Monday, August 4, 2014

House of Representatives authorizes constitutional lawsuit against Obama

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Patrick Martin
The Republican-controlled House of Representatives voted Wednesday to authorize a lawsuit against President Obama charging him with violating Article I of the US Constitution, which reserves all legislative authority to Congress. The vote was 225-201, with all Democrats voting against along with five Republicans, some of whom favor impeachment of Obama rather than a lawsuit.
House Speaker John Boehner has not yet filed the lawsuit, although this seems likely in a matter of days. The suit would be the first such legal challenge brought by Congress, although it remains to be seen whether any federal court will agree to hear it, particularly since it is brought only by the House, while the Democratic-controlled Senate opposes it.
Federal courts have repeatedly declined to hear similar lawsuits brought by individual members of Congress over allegations of illegal actions by the White House, including those brought by liberal Democrats against Bush over the Iraq War and those brought by Republicans against Obama over his health care law, immigration and other domestic issues.
The House suit would be focused on a single administration action, Obama’s decision to grant a one-year extension of the mandate under the Affordable Care Act requiring employers with between 50 and 99 employees to offer health coverage.

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