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Standing to Sue Obama
Wall Street Journal ^ | 5-4-14

Posted on 05/05/2014 3:33:46 AM PDT by afraidfortherepublic

The legal left and media are always last to know, but there are the makings of a correction in how the courts police conflicts between the political branches. President Obama's serial executive power abuses—on health care, immigration, marijuana and much else—may be inspiring a heathy rejoinder.

Under the Constitution, Congress is supposed to create and amend laws and the President to faithfully execute them, but Mr. Obama has grabbed inherent Article I powers by suspending or rewriting statutes he opposes. The President has usurped Congress with impunity because he assumes no one has the legal standing to challenge him.

Most of the time people who are exempted from laws do not suffer the concrete injuries that the judiciary can redress, while the courts maintain a presumption that Members of Congress also lack such standing. In 1997's Raines v. Byrd, the Supreme Court rejected a lawsuit against the line-item veto brought by six Congressmen because the loss of legislative power they challenged was a "wholly abstract and widely dispersed" injury.

But that doesn't mean that conduct that marginalizes the legislative branch is absolved of judicial review. In one notable case, Wisconsin Senator Ron Johnson is suing the White House over the ObamaCare regulatory carve-out that conjured up special subsidies for Members and staffers who were supposed to give up federal employee health benefits to join the insurance exchanges.

(Excerpt) Read more at online.wsj.com ...


TOPICS: News/Current Events
KEYWORDS: obama; ronjohnson; ruleoflaw; searationofpowers

U.S. Senator Ron Johnson (R-WI) speaks during a news conference on Capitol Hill in Washington January 6, 2014

1 posted on 05/05/2014 3:33:47 AM PDT by afraidfortherepublic
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To: afraidfortherepublic; Hunton Peck; Diana in Wisconsin; P from Sheb; Shady; DonkeyBonker; ...

Ron Johnson suing Obama. Read the whole thing. This is interesting and good on Ron!

FReep Mail me if you want on, or off, this Wisconsin interest jping list.


2 posted on 05/05/2014 3:35:46 AM PDT by afraidfortherepublic
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To: afraidfortherepublic; Hunton Peck; Diana in Wisconsin; P from Sheb; Shady; DonkeyBonker; ...

Just in case you’ve forgotten, Johnson is the legislator whose questions prompted Hillary’s outburst on Benghazi. (”What difference does it make?”)


3 posted on 05/05/2014 3:38:19 AM PDT by afraidfortherepublic
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To: afraidfortherepublic
Time for a 21st Century Watergate?

Has Obama opened a monstronous Watergate that flooding the country with Crime coming from the White House, IRS, NSA, etc.

Maybe 1600 Penn Ave is now the home of Idiots-R-US, or is that the new name of the IRS.

4 posted on 05/05/2014 3:46:23 AM PDT by topher (Traditional values -- especially family values -- which have been proven over time.)
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To: topher
Added to breaking... If the WSJ will title an article as such, it sounds like a battle is brewing in Washington.

[By the way, if the NSA does not stop MONKEYING with my FREE SPEECH POSTING, I will start posting about NSA CAPABILITIES]

5 posted on 05/05/2014 3:48:23 AM PDT by topher (Traditional values -- especially family values -- which have been proven over time.)
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To: topher

[By the way, if the NSA does not stop MONKEYING with my FREE SPEECH POSTING, I will start posting about NSA CAPABILITIES]

Don’t make threats... just do it. Before you end up dead in a ditch for announcing that


6 posted on 05/05/2014 3:50:39 AM PDT by Mr. K (If you like your constitution, you can keep it...Period. PALIN/CRUZ 2016)
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To: topher
BMP - NSA - Related.

Just as when Hillary was First Lady, Bill and Hillary referred to the Secret Service as their Personally Trained Pigs, maybe now the THE NSA is Obama's Personally Trained Pigs

7 posted on 05/05/2014 3:51:35 AM PDT by topher (Traditional values -- especially family values -- which have been proven over time.)
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To: afraidfortherepublic

I respectfully submit that a bunch of folks in Nevada with rifles are exerting subtle influence in a number of places. Things happening that might not otherwise. Keep up the good work! Prayers for them.


8 posted on 05/05/2014 3:53:02 AM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: Mr. K
I believe these JERKS do things that BUMP off Michelle Malkin's niece. They like to send messages first.

I have been a target before...

I just do care for the fact that Obama is targeting PROLIFERS, TEA PARTY, and other truly patriotic Americans...

Basically, NSA is getting into a serious monitoring mode when my typing on a 4G connection is like a 110 baud teletype...

9 posted on 05/05/2014 3:54:46 AM PDT by topher (Traditional values -- especially family values -- which have been proven over time.)
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To: Mr. K

> [By the way, if the NSA does not stop MONKEYING with my FREE SPEECH POSTING, I will start posting about NSA CAPABILITIES]

Don’t make threats... just do it. Before you end up dead in a ditch for announcing that

Wear a neck brace and drive an older vehicle...: )


10 posted on 05/05/2014 4:06:03 AM PDT by jsanders2001
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To: All

So what if the Supreme Court rules against him...do they have the police force to enforce it?


11 posted on 05/05/2014 4:16:41 AM PDT by bennowens
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To: afraidfortherepublic

>>The President thinks he can disregard the laws, but judges are paid to defend them.<<

The President DOES disregard the laws and Roberts is paid to defend HIM.


12 posted on 05/05/2014 4:23:51 AM PDT by NTHockey (Rules of engagement #1: Take no prisoners. And to the NSA trolls, FU)
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To: afraidfortherepublic; LucyT; hoosiermama; maggief; null and void

Thanks for posting this article! The WSJ sums the situation up neatly.

All y’all, ping to this post!


13 posted on 05/05/2014 5:02:12 AM PDT by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: afraidfortherepublic; Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; ...

Of possible interest to the SCOTUS list.


14 posted on 05/05/2014 5:28:04 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: Mr. K

Right you are.


15 posted on 05/05/2014 5:32:52 AM PDT by sport
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To: topher

Never telegraph your punches.


16 posted on 05/05/2014 5:33:41 AM PDT by sport
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To: bennowens

Congress did not have the police force to enforce to Contempt of Congress action against Holder. Or they won’t. Either way, Obama had Holder told them to kiss their ass.


17 posted on 05/05/2014 5:37:28 AM PDT by sport
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To: BuckeyeTexan

” - - - The President thinks he can disregard the laws, but judges are paid to defend them. - - - “

Unless the Judges owe their lockstep loyalty to Obama for appointing them, such as NINE SUPREMES Chief Justice Traitor John Roberts.


18 posted on 05/05/2014 5:37:44 AM PDT by Graewoulf (Democrats' Obamacare Socialist Health Insur. Tax violates U.S. Constitution AND Anti-Trust Law.)
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To: Graewoulf

Say what? Obama didn’t appoint Roberts.


19 posted on 05/05/2014 6:48:11 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: topher
Time for a 21st Century Watergate?

Way past time. BUT one thing you can sure of, unlike Nixon this clown is not going quietly. He will instigate riots in all urban areas before he is frog marched out and then implement martial law. He is itching for a reason to call martial law
20 posted on 05/05/2014 6:59:44 AM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: afraidfortherepublic; Absolutely Nobama; aragorn; Art in Idaho; Aurorales; autumnraine; azishot; ...
Constitutional Eligibility

I'm Still Standing

21 posted on 05/05/2014 7:05:35 AM PDT by null and void ( They don't think think they are above the law. They think they are the law.)
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To: BuckeyeTexan
Say what? Obama didn’t appoint Roberts.

No but the clown blackmailed Roberts into switching his opinion on ACA at the last minute.
22 posted on 05/05/2014 7:16:11 AM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: BuckeyeTexan

But he has something on Roberts……i.e…….all the trash in him or his family closets.


23 posted on 05/05/2014 7:36:45 AM PDT by ducks1944 (GOD Bless the USA .)
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To: sport
It is more fun to see who tails you. I go silently from place to place, so it is hard for someone to follow me.

By silently, my cell phone is off 99% of the time.

I have encrypted my passwords so they are so badly garbled I have to use cut and paste to log on.

More fun to play the game this way.

Finally, when you notice you are being tailed by someone in a car, and you are in a bicycle, they have a hard time going slow enough to follow you -- especially without being noticed. And I have had that happen.

24 posted on 05/05/2014 11:59:09 AM PDT by topher (NSATraditional values -- especially family values -- which have - Obama's Personally Trained Pigs...)
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To: afraidfortherepublic
Just in case you’ve forgotten, Johnson is the legislator whose questions prompted Hillary’s outburst on Benghazi. (”What difference does it make?”)

Nothing will come of this. Congress and SCOTUS will say the same on the usurper. Congress has allowed him carte blanche on EOs and SCOTUS has "evaded" (per Thomas) the eligibility problem.

25 posted on 05/05/2014 2:03:46 PM PDT by bgill
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To: bgill

Bookmark


26 posted on 05/05/2014 2:08:11 PM PDT by publius911 ( At least Nixon had the good g race to resign!)
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To: Cheerio; ducks1944
No but the clown blackmailed Roberts into switching his opinion on ACA at the last minute.

The usurper has something on every one of them for Thomas to say they were "evading" the eligibility problem. "Evading" is way past avoiding it or not wanting to deal with it. It's knowingly shoving it under the rug to hide it as long as possible. Either Hillary gave him her FBI file on them or he did his own dirty work but there isn't anyone in politics who doesn't have a skeleton or two in their closets and he owns them all.

27 posted on 05/05/2014 2:13:34 PM PDT by bgill
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To: ducks1944
But he has something on Roberts……i.e…….all the trash in him or his family closets.

Anyone in that position should be disqualified from serving on the Supreme Court.
It used to be that being pro-sodomy was automatic disqualification.
Now it seems, it is imperative that, if you have any life experience subject to political blackmail, the same prohibition should certainly apply.

We can no longer rely on honor, morals, balls or whatever to know that a justice will rule on the basis of the law, not on the basis of his fear of personal, possible criminal "outing"!

28 posted on 05/05/2014 2:17:55 PM PDT by publius911 ( At least Nixon had the good g race to resign!)
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To: topher

God Bless you FRiend. Never forget that these are evil people and will not hesitate to kill you.


29 posted on 05/05/2014 3:29:58 PM PDT by sport
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To: sport
You cannot let that influence your stand on things.

Something I did for Lent (during Holy Week) was watching the film For Greater Glory. Basically, the atheistic government of Mexico in the 1920's went after the Catholic Church.

They would shoot priests for dressing as a priest.

I guess I am tired of the nonsense that is going on.

30 posted on 05/06/2014 1:09:01 PM PDT by topher (Standing for Traditional Family Values -- and strongly opposed to the values of the Demon Rats!)
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To: topher

Just fixing a tagline issue...


31 posted on 05/06/2014 1:11:26 PM PDT by topher (Traditional values -- especially family values -- which have been proven over time.)
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To: topher

I understand. I just wrote that out of concern for you. We all do what we have to do.


32 posted on 05/06/2014 5:27:38 PM PDT by sport
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