Boehner’s Frivolous Law Suit Is A Shiny Object For His Intellectually Challenged Base

psycho boehner

Sanity has definitely left the building when the Party of Unitary Executive President George W. Bush tries to make the case that Barack Obama has abused his powers under the Constitution.  Since the Supreme Court’s ruling on recess appointments, Republicans have tried to stretch the significance of the ruling to somehow suggest it “proves” that John Boehner is right to sue the President at the taxpayers’ expense.

The fact is, there is no jurisprudence on recess appointments.  Combine that with the fact that congress refused to hold hearings or vote on President Obama’s nominees. Logically speaking, since there is a constitutional power for the President to appoint people during recess, what he did amounts to using common sense.  Compare that with the Bush Administration’s water boarding program, considering that water-boarding was found unconstitutional 50 years ago, and the allies called it a war crime 20 years before that.

Throughout Barack Obama’s Presidency the Tea Party controlled Republicans have indulged in paranoid fantasies about the president’s birth certificate, waged off the top rhetoric that only the most intellectually challenged would accept, wasted millions of taxpayer dollars on sham hearings and held the economy and the government hostage with obscene ransom demands.

Now John Boehner wants to sue the President under the theory that exercising his constitutional powers somehow caused a great harm to Congress.  A part of me really wants to use that logic to sue the romper room congress for the overreach inherent in their repeated attempts to circumvent women’s reproductive rights as guaranteed under the constitution as decided by the same court and for that matter Mr. Boehner’s efforts to sabotage implementation of the Affordable Care Act.

The party that continues to defend the Bush Administration’s unitary executive doctrine  overlooks the fact that the same Court also found that the Bush Administration’s interpretation of executive power violated the Constitution in Hamdi v. Rumsfeld.  There is a qualitative difference between President Obama’s decision to exercise the now moot recess appointment power after the do nothing congress refused to even vote on his nominees to the NLRB and the Bush Administration’s decision to deny an American Citizen several of his constitutional rights by sending him to the unilaterally created Star Chamber at Guantanamo Bay.  Let’s not forget that even under a Military Tribunal void of many of the constitutional protections Americans have under our judicial system, cases were thrown out as a result of the Bush Administration’s use of torture to obtain that evidence.  Torture is a crime under our criminal code, not to mention cruel and unusual punishment (thus violating the constitution) while also violating the Geneva Conventions of 1949 – not to mention the laws under which we prosecuted Nazis and Japanese warriors following World War II.

Ironically, President Obama has shown restraint compared to Bush regarding the number and scope of Executive Orders and signing statements.  Nothing President Obama did at any time in his presidency comes close to the Bush Administration’s use of the Unitary Executive Doctrine to usurp both Congress and the Supreme Court.

So forgive my utter contempt for Mr. Boehner’s latest political stunt – namely his threat to sue the President under the pretense that the do nothing congress was harmed because the President attempted to do something under a power the Roberts Court ADMITS the President has. That is qualitatively different from the Bush Administration’s interpretation of its powers under Article 2 that the Executive is above the law and that is exclusively because John Yoo says so.

First, let’s talk about the very basic reality that the legislation enabling Boehner to sue the President is dead in the water.  No doubt, the romper room members of the House will pass it, but it won’t pass the Senate and it sure as hell won’t be signed in to law by the President.  Either Mr. Boehner knows that, which makes this yet another exercise in bovine fecal matter, or he is unfamiliar with the constitutional requirements to make law.

Also, the House will never have standing by itself to sue the President for not enforcing any other law it passed.  (A favorite example of purportedly under enforced laws are the immigration statutes).  The Senate would have to join that suit because without the Senate’s approval, no bill will ever amount to anything the President has to enforce.  In other words, both the House and Senate have to have standing in order for the harm to be complete enough to bring suit.  I’ll bet Harry Reid will never bring a vote to say so.

It’s difficult to take Boehner’s threat to sue seriously because even if there was merit to his case (which there isn’t) he doesn’t have standing.  Peter M. Shane, a professor of law at the Ohio State University explained it to Think Progress:

Noting that there have been very few cases of Congress suing the executive over administrative discretion, Shane observed that the courts would likely find some doctrinal excuse “to get out of the way of an inter-branch food fight” between the legislative and executive branches.  “The biggest problem would be standing,” he observed, noting that if the courts allowed Congress to sue “whenever any statute is implemented with what it considered to be insufficient speed or comprehensiveness,” opening of floodgates wouldn’t “even begin, as a metaphor, to cover the disaster that would represent.”  (my bold)

Since Boehner wouldn’t have standing any attempt to waste more tax dollars by suing the President for doing his job a court would dismiss the case without considering the merits.

That said; let’s talk about the hubris behind claims that the Supreme Court’s ruling is “proof” that President Obama has a “casual approach to the rule of law”  because the ruling was unanimous vs. the merely “difference” of opinion of other Supreme Court rulings.

Actually, power grabs are part of the authoritarian conservatism we see in the Tea Party controlled Republicans in Congress and the conservative Justices on the Supreme Court.  Citizens United wasn’t based on legal principles, the constitution nor on jurisprudence.  In fact, the Roberts wing of the Court threw out decades of jurisprudence in a ruling based on something other than legal principles.

In fact, according to Geoffry R. Stone’s comments to the NYT on the difference between Liberal and Conservative SCOTUS Justices when they rule on important cases. While Liberal justices tend to rule based on legal principles, conservatives alternate between judicial activism for the rich and more deferential when it comes to everyone else’s rights.

Something is motivating them other than a completely neutral detachment.  They chose to be activist in certain types of areas, and strike down law when laws disadvantage the wealthy,” Stone said in my telephone conversation with him.  The conservative majority takes “an aggressive, muscular approach” in striking down a key provision of the 1965 Voting Rights Act, but then “suddenly becomes very passive in deferring to the legislature in the voter ID case.”

The fact is the do nothing Mr. Boehner and his crew of Koch puppets are in no position to sue the President for doing his job, not doing his job or whatever.  They don’t have standing, they won’t get standing and frankly Boehner knows it.

Image: U.S. News

26 Replies to “Boehner’s Frivolous Law Suit Is A Shiny Object For His Intellectually Challenged Base”

  1. “At taxpayer expense” cannot be underscored enough. Further, acts to appease the base like this one just continue to isolate the GOP from the rational members they do have. I say “game on!”

  2. It is far past time and wasted millions (billions?) in private attorney fees by the Repigs to STOP THE IDIOCY.

    When the Repigs sue over every damn thing, it is NOT government lawyers who are doing this work. For all the HOWLS over ‘trial lawyers’ the Repigs pay VAST SUMS of TAXPAYER DOLLARS to defend these asinine and frivolous lawsuits not to mention the WASTED BILLIONS on Repigs continued RACIST efforts to thwart anything President Obama and the Democrats put forth to help American citizens.

    The Repigs have proven time and time again since the 2008 election they are doing all of this OBSTRUCTION for one reason – the GOP IS RACIST and I now apply that to anyone who claims (R), including the MSM.

    I am damned sick and tired of it.

  3. If this is true things will get very very interesting:

    The administration has been signaling for months that it would take unilateral executive action if the House of Representatives didn’t act on the Senate’s immigration reform bill. Now, the Democrats are ratcheting up the pressure

    The Obama administration is “not bluffing” in its intent to take executive action on immigration policy if House Republicans don’t act soon, top Democratic leaders warned Thursday.

    President Obama has delayed any potential changes to his deportation policy to allow House GOP leaders time to bring legislation to the floor this summer. But if the Republicans don’t act in July, the Democrats say, unilateral changes by Obama are inevitable.

    “We’re at the end of the line,” Sen. Robert Menendez (D-N.J.) said Thursday during a press briefing in the Capitol.

  4. Perhaps this little ploy of Boehners to sue Obama is a self defeting desire to hand the Democrats big victories in November? While trying to fire up his own base he has certainly incited the Dems. Donations are are up, enthusiasm is up, and I believe voter turn out will be up.

    People are fed up with obstructionism. While the Dem turn out may go up slightly. I believe we will get votes from from moderate repubs who are tired of the insanity that has taken over their party.

  5. I can hardly wait to see the next lawsuit.This is one sure way to do nothing.The worst thing is we are paying these people.

  6. You beat me to it djchefron. Boehner has been dragging his feet for over a year. All of a sudden the President gives him a deadline and in a fit of blind panic he tries to stop Obama from making him do his job.

    Besides the fact by the time this winds its way through the court system PBO will be long gone. Hopefully the 2014 election will put an abrupt end to this idiocy.

  7. When is the “liberal press” going to confront these unhinged hypocrites? The corporate owned scum are a HUGE PART OF THE PROBLEMS THIS COUNTRY FACE. They make big bucks to make their corporate masters happy at the expense of 99% of the country and are NEVER HELD ACCOUNTABLE.

  8. I hope the Dems and PBO do it and when his drunkenness files suit right before the election, well I see another 3 to 5 points jump in our vote totals. Lets face it the xenophobes will never vote democrat and they will pressure the orange Julius to really jump the shark

  9. the democrats need to make sure that their voters are well aware of this. if they want to see a spike in democrats voting come novmber, this is it.

    democratic voters can become just as riled up as their insane gop counter parts.

  10. Boehner is a freighted little man, scared of his own shadow. Who would think the third most powerful man in the U.S government, is a weeping pussy, dripping with infection. This pathetic coward can’t win on issues so he must lie and cheat to stir up the dumbshits called teabaggers. I think the President should sue Boehner for being a Republican slut, selling his ass to get banged by the teabaggers, who enjoy pissing on this weak little coward. This stupid ass was asked what in particular he would sue the President over, and as usual, he had no answer, he has to check with his boss, some jerkwater Teabagger in dumbfuck, USA, to find out what he should do.This piece of shit is directly responsible for the 7% approval rating for the House of Reps he presides over.

  11. The “liberal press” will do nothing. They’re corporate-owned, and pretty much in the tank for the repubes.

  12. Boner & all of the Kochheads are SOS (stuck on stupid) and it’s time to take the garbage out of our government which is for the people,by the people and of the people.

  13. perhaps the taxpayers need to take up a fund and sue the obstructionists in Congress, including one John Boehner, for malpractice. Failure to do the job that they were elected to do should not only be grounds for impeachment, but be held against them financially. Freeze all their accounts (allowing them enough to live on, say, the equivalent of the minimum wage times 40 hours) until such court cases are settled. After all, they believe that $7.25 an hour is enough to live on. Of course, while DC’s minimum wage will go up to $8.25 on July 1, since their employers are in the various states, it would behoove them to stick with the minimum wage of their district.

  14. Tim

    Boehner’s law suit may go all the way to SCOTUS–
    The judges have shown they are intellectually challenged.
    Scary times we live in.

  15. It will be thrown out of the first court its presented in. The SCOTUS HAS ALREADY DECIDED ON THE LAW.!
    Raines v. Byrd, 521 U.S. 811 (1997), was a United States Supreme Court case in which the Court held individual members of Congress do not automatically have standing to litigate the constitutionality of laws affecting Congress as a whole

  16. My mom and dad who are Republican base voters solely for religious reasons, admitted to me they understood why I am a Liberal. They finally awoken to Republicans’ hypocrisy.

  17. Should this reach the Supreme Court, I wouldn’t place any bets. This court has been very favorable towards the rethug thought process and may just vote the way this group of people want. After all, this Court just made a decision against the buffer zone around clinics, but kept the one around the Court. A 100ft one. So, anyone thinking this Court would vote in favor of the people, lives in a fantasy land. Before this Court is done, we the people, will lose more rights then we ever thought possible.

  18. TRoN33 I read your post about three times, each with absolute surprise. Finally thought, rethugs can really awake from the trance they usually are in? Lets hope it act as an infectious agent and infects many..

  19. i think boehner knows its all BS, he’s gone put this through to appease those in the right who think he’s done nothing , and when he’s shot down hell claim victim like the right loves to do

  20. Yep, and once we lose rights, we will never get them back, no matter who is President. Please everyone get out and vote 2014 blue

  21. What is a repig? Why the name calling? We win on our ideas n o t our insults. Time is on our side! We can be nice.

  22. Hey, let them continue to do nothing. Then MAYBE the people who give a damn will finally elect enough Democrats to run roughshod over the pansy tea sippers.

    How DARE they take their outrageous salaries while doing NOTHING to take America forward?

    What they want is what the Kochs want: No regulations and no taxes, total freedom to pollute as they please. That is NOT what this country is about.

    Let the jackasses continue to mess up the country and see if people grow some courage to kick the bastards out!

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