BOEHNERS LAWSUIT AGAINST PRESIDENT OBAMA WILL FAIL IN COURT In Speaker of the House John Boehners civil action against President Obama, Boehner will be required to prove his case “on the balance of probabilities,” under the standing law doctrine, which the Supreme Court has restricted the Congress from being a plaintiff with standing. The President did not make permanent changes to the law of the Patient Protection and Affordable Care Act, they were administrative changes, as is normal procedure for all laws passed by the Congress. The President used the legality of Article II of the Constitution to strengthen laws via executive orders, to make appointments via recess powers, to implement changes to immigration laws, which are not subject to judicial review, and utilized other authorities given to the President in Article II. Under the “standing” doctrine of the Constitution, or locus standi, a plaintiff bringing a suit in a federal court, under Article III of the United States Constitution § 2, cl.1, must have standing requirement, and prove injury-in-fact, causation, and redressability. Jurisdiction of the Federal Courts: uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/Jurisdiction.aspx Congressional Standing to Sue: An Overview, Updated June 19, 2001, Jay R. Shampansky, Legislative Attorney, American Law Division This is a great research article from the Congressional Research Service on standing. Legal Standing Under the First Amendment’s Establishment Clause, Cynthia Brougher, Legislative Attorney, September 15, 2009 fas.org/sgp/crs/misc/R40825.pdf Another great resource is the Federal Rules of Civil Procedure. Federal Rules of Civil Procedure (As amended to January 2, 2014): uscode.house.gov/view.xhtml?path=/prelim@title28/title28a/node85&edition=prelim Cornell University Law School - The Legal Information Institute - Standing Law/Locus Standi: law.cornell.edu/wex/standing If a plaintiff cant demonstrate that he/she/it is or will imminently be harmed by a law, the court will rule that the plaintiff lacks standing to bring the suit, and will dismiss the case without considering the merits of the claim of unconstitutionality. So why is Boehner suing the President, when he has a number of legal hurdles to overcome before he can bring a suit against the President that will be adopted by the courts? Answer? Political theater, nothing more!!!! Republicans are angry that the President boxed them in with his move on immigration. They no longer have leverage to force the President to their will. Since Boehner filed this suit, Im sure he is hoping that he can appeal it all the way to the Supreme Court, and have the conservatives on the high court rule in his favor, despite a 1984 ruling that expanded the standing doctrine, in Allen v. Wright, 468 U.S. at 755. https://supreme.justia/cases/federal/us/468/737/case.html ○○○●●●○●●●○○○●●●○●●●○○○●●●○ ADMINISTRATIVE LAW What is administrative law? There are two main types of administrative law: Rules and Regulations and Administrative Decisions Both are made by government agencies or commissions which derive their authority from Congress or a state legislature. Most of these agencies or commissions are part of the executive branch of government. What are administrative rules and regulations? The laws passed by the United States Congress or a state legislature do not go into detail about how the law is to be applied and enforced, or about the procedures to be used. This is the role of executive departments and agencies, which promulgate and administer rules and regulations that govern how the law will be carried out. Like statutes and case law, these rules and regulations are considered primary and binding law for citizens of the jurisdiction. Below are the Federal Rules and Regulations that direct executive branch agencies on administrating the laws passed by the Congress. FEDERAL RULES AND REGULATIONS Code of Federal Regulations: The Code of Federal Regulations (CFR) contains the rules and regulations of federal agencies, arranged by subject. These rules and regulations are first published in the Federal Register (described below). They are then arranged into 50 CFR “Titles” (such as Title 12: Banking and Title 40: Environment) and into section numbers within each title. All titles in the CFR are updated once each year to reflect any changes or amendments since the last updating. During the year, new changes are listed in monthly pamphlets called the “List of CFR Sections Affected,” or LSA. LSA pamphlets also list the Federal Register volumes and pages where the changes were published. GPO Access: gpoaccess.gov/cfr/index.html 1997 – current; some titles from 1996; searchable PDF Federal Register: The Federal Register, published since 1936, is the official daily publication for proposed and final rules and regulations, notices and activities of federal agencies. Other information helpful in determining the agency’s intent in proposing the rule (“regulatory history”), such as a discussion of its background and the need for the rule, its authorizing statute, the effective date, and agency contact information is often included. The Federal Register is currently published Monday through Friday, except federal holidays, with one year’s issues constituting a volume. Each issue also lists the “CFR Parts Affected in This Issue.” A cumulative monthly index is published; the December index is an annual index. GPO Access: gpoaccess.gov/fr/index.html Federal Agency Web Sites: Most federal agencies post their regulations on the agency’s official Web site. Links to agencies: usa.gov/Agencies/Federal/Executive.shtml.
Posted on: Sat, 22 Nov 2014 02:27:02 +0000
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