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Friday, October 28, 2016

When House Speaker John Boehner (R-OH) announced his plan to sue President Barack Obama for delaying enforcement of the Affordable Care Act’s employer mandate, the reviews were swift and negative. Legally, the lawsuit seemed destined for failure. Politically, it looked like a dud that could actively backfire on the GOP.

Two months later, things aren’t looking much better for House Republicans’ quest to scramble the balance of power in Washington.

On Tuesday, a federal appeals court tossed out a different lawsuit challenging the Obama administration’s employer mandate delay. The 7th Circuit Court of Appeals in Chicago ruled that the Association of American Physisicans and Surgeons had no right to sue.

Politico’s Jennifer Haberkorn reports:

A unanimous three-judge panel threw out the case only three days after oral argument, a breakneck speed.

The physicians’ group argued that the Obama administration doesn’t have the right to delay the implementation of the employer mandate, particularly without delaying the individual mandate, too. The doctors said they are harmed because when people pay the penalty, they have less income to buy medical care from them.

“The [Supreme] Court has rejected efforts by one person to litigate about the amount of someone else’s taxes (or someone else’s subsidies, which are taxes in reverse),” Judge Frank Easterbrook wrote for the three-judge panel, which also included Judges William Bauer and Richard Posner. All three were nominated to the bench by Republican presidents.

This creates an obvious dilemma for Boehner and the House GOP, who are expected to advance a very similar argument. Making matters worse, their original legal team has jumped ship.

On Friday, The New York Times reported that attorney David B. Rivkin Jr., who had agreed to take the case on behalf of House Republicans, “withdrew from the case under pressure after facing criticism that he had taken on an overly partisan lawsuit.” The report adds that some of Rivkin’s partners feared that the suit would hurt the firm’s credibility, presumably due to its divisive nature and extremely long odds for success.

The new attorney handling the suit, William A. Burck, has recently popped up in the news for helping House Republicans sue Attorney General Eric Holder to turn over documents related to the “Fast and Furious” gun-running scandal, and for defending former Virginia first lady Maureen McDonnell in her corruption trial (neither ended particularly well).

So what is Speaker Boehner to do? He could abandon his plan in the name of fiscal conservatism, and save $350,000 for the taxpayers (and his caucus from a lot of embarrassment). But Republicans still have plenty of fundraising to do before Election Day, so expect them to plow ahead — and to refuse to rest until Obamacare is fully implemented.

AFP Photo/Jim Watson

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  • Dominick Vila

    Boehner’s lawsuit was a stunt designed to rally the base by giving them what they want: punish the “usurper” in the White House. The lawsuit, which is bound to fail miserably, is not going to hurt the GOP. In fact, those who plan to vote Red will be encouraged to do so by stunts like this, and since those who think the lawsuit is inappropriate, ridiculous, and devoid of logic when we consider that the people suing were clamoring for a delay – or repeal – in the implementation of the ACA, plan to vote Democratic regardless of law suits, the whole thing is nothing more than a typical political charade.

    • DurdyDawg

      And if the taxpayers money they spend doing this ludicrous lawsuit farce brings in one new fresh conservative vote then it was all worth it in their pea brains.

  • Eleanore Whitaker

    The GOP bulls thought they’d push the President into the kind of corner they do to their plantation slaves. These good ole good ole bois were determined to make sure this bi-racial president didn’t show them up with his intelligent and ace sense of strategy.

    With GOP bulls? It’s only a matter of calling their bluff if you want to see their tails ends picking ’em up and puttin’ ’em down running.

  • Once the conservatives take the midterm elections, which they will, this regime will only have martial law to fall back on. If the Emperor does not seize power, then his agenda will come to a screeching halt, and our country can start to repeal all the illegal actions that have been thrust on the American people, starting with obamacare. Once we have the liberals out of power, and we can get them help for the mental disorder called liberalism. Perhaps some will be saved, but I think most are beyond help.

    • iowasteve

      I can’t believe you are talking like that – if the lawsuit is won, the rest of Obamacare goes into effect and then it’s complete. This is the opposite of what the GOP claims it wants. This is nothing but another way to waste taxpayers money. The biggest waste of our money in this country is being done by the GOP and their stupidity. The republicans come into office and screw everything up that the democrat before them fixed and then another democrat gets elected to try and fix things again, and who gets the blame for it all? The next incoming president who didn’t have a thing to do with it. If you idiots are so stupid you can’t see this, and you can’t realize that the republicans cannot win if this country would just wake up and listen to what is being said. And there are enough seniors in Iowa to prevent your new princess Joni from wining this state – just so you know. When someone gets up and admits to wanting gut social security, completely eliminate minimum wage and remove one of the sources of income for Iowa farmers, then do you honestly believe this idiot will win an election?

    • Marsha Matthews

      Don’t count your chickens before they hatch, fruit loop.
      Besides, if the ACA is illegal … SCOTUS wouldn’t have ruled it was constitutional, would it …

      • Funny how you jump to hide behind SCOTUS when it suits you, but otherwise they don’t know what they are doing. Can we say Hobby Lobby?

        • Marsha Matthews

          Well, taking into account that this SCOTUS considers corporations living, breathing humans, I don’t put much stock in five of the nine … and neither do those of us with more than two brain cells to rub together.

          • So you are saying that you are a conservative? The only ones that can’t seem to say anything that is not from the regimes propaganda machine are liberals.

    • Sand_Cat

      Ken, Ken. I thought we had a reasonable discussion going.
      If you have specific complaints – preferably related to the article on which you’re commenting – why not just voice them clearly and logically instead of discussion-killing expressions like “the Emperor” and blanket condemnations of “liberals.” What, specifically, do you dislike about liberals? When your responses are of that type, we may not agree, but at least you’re less likely to be dismissed as a “goober” or “bigot” and otherwise ignored. You actually can write coherently and reasonably when you do this.

      • I can be as calm and reasonable as anyone else, generally more so. I was always the one desenting voice among many conservative family and friends. As a liberal democrat, I was always outnumbered, but I believed in my government. When I get constantly attacked, I tend to strike back. I see that you are now trying to be civil, and I do appreciate that more than you know, but you too, have called me numerous names that were uncalled for in those instances. It would be nice to actually compare thoughts rather that hurl insults at one another, but there are some here( sleepvark, whathesaid, elenor) that have nothing of value to say other than to be as vile as they can. Maybe if you would keep the jackals at bay, we could actually discuss?

        • Brian_pdx

          You are moronic. How can anyone have an intelligent, meaningful conversation with the kind of insanity you represent?

          • Perhaps try being civil? It usually works wonders.

          • Brian_pdx

            You can’t fix stupid.

          • I’ve have heard that before but I still keep trying to educate the readers on this site. There’s no hope for most of the regular posters, but many of the readers are treatable. I suspect you may want to seek help. I don’t think I can fix you.

        • Sand_Cat

          Sorry, but my recollection of your entry on this scene was talk about “the Emperor,” the “tyrant,” and all sorts of vague and unspecified charges, some of them absurd and insulting to the intelligence. Really, what did you expect my reaction to be? Look at the other posts in response to yours. Seems to me you’re largely getting back what you post.
          Let’s face it. Most people are frustrated as hell with the domestic political situation, their personal lives, etc. What better way to relieve tension than anonymously trashing someone repeating phrases and talking points created by people you consider to be liars, hypocrites, and among the primary causes of most of the bad things happening in the world today? Sure, there’s plenty of blame to go around, but it sure looks to me like lots more than half of it goes to the party that said before a president even took office and in the midst of a worldwide crisis that they would not cooperate in any way with him, that their number one – and in my view, only – priority was to completely wreck the administration of a man elected by a substantial majority, and then have the incredible chutzpah to claim (and continue to do so) that HE is the one who won’t negotiate or compromise, and – while opposing every single proposal made(including ones made by their party in the recent past), but offering no real alternatives – complaining about the “slow recovery” and the president’s failure to lead. It would appear you have similar views about the president and those of us who defend him (and believe me, I really dislike many of his actions, but feel compelled to refute what I consider the really outrageous lies circulated about him because he is STILL the best we’ve had in some time, someone who doesn’t embarrass or enrage me literally every time he appears on television).
          Yes, we can all make occasional efforts to be civil, but neither this nor any other political Internet site is likely to prove a fruitful ground for serious, civil, discussion.

          • Perhaps we can make an effort toward one another? Obviously, I do not agree with most of your opinions, but I think we can come to some common ground. As I have said, I was once a supporter, but I started to see the lies and deceit from the same person I was supporting. I expected so much more

          • Sand_Cat

            I can try to be civil, as I have with varying degrees of success with others of the opposition, but what will come of it? I can make a specific and hopefully civil answer to a specific point, but I’m not a patient person, and I don’t care much for generic talking

    • Brian_pdx

      Thank you for proving the point you have no point, or facts, or sense, basic humanity or anything but the desire to hurt people with your vicious attacks on the real principles of America.

      • Liberals have lost any concept of what it is to be an American.

        • Brian_pdx

          Conservatives never knew and want to forget such administrations as Lincoln, Teddy and Franklin Roosevelt, Eisenhower, Kennedy, Clinton and put idiots like Bush, Reagan and Cheney on pedestals.

    • DurdyDawg

      Now THIS wanker IS being paid by some flunky. Notice how elegantly he turned BS lies into conservative sheeple fodder.

      • I don’t think conservatives need to hire people like the dems do. America is waking up to all the lies and deceit.

    • Barrington September

      People like you are so very uninformed, you need to research the history of the various American presidents who have sought and proposed universal healthcare or some other type similar to the Affordable Care Act or what former governor Mitt Romney implemented in Massachusetts. Obamacare is based on a national health care policy developed and promoted by the Heritage Foundation, which is a most well-known and respected “conservative” research think tank based in Washington D.C.

      In 1912, former Republican President Theodore Roosevelt championed national health insurance as he unsuccessfully tries to ride his progressive Bull Moose Party back to the White House.

      In 1935, Democratic President Franklin D. Roosevelt favored creating national health insurance during the Great Depression but decided to push for Social Security first.
      In 1945, Democratic President Harry Truman calls on Congress to create a national insurance program for those who pay voluntary fees. The American Medical Association denounces the idea as “socialized medicine” and his proposals died.

      In 1965, Democratic President Lyndon B. Johnson’s legendary arm-twisting and a Congress dominated by Democrats lead to creation of two landmark government health programs: Medicare for the elderly and Medicaid for the poor.

      In 1986, Republican President Ronald Reagan signs COBRA, a requirement that employers let former workers stay on the company health plan for 18 months after leaving a job, with workers paying the cost.

      In 1974, former Republican President Richard Nixon wanted to require employers to cover their workers with health insurance and create federal subsidies to help everyone else buy private insurance.
      There have been many proposals floated around in the U.S. Congress to address the health care needs of the American people. Most die due to different political philosophical approaches of the political parties and the lobbying influence of the powerful and very influential American Medical Association and the private for profit medical/health insurance corporate lobbying.
      Even this right-wing conservative leaning U.S. Supreme Court found the Patient Protection and Affordable Care Act (PPACA, also known as the Affordable Care Act or Obamacare), which President Obama signed into law on March 23, 2010, to be both legal and constitutional.

      If the Republicans in Congress really gave one damn about the average American person, they would work with the president to improve the law and “fix” any problematic parts.

      And … just for your information … all American citizens and legal residents have already benefitted from Obamacare! Most people are just too uninformed, ignorant, undereducated and/or stupid to realize it.

      There are too many so called “experts” blogging online spewing untruths, misinformation & idiotic “nonsense” about matters that they know little about. They are just spouting the talking points of the hard-core partisans on right-wing hate-talking radio, FOX news and the idiotic tea-party zealots.

      People should be honest and just say, “I HATE Obama and I shall oppose anything he supports or does, no matter how good or bad it is!” At least that explains why they write such profound misinformation, dastardly lies and specious nonsense!

  • Marsha Matthews

    “Shocking” … another epic failure courtesy of John of Orange and his Band of Ignorant Unmerry Men …

  • EaglesGlen

    Any Obama material alteration of ObamaCare law (Obama’s dysfunctional copying of Romney Care) is illegal, ObamaCare thereby void and illegal (unless ObamaCare is applied without those alterations).

    • RobGinChicago

      And you base this legal conclusion/assertion on what?

    • Brian_pdx

      Your a moronic, koch bros paid idiot.

      • DurdyDawg

        I don’t think he gets paid by anyone.. Koch for instance wouldn’t waste a dime on this wanker.. I think he says BS like that because it makes him feel like some kind of an informed peckerhead. Having nothing else in his pathetic life but the excess gas spewing from his pie hole, small wonder he rails on subjects he knows absolutely nothing about.. I believe even faux news would laugh him out of their ‘liars’ den.

  • pmbalele

    How can you expect John Boehner to reason like an adult. The guy cries all the time. I call him a BIG-CRY -BABY. After all he flunked his history and
    therefore does not know the boundary between the Executive and legislative Branches. John Boehner office is staffed with angry and ignorant workers. Two weeks ago I called his office and a male worker hung on me. Boehner should go back to run his father’s restaurant.

    • highpckts

      I believe his Father owned a bar hence the red nose from over use of alcohol!!

      • pmbalele

        You may be right. Did I tell you I called to tell his office to get rid of monkey effigy given to him by TP in 2010 rallies? His staffs hang the phone on me? That office is chaos.

  • Brian_pdx

    Republican traitors, murders, thieves and liars must be purged from the earth.

    • The same can be said of liberals with more accuracy.

      • Brian_pdx

        Not unless your brain dead, buy into the trickle down BS, taxing rich people at a higher rate is unwise and think health care is a privilege.

  • pszymeczek

    Schadenfreude is a wonderful thing!