This morning I will be testifying as the lead witness before the House Rules Committee on the authorization of litigation by the House of Representatives to challenge the unilateral actions of President Obama. The authorization makes it clear that the House will focus on the ACA changes. The hearing will begin at 10 am in H-313 in The Capitol building. It will be aired live on C-Span 3.
I will be the lead witness followed by Elizabeth Price Foley, Professor of Law, Florida International University College of Law, then Simon Lazarus, Senior Counsel, Constitutional Accountability Center, and Walter Dellinger III, Partner, O’Melveny & Meyers LLP.
I would like to thank my incredible GW team for their proofing of the testimony. I have been in federal court and then federal mediation so this testimony was a crash project and, despite my getting the draft out on the day of the deadline, the team did a marvelous job late into the night. So thanks again to Claire Duggan, Michael Jones, Ann Porter, Nathan Richardson, and Conrad Risher.
Here is the testimony: Testimony.Turley.HouseRulesCommittee
I would like to dedicate this song to the Madam of the Presstitutes:
“a secular priesthood of sorts on whom depended the integrity of the law in principle, distinct from partisanship and the politics, for our society.”
Preamble
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
I wonder if we were told precisely what actions were taken by the Founders through the use of specific verbs or action words limiting government to security and infrastructure while securing the “blessings of liberty” (industry in the private sector without governmental interference) to only ourselves and our posterity, not the posterity of other nations and continents, only to have them nullified by incoherent, convoluted, arbitrary and ideological revisions from the aforementioned “secular priesthood,” its ilk and political allies bent on universal salvation, eschewing freedom and self-reliance?
Yep. It’s true.
They Established, Insured, Provided For and Promoted; that and nothing but that, so help them God. What, you ask – Justice, Tranquility, Common Defence and General Welfare (excluding individual welfare). Why, you ask – to facilitate the “blessings of liberty” which are our endeavors, businesses and industries (including education, charity and healthcare) conducted in the free markets of the private sector without governmental interference.
“Integrity of the law.” You don’t say?
Pity America.
Presstitutes cannot survive without their Johns (In the Fog of The Presstitutes – 3).
A “decompensating narcissist suffering low self-esteem” looking for a hooker is not called a “John” for nothing.
Squeeky Fromm, Girl Reporter
Beware the decompensating narcissists suffering low self-esteem that loiter on this site, craving the opportunity to go ad hominem. Factuality, rationality and objectivity are not prerequisite herein.
Universal salvation through proper indoctrination is the unassailable rationale for declaring endeavor, sacrifice and success evil, and imposing punitive taxation to accomplish it.
Pity America.
John
Isn’t impeachment the procedure for the Speaker?
===================
Nope.
It is crock tears. 😉
Crock me a river.
I’m no fan of restrictive standing as I’ve said many times. I hope the case is heard on the merits. I think we’ll see the SCOTUS afford the President considerable leeway in how the ACA is implemented. If not they will hinder Republican presidents as well assuming one of them ever wants to do something.
Is JT sayin’ that the courts should be the decider?
The courts, to his wry chagrin, have been saying “you two or three (Senate, House, Preznit) work it out.”
The nomenclature for it is “non-justiciable” I hear tell.
Does JT want to limit it to one department to solve the proble of one department?
Is this a Neo thingy (“he’s the One”)?
IOW is the one judicial department a solution to the problem of one department being the decider?
Just sayin’ …
jonathanturley also reminds me of the commencement speaker at my law school graduation who counseled us to always keep in mind that we were a secular priesthood of sorts on whom depended the integrity of the law in principle, distinct from partisanship and the politics, for our society.
This discussion thread reminds me of the thematic conflict in Atlas Shrugged (haven’t read the book by Rand but watched parts 1 and 2 of the recent movie version).
Squeeky:
Still waiting on your life story to compare. Please advise.
Isn’t impeachment the procedure for the Speaker?
This law suit makes Boehner look almost as feckless as the ineligible “president,” the illegitimate* son of a foreign citizen who was cleaned, polished, produced and foisted on the public by his puppet masters – an empty suit, lost in a “Purple Haze” of self-contradictory collectivist mysticism.
Does anyone see a “sleeping giant” out there; any objective rationality on the horizon?
Pity America.
*******************************************************************************************
Can anyone confirm the legality of the following paragraph:
* When is a child born out of wedlock and when is a child legitimate?
A child is “born out of wedlock” if the child’s parents 1) were not married when the child was conceived, 2) were not married when the child was born, and 3) have not married since the child was born. A child is automatically considered legitimate if the child was born when the parents were married. If a child was conceived during the parents’ marriage and they divorced before the child was born, that child is still considered legitimate. If parents marry after a child is born, that child is considered legitimate.
Good luck, Professor Turley! People like you are vital in keeping America a republic and not a dictatorship.
These are the judicial vacancies which Congress is too busy to consider:
Judicial Vacancies
First Circuit
◾ District of Massachusetts •1 vacancy
• Vacant since: 04/01/2014
•No nominee
Second Circuit
◾ District of Connecticut •1 vacancy
• Vacant since: 07/01/2014
• 1 nominee
• Victor Allen Bolden , nominated 06/13/2014 for seat vacated 07/01/2014 • Announcement
◾ Eastern District of New York •1 current vacancy
• Vacant since: 01/13/2014
• 1 future vacancy
• To be vacated: 05/01/2015
• 1 judical emergency
•No nominee
◾ Northern District of New York •1 vacancy
• Vacant since: 06/30/2013
• 1 nominee
• Brenda K. Sannes , nominated 05/08/2014 for seat vacated 06/30/2013 • Announcement
◾ Western District of New York • 1 future vacancy
• To be vacated: 03/08/2015
•No nominee
Third Circuit
◾ Court of Appeals •1 vacancy
• Vacant since: 07/01/2013
•No nominee
◾ District of New Jersey •1 current vacancy
• Vacant since: 01/31/2014
• 3 future vacancies
• To be vacated: 03/06/2015, 02/16/2015, 06/15/2015
• 1 nominee
• Madeline Cox Arleo , nominated 06/26/2014 for seat vacated 01/31/2014 • Announcement
◾ Eastern District of Pennsylvania •5 vacancies
• Vacant since: 07/13/12, 11/18/2013, 05/01/2013, 09/01/2013, 10/31/2013
• 4 nominees
• Wendy Beetlestone , nominated 06/13/2014 for seat vacated 07/13/2012 • Announcement
• Gerald J. Pappert , nominated 06/13/2014 for seat vacated 10/31/2013 • Announcement
• Joseph F. Leeson, Jr. , nominated 06/13/2014 for seat vacated 09/01/2013 • Announcement
• Mark A. Kearney , nominated 06/13/2014 for seat vacated 05/01/2013 • Announcement
◾ Western District of Pennsylvania •3 vacancies
• Vacant since: 04/24/2013, 09/30/2013, 08/16/2013
•No nominee
Fourth Circuit
◾ Court of Appeals •1 vacancy
• Vacant since: 02/28/2014
• 1 nominee
• Pamela Harris , nominated 05/08/2014 for seat vacated 02/28/2014 • Announcement
◾ District of Maryland • 1 future vacancy
• To be vacated: 10/03/2014
•No nominee
◾ Eastern District of North Carolina •1 vacancy
• Vacant since: 12/31/05
• 1 judical emergency
• 1 nominee
• Jennifer Prescod May-Parker , nominated 06/20/2013 for seat vacated 12/31/2005 • Questionnaire
• Announcement
◾ Middle District of North Carolina •1 vacancy
• Vacant since: 06/30/2014
•No nominee
◾ District of South Carolina •1 current vacancy
• Vacant since: 10/03/13
• 1 future vacancy
• To be vacated: 11/16/2014
• 1 nominee
• Alison Renee Lee , nominated 06/26/2013 for seat vacated 10/03/13 • Questionnaire
• Announcement
◾ Western District of Virginia • 1 future vacancy
• To be vacated: 08/01/2014
•No nominee
Fifth Circuit
◾ Court of Appeals •2 vacancies
• Vacant since: 08/01/12, 12/31/2013
• 2 judicial emergencies
•No nominee
◾ Middle District of Louisiana •1 vacancy
• Vacant since: 12/31/2013
• 1 nominee
• John D. deGravelles , nominated 03/13/2014 for seat vacated 12/31/2013 • Hearing Date: 05/20/2014
• Questionnaire
• Reported by Committee: 06/19/2014
◾ Western District of Louisiana • 1 future vacancy
• To be vacated: 3/6/2015
•No nominee
◾ Eastern District of Texas •2 current vacancies
• Vacant since: 10/1/11, 3/17/12
• 2 future vacancies
• To be vacated: 03/15/2015, 05/15/2015
• 2 judicial emergencies
• 2 nominees
• Robert William Schroeder, III , nominated 06/26/2014 • Announcement
• Amos L. Mazzant, III , nominated 06/26/2014 • Announcement
◾ Northern District of Texas •1 current vacancy
• Vacant since: 07/03/2013
• 1 future vacancy
• To be vacated: 01/15/2015
•No nominee
◾ Southern District of Texas •5 vacancies
• Vacant since: 06/01/11, 12/31/12, 03/02/13, 6/20/2014, 05/20/2014
• 1 judical emergency
•No nominee
◾ Western District of Texas •1 current vacancy
• Vacant since: 11/30/08
• 1 future vacancy
• To be vacated: 02/13/2015
• 1 judical emergency
• 1 nominee
• Robert Lee Pitman , nominated 06/26/2014 for seat vacated 11/30/2008 • Announcement
Sixth Circuit
◾ Court of Appeals •1 vacancy
• Vacant since: 08/16/2013
•No nominee
◾ Eastern District of Kentucky •1 vacancy
• Vacant since: 01/08/13
•No nominee
◾ Western District of Kentucky •3 vacancies
• Vacant since: 11/15/11, 02/01/2013, 04/01/2014
• 3 judicial emergencies
• 2 nominees
• Greg N. Stivers , nominated 06/19/2014 for seat vacated 11/15/2011 • Announcement
• David J. Hale , nominated 06/19/2014 for seat vacated 02/01/2013 • Announcement
◾ Eastern District of Tennessee • 1 future vacancy
• To be vacated: 10/31/2014
•No nominee
◾ Middle District of Tennessee • 1 future vacancy
• To be vacated: 12/01/2014
•No nominee
Seventh Circuit
◾ Court of Appeals •1 current vacancy
• Vacant since: 1/7/10
• 1 future vacancy
• To be vacated: 02/18/2015
•No nominee
◾ Northern District of Illinois •1 current vacancy
• Vacant since: 12/31/2013
• 1 future vacancy
• To be vacated: 11/16/2014
•No nominee
◾ Southern District of Indiana •1 vacancy
• Vacant since: 06/30/2014
• 1 judical emergency
•No nominee
◾ Eastern District of Wisconsin •1 vacancy
• Vacant since: 10/31/12
• 1 nominee
• Pamela Pepper (Clevert Vacancy) , nominated 05/01/2014 for seat vacated 10/31/2012
Eighth Circuit
◾ Northern District of Iowa • 1 future vacancy
• To be vacated: 06/04/2015
•No nominee
◾ Southern District of Iowa • 1 future vacancy
• To be vacated: 03/01/2015
•No nominee
◾ Eastern District of Missouri •1 vacancy
• Vacant since: 07/01/2013
• 1 nominee
• Ronnie L. White , nominated 11/07/2013 for seat vacated 7/01/2013 • Hearing Date: 05/20/2014
• Questionnaire
• Announcement
• Reported by Committee: 06/19/2014
◾ Western District of Missouri •1 vacancy
• Vacant since: 01/03/2014
• 1 nominee
• Stephen R. Bough , nominated 01/16/2014 for seat vacated 01/03/2014 • Announcement
◾ District of Nebraska • 1 future vacancy
• To be vacated: 10/03/2014
•No nominee
Ninth Circuit
◾ Central District of California •1 vacancy
• Vacant since: 03/13/2014
• 1 judical emergency
• 1 nominee
• André Birotte, Jr. , nominated 04/03/2014 for seat vacated 03/13/2014 • Hearing Date: 05/20/2014
• Questionnaire
• Reported by Committee: 06/19/2014
◾ Eastern District of California •1 vacancy
• Vacant since: 10/31/2012
• 1 judical emergency
•No nominee
◾ Northern District of California • 1 future vacancy
• To be vacated: 12/31/2014
•No nominee
Tenth Circuit
◾ District of Kansas •1 vacancy
• Vacant since: 04/22/2014
•No nominee
◾ Western District of Oklahoma •1 current vacancy
• Vacant since: 07/07/2013
• 1 future vacancy
• To be vacated: 12/01/2014
•No nominee
◾ District of Utah •1 current vacancy
• Vacant since: 01/01/2014
• 1 future vacancy
• To be vacated: 09/01/2014
•No nominee
Eleventh Circuit
◾ Court of Appeals •3 vacancies
• Vacant since: 8/29/10, 07/15/12, 10/25/2013
• 3 judicial emergencies
• 2 nominees
• Julie E. Carnes , nominated 12/19/2013 for seat vacated 07/15/2012 • Hearing Date: 05/13/2014
• Questionnaire
• Announcement
• Reported by Committee: 06/19/2014
• Jill A. Pryor , nominated 02/16/12 for seat vacated 08/29/10 • Hearing Date: 05/13/2014
• Questionnaire
• Announcement
• Reported by Committee: 6/19/2014
◾ Middle District of Alabama •1 vacancy
• Vacant since: 08/22/2013
•No nominee
◾ Northern District of Alabama •1 vacancy
• Vacant since: 08/31/2013
•No nominee
◾ Southern District of Florida •2 vacancies
• Vacant since: 02/15/2012, 05/12/2014
• 2 judicial emergencies
• 1 nominee
• Robin L. Rosenberg , nominated 02/26/2014 for seat vacated 02/15/2012 • Hearing Date: 05/20/2014
• Questionnaire
• Reported by Committee: 06/19/2014
◾ Middle District of Georgia •1 vacancy
• Vacant since: 04/12/2014
• 1 nominee
• Leslie Joyce Abrams , nominated 03/11/2014 for seat vacated 04/12/2014 • Hearing Date: 05/13/2014
• Questionnaire
• Announcement
• Reported by Committee: 06/19/2014
◾ Northern District of Georgia •3 current vacancies
• Vacant since: 1/20/10, 2/9/09, 01/31/13
• 1 future vacancy
• To be vacated: TBD pending elevation of Judge Carnes to 11th Cir.
• 2 judicial emergencies
• 4 nominees
• Eleanor Louise Ross , nominated 12/19/2013 for seat vacated 01/31/2013 • Hearing Date: 05/13/2014
• Questionnaire
• Announcement
• Reported by Committee: 06/19/2014
• Leigh Martin May , nominated 12/19/2013 for seat vacated 01/20/2010 • Hearing Date: 05/13/2014
• Questionnaire
• Announcement
• Reported by Committee: 06/19/2014
• Mark Howard Cohen , nominated 12/19/2013 for seat vacated 02/09/2009 • Hearing Date: 05/13/2014
• Questionnaire
• Announcement
• Reported by Committee: 06/19/2014
• Michael P. Boggs , nominated 12/19/2013 for seat vacated * Nominated to fill seat vacated by Judge Julie E. Carnes if elevated to the 11th Circuit. • Hearing Date: 05/13/2014
• Questionnaire
• Announcement
Federal Circuit
◾ Court of Appeals •1 vacancy
• Vacant since: 06/30/2014
•No nominee
Circuit of the District of Columbia
◾ District of District of Columbia •2 vacancies
• Vacant since: 01/14/2014, 06/03/2014
• 1 nominee
• Randolph D. Moss , nominated 04/03/2014 for seat vacated 01/14/2014 • Hearing Date: 05/20/2014
• Questionnaire
• Reported by Committee: 06/19/2014
Court of International Trade
◾ •1 vacancy
• Vacant since: 07/01/2014
•No nominee
http://www.politico.com/story/2014/07/john-boehner-obama-lawsuit-debate-merits-108979.html?hp=l1 ““These claims fault the Obama Administration for making necessary adjustments in timing and matching enforcement priorities with resources and technical, practical, humanitarian, and other exigencies,” said Lazarus. “But exercising presidential judgment in carrying laws into execution is precisely what the Constitution requires.”
Walter Dellinger, an acting solicitor general under then-President Bill Clinton, made a case that the 113th Congress did not have standing to bring the suit because Obamacare was passed by the 111th Congress.
The debate often turned technical with the four witnesses citing the interpretation of the Founding Fathers and case law to debate if the House was injured by Obamacare’s delays.
The Rules Committee is expected to mark up a resolution next week authorizing the House to sue Obama. That measure could make it to the House floor by the end of July.
When the lawsuit heads to a federal court, the first test of its merits will be if a judge rules the House has standing to bring the suit forward. If the lawsuit is sustained, the court will then hear the case. If a judge does not feel House Republican lawyers made an adequate case for standing, it will be thrown out.”
The President is sort of stepping up to the plate but many of us think not early and often enough. In the words of Randy Newman in Good Ol Boys, Rednecks song, “the House could fall down, the baby could drown and not one of those people woulld care.” Advise the House, if you will, or perhaps George Will, will do it, to get off their duffs, stop having long vacations to round up money from the Koch Brothers and pay attention to the nation’s needs. The ACA is the least of their worries because they have socialized medical care for life for merely being in Congress. Ask Congress to extend to all citizens the level of medical care which they have legislated for themselves. For the likes of Eric Cantor (I know he is lame duck) say: “I’m a cracker, you’re one too, gonna take good care of you.” When Cantor is not speaking on tv or to the home folks he dont talk like no Southerner. Listen to him yakking at the Marriott Bar with those gals from C Street. Or is it K Street? I keep confusing the female hookers from the Koch Brother monetary supply hookers and where they hang their respective shingles in DC.
@anon
Thank you for the link and thank you for the Garrison excerpt.
Squeeky Fromm
Girl Reporter
My pleasure, Bob, Esq.
Anon,
Thank you so much!
I am impressed with the crystal-clear logic of Jonathan Turley’s statements this morning concerning the “fourth branch of government,” and the seriousness of the actual uneven distribution of power as has been perverted by the current administration. I am also amused while being astounded by the superficial, spurious and weak testimony presented by those on the panel in opposition to professor Turley’s position.