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
bettykath,
Here it is.
http://www.c-span.org/video/?320415-1/hearing-lawsuit-president-obama
Back on topic, the executive branch has certainly assumed a lot of power going back many administrations. The power assumed by this administration has a lot more to do with the vacuum created by the current do-nothing-but-obstruct legislature than anything else.
Eric:
There is no data to suggest that narcissists suffer from low self-esteem. That’s popular folklore.
Here’s a little primer:
http://health.usnews.com/health-news/family-health/brain-and-behavior/articles/2009/04/21/7-myths-about-narcissism-and-narcissistic-personality-disorder
Given Bob, Esq’s kudos, I’m sorry I don’t have TV so missed JT, et. at. Maybe he could change my mind. In any case, elsewhere on the planet,
http://www.latimes.com/local/lanow/la-me-ln-california-death-penalty-ruled-unconstitutional-20140716-story.html
Federal judge rules California death penalty is unconstitutional
U.S. District Judge Cormac J. Carney, ruled on a petition by death row inmate Ernest Dewayne Jones, who was sentenced to die nearly two decades ago.
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FOR THE RECORD
California’s death penalty violates U.S. Constitution, federal judge says
A federal judge has declared California’s death penalty unconstitutional.
July 16, 1:16 p.m.: An earlier version of this post said U.S. District Judge Cormac J. Carney was a federal judge in Los Angeles. He is a federal judge in Orange County.
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Carney said the state’s death penalty has created long delays and uncertainty for inmates, most of whom will never be executed.
He noted that more than 900 people have been sentenced to death in California since 1978 but only 13 have been executed.
“For the rest, the dysfunctional administration of California’s death penalty system has resulted, and will continue to result, in an inordinate and unpredictable period of delay preceding their actual execution,” Carney wrote.
Carney’s ruling can be appealed to the U.S. 9th Circuit Court of Appeals.
Carney, an appointee of former President George W. Bush, said the delays have created a “system in which arbitrary factors, rather than legitimate ones like the nature of the crime or the date of the death sentence, determine whether an individual will actually be executed,” Carney said.
In overturning Jones’ death sentence, Carney noted that the inmate faced “complete uncertainty as to when, or even whether” he will be executed.
The “random few” who will be executed “will have languished for so long on Death Row that their execution will serve no retributive or deterrent purpose and will be arbitrary,” Carney said.
“No rational person,” Carney wrote, “can question that the execution of an individual carries with it the solemn obligation of the government to ensure that the punishment is not arbitrarily imposed and that it furthers the interests of society.”
Natasha Minsker, a director of the ACLU of Northern California, said Wednesday’s ruling marked the first time that a federal judge had found the state’s current system unconstitutional. She said it was also “the first time any judge has ruled systemic delay creates an arbitrary system that serves no legitimate purpose and is therefore unconstitutional.”
A Los Angeles County Superior Court judge in 1995 sentenced Jones to death for the 1992 rape and killing of Julia Miller, his girlfriend’s mother. Jones killed Miller 10 months after being paroled for a previous rape.
Read the ruling: Judge orders California’s death penalty unconstitutional
Read the ruling: Judge orders California’s death penalty unconstitutional
A spokesman for Atty. Gen. Kamala D. Harris said only that her office was reviewing the decision.
Keep talking, Squeeky. It’s like a shovel deeper every time you do.
@Annie
Probably not, because I doubt she would botched the whole thing up like President One-derful. I also think she would gone full bore single payer while she had both houses.
But “Manchild on Air Force One” wasn’t either capable or competent enough to be involved in the process. So I am guessing he just played a lot with all the knobs and buttons on the various gadgets. His Chicago Gang was too busy lining their own pockets and flinging poo to help. The MSM was too busy flagellating themselves for being white. IMHO.
Squeeky Fromm
Girl Reporter
Squeeky,
I wonder, would Hillary have been wrong in your eyes if she would be the President implementing the mandate portion of the ACA? She was all for the mandate, ya know.
I love estate sales, unless the sellers are rude. I once was at an estate sale that had the nastiest rude cashier, I simply told the cashier to go fly a kite, no sale. Later I found dozens of negative reviews of the seller and the cashier’s weird rudness. Selling ones wares, or ideas is easier to do when one doesn’t go out of their way to insult the prospective buyer. Pretty soon their customers leave one by one and take their business elsewhere. In the marketplace of ideas, the ideas and the seller of the ideas is usually rejected by reasonable people who won’t be won over by insults. Respect is a gift in the hands of the merchant.
Bravo!
I have to say again that the testimony of Jonathan Turley and Elizabeth Price Foley was outstanding. It was almost like a game of volley ball with Turley setting the ball with an overview of the separation of powers doctrine and Foley smashing the ball with an incredibly clear and precise argument, replete with precedent, regarding standing and institutional injury.
Simon Lazarus, when he wasn’t fumbling for the mike, was fumbling for reasons in support of his argument. And Walter Dellinger’s argument was effectively disposed of by J.T. on rebuttal.
Bonus points to J.T. for his ability to navigate his way through the meanderings of Rep. Hastings; formulating a coherent reply to an incomprehensible series of run-on sentences.
Incredible defense, Professor, of the supreme priority of SCOTUS – “to mine the lines of separation”. As you stated, this issue is not political, but only falls under “the patina of politics”, not having been started with this President.
I think even Lazarus and Dellinger believed by the end of the day that a law suit was the only option left to address the erosion of the Legislative Branch.
@messpoo
Well you don ‘t what I have or haven ‘t accomplished and you sha’nt because that is nunya! All you need to know is that I am a girl reporter and I write very good internet articles. Plus, I am very creative and have 2 cats. Plus, I help my BFF Fabia Sheen, Esq., an attorney, as a legal assistant when she needs help.
But, since you are sooo interested in people ‘s accomplishments, maybe you should examine Obama more closely. I mean Bush Jr. won 2 elections but I bet you don ‘t stop at that point with him. I just bet you look at what he did and didn ‘t do. But with Obama you seem satisfied with his winning a few elections like that is enough to fully satisfy the accomplishment criteria.
No wonder. He hasn ‘t done squat. Straight from election to lionization complete with a Nobel Prize.
Squeeky Fromm
Girl Reporter
mespo727272: “One wonders how you can be both a narcissist and have low self-esteem”
Actually, it’s pretty common. You can have a high self-evaluation and prioritize yourself but also be sensitive to negative feedback from others that indicate relatively low social value. An extreme (and also mentally ill) example is the recent Isla Vista shooter, Elliot Rodgers.
Sqeeky:
“Sooo it is my viciousness which so unnerves you.”
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No, viciousness is ever so common among the conservative crowd. It’s your utter lack of accomplishment and your at-the-hip readiness to attack those who are accomplished that “unnerves me.” Rare to see a person with so little self-awareness. It’s fascinating.
@messpoo
Hmmm. Sooo it is my viciousness which so unnerves you. I guess you prefer your women barefoot and wearing their aprons high.
Squeeky Fromm
Girl Reporter
California death penalty system declared unconstitutional, today, by federal judge because it resembles some of the threads on JT’s blog and are therefore a violation of the Eighth Amendment (Opinion, PDF).
Squeeky:
“. Just go ahead and hold your breath because I promise if you like my story you can keep my story sooo just go ahead and take a deep breath and hold it! ”
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I’ll wait forever because every second I do proves my point that your accomplishments –such as they are — pale in comparison to your betters whom you so viciously criticize.
Like John, please carry on. I’ll keep chuckling.
John:
“John
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.”
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One wonders how you can be both a narcissist and have low self-esteem but why stop you when you’re on a polysyllabic roll. It’s so rare among the conservative crowd that it’s refreshing despite the nonsensical meaning. Please carry on.
BTW, Let us know when you’re leaving the country so we can tell everyone we know that you are not a hypocrite.
@John
Oh, I have dealt with supersillyous people before so they don ‘t bother me none. I seem to have a way of bringing out the inner venomous twit in them. But, thank you for caring!
Squeeky Fromm
Girl Reporter
@messpoo
Oh, I am just about through. Just go ahead and hold your breath because I promise if you like my story you can keep my story sooo just go ahead and take a deep breath and hold it! Okay??? It will just be a few more seconds. . . I promise. . .
Squeeky Fromm
Girl Reporter
All I can see is that you’re helping the racists in the Republican Party. You have good arguments and intentions, but in reality, you’re just helping the evil if racism that is so deeply rooted in white Republicans. Racism is MORE EVIL than the balance of power between the branches of government. And no, I’m not a minority; I’m just a white man who’s sick if all the Republican racism toward this President.