Congress, Constitutional Law, Criminal law, Politics, Society

House of Representatives Files Defense Of Historic Challenge To Obamacare In Federal Court

Congressional SealSeal_of_the_President_of_the_United_States.svgThe Obama Administration previously filed its Motion to Dismiss in the challenge by the United States House of Representatives v. Burwell. As many of you know, I am lead counsel in the action. The Obama Administration is seeking to block the court from hearing the merits of our Complaint and below is our filing today in defense of the right of the House of Representatives to be heard in the federal court. The case is before Judge Rosemary M. Collyer of the United States District Court for the District of Columbia.


The filing concerns “standing” and the right of a house of Congress to appear in a federal court. In deference to the Court, we will confine our specific responses to our filing today before Judge Collyer.

I am honored to be on this brief with a brilliant legal team from the General Counsel’s office of the United States House of Representatives, including General Counsel Kerry Kircher, Deputy General Counsel William Pittard, Senior Assistant General Counsel Todd Tatelman, Assistant Counsel Eleni Roumel, Assistant Counsel Isaac Rosenberg, and Assistant Counsel Kimberly Hamm.

We remain confident of both the standing and the merits of this historic challenge by the House of Representatives.

Jonathan Turley
Lead Counsel

Here are today’s filings: Opp’n to Mot. to Dismiss (Feb. 27, 2015) (ECF No. 22)

Ex. A CRS Mem (Feb. 27, 2015) (ECF No. 22-1)

141 thoughts on “House of Representatives Files Defense Of Historic Challenge To Obamacare In Federal Court”

  1. To say that We are disappointed in Jonathan is an understatement. The ACA stands despite all the money he has been paid.

    It appears JONATHAN has lost his credibility with another sector of society.

  2. Olly, the ACA was absolutely not positive or a first step. They never talked to doctors, nurses, hospital administrators,many one functioning in the medical arena.

    I thought it would be a reasoned approach. Hearings all over the country, learning the good and bad. Getting recommendations from the people working in medicine. There should have been a test area in several parts of the country. It was a time to learn, to get suggestions, to find people willing to help creating the plan. Any large corporation in this country would have had gotten as much info as possible, then put people who know what they’re doing to work developing the beginnings of a plan.

    The kiss of death was “if you like …” Which people believed. Making people drive 75 miles yo see a doctor when their previous doctor was ten minutes from home. Medicaid should have been rolled into this. Now we have two, Medicaid and ACA. Medicaid could have been run by one insurance company.

    So quit patting yourselves on the back and get to work solving this the longer it goes on, the messier it gets and you can’t start completely over. We who had good employer benefits should have been left alone. There should have been plans with flexibility. Recognize why a couple with children in college in their 50’s were not having babies and opting out of pregnancy coverage. Older people should have been able to choose coverage more appropriate for seniors.

    Participation should never have been required until it was running properly. The next two years should be gathering info, learning. The difference of ACA versus private insurance.

    1. Hi Sandi Hemming

      The biggest difference is the kiss of death typo “Mandate” from the IRS tax which is taxation without representation as it is unconstitutional and a lie and a fraud and our children need to understand that it is going to come down on them like the proverbial house of cards.

  3. Bruce E….your post illustrates why one should choose their hospital system carefully and demand direct access to the specialists…which a good system will always permit. I am fortunate in my choice. Now a two time cancer survivor…and I was given direct access to the radiation oncologist and the surgeon involved with my case(s). In the same day, no less, when the cancer was positively identified. I was allowed time to make a decision (I did so within the same day, both times) on how I wanted to proceed, not necessarily what one person or amorphous group wanted…the hospital’s protocols, permitting patient input, made it possible to succeed.

  7. “Yes Max, amazing that the Republican Congress invites a foreign head of State to tell us how to run our foreign policy. He walked in there as if he was President….of the U.S. That was shameful.”

    I’m hoping Obama watched and learned something! If he didn’t, that would be shameful.

  8. Bibi got many standing ovations and that included many Dems. There are many Dems who have savaged the WH for these give away negotiations. Senator Bob Menendez D-NJ said to a State Dept. guy testifying that his “talking points sound like they are coming right from Tehran.” Nancy Pelosi knew the cameras would be on her looking very taciturn so she got some botox shots yesterday. Looked like her eyes were glued open this afternoon. What an embarrassment that woman is.

    1. Did you see her wringing her hand and throwing them down. I swear what is wrong with those people. don’t they realize that we were in a tactical war AGAINST Iran and invaded them in 2004 and were there till 2007? duhh

  9. Yes Max, amazing that the Republican Congress invites a foreign head of State to tell us how to run our foreign policy. He walked in there as if he was President….of the U.S. That was shameful.

  10. Annie,
    Boehner is being loved and hated today.

    Hated for leaving immigration out of the DHS spending bill…
    … Loved for allowing a foreign PM to dictate our foreign policy.

  11. The House sure had an embarrasing loss today. Boehner is a marked man, his TP caucus won’t forgive him anytime soon.

  12. @Issac ~ “The parasites will wheedle their way in even further and the fleecing will continue with Americans paying two to three times what is necessary”

    What is the difference between the “parasites” you speak of and Obama fleecing the American people?

    The answer for the 1st one is called “Capitalism”, people are free to choose.

    The answer to the 2nd one is stop using the “Executive Orders”, because it doesn’t give anyone a choice!

  13. “It is not the universal truths that I question. It is their origin.”

    Of course you do. It’s called being a relativist.

  14. Issac….I argue against no one because no one, including you, has even slightly considered & discussed the plan I posed (along with others like John Kerry and Daryl Issa) as an alternative. I waste my time even mentioning it again in the face of no good faith response.

    1. It’s a great plan Aridog. I wish you would lay it out here one more time for my tired brain so I could share it with my friends on Yahoo Answers in the Politics Section They are Watching this Blog right now for the outcome of the Court Case

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