House v. Obama? It's On
Lawmakers to vote on measure to sue the president.
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Bringing It - On July 30, the U.S. House of Representatives is set to vote on a measure to pursue a taxpayer-funded lawsuit against President Obama. Everyone wins except the American public. During their five-week summer recess, Republican lawmakers can go home and tell voters they're sticking it to Obama, while Democrats can use it to convince their supporters that hurting the president is a greater priority than supporting them. Here's the who, what and why. —Joyce Jones (@BETpolitichick) (Photo: Mark Wilson/Getty Images)
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Why Are House Republicans Suing Obama? - Republicans are angered by President Obama's decision and determination to act on his own when possible on issues such as immigration and minimum wage. The court case, however, will center on the president's decision to defer the employer mandate in the Affordable Care Act to provide health insurance. (Photo: Carolyn Kaster, File/AP Photo)
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Boehner's Take - "Given the groundbreaking nature of this legal action, we want to assert our clearest constitutional position. The fact we agree with a change that should have been made in law makes this case clearer to the court," wrote House Speaker John Boehner in an op-ed published on July 27 in USA Today. "I oppose the employer mandate in the president's health care law. The House of Representatives has voted to delay or eliminate it (and we will do so again if we prevail in court). But it is the letter of the law that was passed by Congress and signed by President Obama. He simply cannot unilaterally rewrite it." (Photo: Win McNamee/Getty Images)
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After the Vote - The House will likely vote to approve the lawsuit by party lines. Then a federal judge will decide whether the case has legal standing. If he or she believes that it does, lawyers for the Obama administration and the House will each make their case in federal court. The judicial process could take months to resolve. (Photo: Chip Somodevilla/Getty Images)
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What Are the Odds? - At a House Rules Committee hearing held to debate its merits, experts had opposing views. “When a president unilaterally waives, delays or suspends a law such as the ACA, he squelches any opportunity to have a robust, political debate about the workability of the law, and thereby undermines democracy itself,” said Elizabeth Price Foley, a professor of law at Florida International University College of Law. But according to Rep. Jim McGovern (D-Massachusetts), House GOP leaders are pushing the measure to appease Republican "cuckoo clocks" who would rather impeach the president. (Photo: Win McNamee/Getty Images)
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A Political Stunt? - "Their big idea has been to sue me," the president said during remarks delivered in nearby McLean, Virginia. "That's what they're spending time on — a political stunt that wastes America's time and taxpayer dollars." (Photo: Jewel Samad/AFP/Getty Images)
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True That - "It's a stunt and an effort to try to make the president look bad. It's about distraction and while thy are distracting us and people are talking about the suit, jobs are not being created. They're basically doing nothing to help the American people," said Rep. Elijah Cummings (D-Maryland). "It's not going to go anywhere. It's a bunch of crap. Quote me on that." (Photo: Chip Somodevilla/Getty Images)
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It's Going to Get Serious - "This is very serious, and it is going to go somewhere. It may not go to a jury but it goes before a judge. And the fact that this is the speaker of the House bringing the action, it's going to get prime time," said Rep. G.K. Butterfield (D-North Carolina), a former judge. (Photo: Chip Somodevilla/Getty Images)
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Di Minimus - "If the president's decision to [extend the employer mandate] is a violation, it is certainly di minimus, which means it won't be recognized by a court; it's insignificant in the scheme of things," said Butterfield. "There are a lot of members who don't like President Obama and will do anything to discredit him but I don't believe the House will authorize a frivolous lawsuit." (Photo: Tom Williams/Roll Call)
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Rule 11 - "If you bring a lawsuit that's proven to be frivolous you yourself can be made to bear the cost of the litigation. I think Obama needs to assert a Rule 11 against the speaker and make him personally responsible for the expenses of the litigation," Butterfield added. (Photo: Getty Images)
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