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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

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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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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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: peterfleming, 7/5/2014 10:33:12 AM     (No. 9911836)

Fox News, Breitbart, the Tea Party, independent filmmakers,
NOBODY is photographing this horrifying, organized criminal
invasion of aliens. Nobody in Washington is down there documenting that it´s happening and protesting 24/7.
Where is our own military justice system protecting our borders in this extreme emergency situation?
Why is our is our military not already going to the White House and arresting the traitor in chief and all his traitorous staff, including Boehner and Cantor?
There has to be an alternative plan in place for such open betrayal. Where is the guidance of the Supreme Court?
Any one of them can speak out ! This is communist planned chaos, and there are too many communists and muslims in control already, as Allen West proclaimed many months ago.

The is a conspiracy of traitors in Washington, the media/press
academe and of Course, George Clooney´s Hollywood.

Last ditch stand, isn´t it past time for Jon Voight, Sylvester Stallone, Bruce Willis, Chuck Norris, Gary Sinise, Mel Gibson,
Jason Statham, and many more, TO COME OUT and for the first time, SPEAK WITHOUT A SCRIPT, LEAD AMERICANS where
cowardly elected officials will not dare go?

Let´s hear from Americans who have the attention of the public, let´s hear them ALL go wide in protest and action.

And these lawyers, too !
Even with Dinesh D´Souza´s brilliant documentary AMERICA,
in 1100 theaters right now, the re is no protesting to this
evil, child molesting invasion.

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Reply 20 - 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 21 - Posted by: chicodon, 7/5/2014 10:38:54 AM     (No. 9911842)

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

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Reply 22 - 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 23 - 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 24 - 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 25 - 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 26 - 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 27 - 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 28 - 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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Daily Beast, by Russell Saunders    Original Article
Posted By: StormCnter- 7/24/2014 5:13:54 AM     Post Reply
Despite multiple studies showing no link between vaccines and autism, RFK Jr. continues to use his position to spread that lie. What will it take to make him stop? If you’re headed to Capitol Hill with a cause, it helps to be a Kennedy. For Robert Kennedy Jr., scion of America’s most storied political family, all it takes is his name to arrange face-to-face meetings with two powerful Senators. As a physician who has traveled to Washington, D.C., with health-care advocacy groups on a number of occasions, I envy the access he displays in a recent profile in The Washington

Opponents say prolonged
execution offers more evidence for
challenge to lethal injection

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Associated Press, by Staff    Original Article
Posted By: earlybird- 7/24/2014 6:15:03 PM     Post Reply
ST. LOUIS – The nation´s third botched execution in six months offers more evidence for the courts that lethal injection carries too many risks and amounts to cruel and unusual punishment, death-row lawyers and other opponents said Thursday. Death-penalty opponents say the execution of an Arizona inmate who took two hours to die shows that state experiments with different drugs and dosages are a callous trial-and-error process. The result: Every few months, an inmate gasps, chokes and takes an unusually long time to die. "These executions are experiments on human subjects," said Cheryl Pilate, an attorney for several Missouri death-row

Poll: One-third say impeach Obama
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Politico, by Jonathan Topaz    Original Article
Posted By: Drive- 7/25/2014 7:37:43 AM     Post Reply
One third of Americans think President Barack Obama should be impeached, a new poll says. According to a CNN/ORC International poll released Friday, 33 percent of Americans think the president should be impeached and removed from office, compared with 65 percent who say they don’t support impeachment. Fifty-seven percent of Republicans say they support impeaching Obama, compared with just 35 percent of independent voters and 13 percent of Democrats. When asked about when Congress should attempt to impeach a president, 79 percent of Americans said it should only be used if there is evidence of a serious crime — such as

Syrian Islamist group planning terror
attack on Norway in days, warns
country´s intelligence service

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Daily Mail [UK], by Simon Tomlinson    Original Article
Posted By: Attercliffe- 7/24/2014 5:59:26 AM     Post Reply
Norway´s intelligence service today said it has received information about an imminent ´concrete threat´ against Norway from people with links to Islamic fighters in Syria. Benedicte Bjoernland, the head of Norwegian security service PST, said the agency had received ´reliable information´ from a foreign partner about some kind of attack ´within days´. ´It was unspecific about what the target might be,´ Bjoernland said, adding PST has no information about how or when such an attack would take place. The information involves people who have ties with foreign fighters in Syria, she added. According to PST´s assessment last month, about 50 people have travelled

White House Fears Impeachment
If Obama Unilaterally Grants Amnesty

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Breitbart Big Government, by John Nolte    Original Article
Posted By: JoniTx- 7/25/2014 4:04:43 PM     Post Reply
As is always the case with anything involving former-Alaska Governor Sarah Palin, our unbiased, objective, not-at-all-liberal media couldn´t wait to mock her impeachment case against President Obama -- but not everyone is laughing. According to reporting from The Hill, The White House fears exactly that should the president take executive action to grant amnesty to thousands of illegals. Senior White House advisers are taking very seriously the possibility that Republicans in Congress will try to impeach President Obama, especially if he takes executive action to slow deportations. Dan Pfeiffer, a senior adviser to Obama, said Friday that the White House

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