GOP, Dems fight over legality of suing Obama

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WASHINGTON (AP) — Constitutional lawyers backing a planned House Republican lawsuit against President
Barack Obama told a congressional committee Wednesday that the action is justified because Obama has
exceeded his powers in carrying out his health care law.
Attorneys allied with Democrats in opposing the election-year suit said it’s the GOP that’s going too far
by trying to resolve a political dispute by handing the question to the federal courts to decide.
The lawyers appeared Wednesday before the House Rules Committee, which is considering Republican-written
legislation authorizing the House to file the lawsuit. House Speaker John Boehner, R-Ohio, has said he
wants to take legal action because Obama has abused his authority to carry out laws Congress approves,
specifically by delaying a health care law requirement that many employers provide health coverage for
their workers.
In recent months, Republicans have attacked Obama for taking actions like having the Environmental
Protection Agency curb emissions from coal-fired power plants, raising the minimum wage for federal
contractors and blocking the deportation of children illegally brought into the U.S. by their parents.
GOP lawmakers say their lawsuit is simply an attempt to defend Congress’ powers against a president who
they say has made a habit of acting unilaterally to carry out his personal policy preferences.
“This is not a political issue. This is not an issue that should pit Republicans against Democrats,” said
Rep. Pete Sessions, R-Texas, the Rules Committee chairman.
“Any person interested in our Constitution and our brilliant system of separation of powers should be
worried about what is currently happening in our country,” Sessions said.
Democrats mocked the legal action as a purely political exercise that is doomed to failure but aimed at
appeasing conservatives who want to see Obama impeached. The Rules committee’s top Democrat, Rep. Louise
Slaughter of New York, called it “preposterous” and noted that in effect Republicans are filing suit
over a delay in a part of a law that every GOP lawmaker opposed and that the House has voted about 50
times to repeal or pare back.
“This is a partisan political stunt timed to peak in the House of Representatives in November, right as
the midterm elections are happening,” Slaughter said. “The House majority is suing the president simply
for doing his job.”
The House is expected to vote on the resolution allowing the chamber to file a lawsuit before it leaves
for its August recess.
On Wednesday, each party invited a pair of law professors to testify and defend their positions.
“You not only have a right but a deep obligation to protect” Congress powers, George Washington
University law professor Jonathan Turley, who was invited by Republicans to testify, told the committee.
“It is not a political question when this body goes to court and says the president has exceeded his
authority.”
Elizabeth Price Foley, a law professor at Florida International University, disputed Democratic claims
that the lawsuit was invalid in the first place because Obama has not infringed on Congress’ powers to
pass laws. She said Republicans have “an excellent chance” of winning a dispute over the meaning of the
constitutional provision that the president “shall take care that the laws be faithfully executed.”
That was countered by attorney Simon Lazarus of the Constitutional Accountability Center, a Democratic
witness who said the Constitution gives presidents authority to make reasonable and needed adjustments
as laws are translated into government action.
“Exercising presidential judgment in carrying out laws into execution is precisely what the Constitution
requires,” said Lazarus. He said GOP claims that Obama has exceeded his powers “import the Constitution
into what are, in reality, political and policy debates.”
Attorney Walter Dellinger warned that having the courts settle disputes when the president doesn’t
administer a law the way the House wants “would be an unprecedented aggrandizement of the political
power of the judiciary.”
“Such a radical liberalization of the role of unelected judges in matters previously entrusted to the
elected branches of government should be rejected,” Dellinger said.
Responding to outcries from business groups, Obama has twice delayed the so-called employer mandate
section of the 2010 health care law. The law requires companies with 50 or more employees working 30 or
more hours a week to offer health care coverage or pay fines. It exempts small businesses with fewer
than 50 workers.
The requirement was initially supposed to take effect this year. Companies with 50 to 99 employees now
have until 2016 to comply, while bigger companies have until next year.

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