Separation Of Powers: John Boehner’s lawsuit against President Obama is being mocked by the very same people who dismissed an earlier challenge to Obama’s imperial ways — one the Supreme Court unanimously upheld. That case involved Obama’s decision in early 2012 to make “recess” appointments to several key posts, though the Senate was still in session. As with Boehner’s proposed suit, it was widely ridiculed as a “political stunt” without legal merit that would end up backfiring on the GOP. Laurence Tribe, the left’s favorite constitutional law professor, said, “Whatever standards the courts ultimately adopt . . . this case ought to be a slam-dunk.” New York Times editorial page editor Andrew Rosenthal argued that “Republicans have taken political . . . opposition to a new extreme.” Senate Majority Leader Harry Reid expressed his utter disdain this way: “How do I feel about that? How do I describe ‘I don’t care’? Because I don’t.” But Jonathan Turley — a George Washington University law professor and generally an Obama supporter — took it seriously. Writing in USA Today in February 2012, Turley argued that Obama’s attempt to circumvent the legislature with these appointments “strikes at the very heart of our system of government and dangerously tips the balance of power.” He added that “replacing an intransigent Congress with an imperial president is no bargain for those who value our constitutional system.” Turns out Turley had it right. So right, in fact, that the Supreme Court ruled unanimously that Obama violated the Constitution in making those appointments. It’s worth noting that the same cast of characters also mocked legal challenges to ObamaCare until the high court found several chunks of it unconstitutional. Now these stray shooters are busy ridiculing Boehner’s legal challenge, which seeks to rein in Obama’s many other efforts to circumvent Congress. Tribe says of the suit, “There’s no there there,” adding that it’s “painfully clear that it lacks merit.” The Times’ David Firestone calls the suit a “mean-spirited attempt to deflect attention — specifically from the House’s refusal to engage in the act of governing.” Reid took to the Senate floor this week to dismiss it as “a show trial” better suited for Judge Judy, who “would throw this case out in a half a second.” And Turley? Well, once again, he’s taking it seriously. At a congressional hearing on Wednesday, he described Obama’s effort to bypass Congress on a range of fronts as “one of the greatest challenges to our constitutional system in the history of this country,” and one that “threatens a fundamental change in how our country is governed.” Noted Turley: “It is tempting to embrace rule by a single person who offers to govern alone to get things done. However, this is the very siren’s call that our Founders warned us to resist.” Turley described the House’s legal challenge a “historic step to address the growing crisis in our constitutional system.” Once again, Turley has it exactly right.
Posted on: Thu, 17 Jul 2014 12:12:03 +0000
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