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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
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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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