anonymity, told The Blaze. While the intelligence community can not pinpoint whether or not an attack is planned, the official said that agencies “did see this kind of increase in chatter before the September 11 attacks.”


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