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MohRokTah

(15,429 posts)
Sat Jul 12, 2014, 11:49 AM Jul 2014

PREDICTION: The Boehner suit against President Obama will be dismissed.

The judge will rule their argument is a political argument, that Boehner personally and the House in general can demonstrate no injury from President Obama's actions and thus lack standing for the matter at hand.

Sorta like how every last Birther case was dismissed due to a lack of standing.

Now, there are people who would have standing out there. Any employee who works for the special class of employer who was allowed to put off purchasing the insurance for a year can demonstrate they were injured due to losing out on employer provided insurance as mandated by the law. But even if the right wing found a person who would have standing and had that person bring suit, it would be too late as we are only months away from the mandate being put into effect any way, thus the courts would have no need for a solution.

14 replies = new reply since forum marked as read
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PREDICTION: The Boehner suit against President Obama will be dismissed. (Original Post) MohRokTah Jul 2014 OP
I am no lawyer but, Kelvin Mace Jul 2014 #1
But Orange Man has yet to understand that the next best way to lose in 2014 MoonRiver Jul 2014 #2
True, but he'll be toast right NOW if he doesn't throw enough crazy to the RW "base" Populist_Prole Jul 2014 #14
that's precisely what Laurence Tribe said malaise Jul 2014 #9
Yeah I doubt they Reach Merits-They Will Dismiss on Standing/Jurisdiction Stallion Jul 2014 #12
As it should (nt) bigwillq Jul 2014 #3
I am not a lawyer redstatebluegirl Jul 2014 #4
All court decisions can be appealed MohRokTah Jul 2014 #5
Not only will it be dismissed but the judge who dismisses it will be ROFLHAO tularetom Jul 2014 #6
"Immerito" Historic NY Jul 2014 #7
I may get crucified for this... Calista241 Jul 2014 #8
With regards to the presidency, a "high crime or misdemeanor" is... MohRokTah Jul 2014 #11
Boehner has no standing to bring this lawsuit Gothmog Jul 2014 #10
President has immunity from lawsuits related to actions taken NYC Liberal Jul 2014 #13
 

Kelvin Mace

(17,469 posts)
1. I am no lawyer but,
Sat Jul 12, 2014, 11:58 AM
Jul 2014

it seems to me it can be dismissed based on the fact that the Constitution specifically lays out remedies for dealing with the president if he violates his oath of office. It's called "impeachment". Amazingly, John "That color doesn't exist in nature" Boehner actually understands that the fastest way to lose badly in 2014 is to impeach, thus this frivolous law suit.

If I were the judge I would dismiss the suit with sanctions against the plantif.

MoonRiver

(36,926 posts)
2. But Orange Man has yet to understand that the next best way to lose in 2014
Sat Jul 12, 2014, 12:00 PM
Jul 2014

is to bring a frivolous lawsuit against the President of the United States.

Populist_Prole

(5,364 posts)
14. True, but he'll be toast right NOW if he doesn't throw enough crazy to the RW "base"
Sat Jul 12, 2014, 02:33 PM
Jul 2014

We should come to expect things of this sort.

Stallion

(6,474 posts)
12. Yeah I doubt they Reach Merits-They Will Dismiss on Standing/Jurisdiction
Sat Jul 12, 2014, 02:09 PM
Jul 2014

...and never reach the (lack of) merit to Boner's argument

redstatebluegirl

(12,265 posts)
4. I am not a lawyer
Sat Jul 12, 2014, 12:03 PM
Jul 2014

but I am wondering, if this case does go forward and is ruled upon, does that leave the door open for appeal to the supreme court so these jerks can make more new right wing law?

 

MohRokTah

(15,429 posts)
5. All court decisions can be appealed
Sat Jul 12, 2014, 12:13 PM
Jul 2014

That does not mean the SCOTUS would grant cert, and the courts are loathe to get in between the legislative and executive branches.

Calista241

(5,586 posts)
8. I may get crucified for this...
Sat Jul 12, 2014, 01:46 PM
Jul 2014

But the executive branch has gotten too powerful IMO. Bush did basically whatever he wanted and nobody bothered to, or was capable of doing shit about it, and I personally would rather have more power in the congress.

Anything that reigns in the power of the Presidency, ANY Presidency, is a good thing in my opinion.

That being said, is "failing to enforce the law as written" a high crime or misdemeanor? If it isn't, then the courts may have redress, but whatever, not like anything is going to be resolved until 2018 anyway.

 

MohRokTah

(15,429 posts)
11. With regards to the presidency, a "high crime or misdemeanor" is...
Sat Jul 12, 2014, 02:08 PM
Jul 2014

whatever 218 members of the House and 67 members of the Senate can agree it is.

Period.

Impeachment and removal from office is a political process, not a legal process. The founders of this nation made it that way on purpose. Thus, a "high crime or misdemeanor" becomes whatever there is enough political will to impeach and convict a president over.

There has never in the history of the United States been a president who committed a high crime or misdemeanor as the Congress has never been able to impeach and convict any president for one.

It remains undefined to this day.

The current Congress could impeach Obama for having a Kenyan father and if 67 Senators vote to convict, having a Kenyan father is a high crime or misdemeanor.

NYC Liberal

(20,135 posts)
13. President has immunity from lawsuits related to actions taken
Sat Jul 12, 2014, 02:16 PM
Jul 2014

in the course of his official duties. No standing.

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