The National  Memo Logo

Smart. Sharp. Funny. Fearless.

Monday, December 09, 2019 {{ new Date().getDay() }}

Nov. 21 (Bloomberg View) — Republicans have finally filed their lawsuit against the president over implementation of the Affordable Care Act. Actually, the president isn’t a respondent; the suit names the Secretary of Health and Human Services and the Treasury Secretary. It’s still a horrible idea.

Michael Lynch and Rachel Surminsky at the Monkey Cage provide one reason: The suit is likely to fail. The first issue is “standing.” To get into court, the House would have to prove that it was damaged by the way the administration carried out the ACA, and courts have consistently rejected that idea. Beyond that, it’s far from clear that the administration’s actions, including the delay of the employer mandate and cost sharing for insurance companies, were beyond the normal discretion the executive branch has to carry out laws. Just because some Republicans want to pretend that before January 2009 presidential power had been limited to pardoning Thanksgiving turkeys doesn’t mean they are right.

And if Republicans win, it would be terrible for Congress.

I’ll say it again: Speaker John Boehner and House Republicans aren’t asking for authority to be returned from the White House to Congress. They want an imperial judiciary that could trump either of the elected branches.

In a system of separated institutions sharing powers, which is what the Constitution created, all three branches do things that look a lot like legislating, but laws can trump administrative or judicial rule making. That gives Congress serious clout within the system. This lawsuit, however, is an abdication of that clout. In effect, it says that the courts, not Congress, should have the last word when there’s a dispute between branches.

Filing this lawsuit amounts to institutional treason. Boehner and House Republicans should be ashamed. The rest of us can only hope that the courts rescue them by keeping to precedent and tossing this lawsuit into the garbage.

Then, perhaps, the House could consider getting back to legislating.

Photo: Talk Radio News Service via Flickr

Advertising

Start your day with National Memo Newsletter

Know first.

The opinions that matter. Delivered to your inbox every morning

Rep. Adam Kinzinger

When the flags fly proudly on the Fourth of July, I remember what my late father taught me about love of country. Much as he despised the scoundrels and pretenders he liked to call "jelly-bellied flag flappers," after a line in a favorite Rudyard Kipling story, he was deeply patriotic. It is a phrase that aptly describes the belligerent chicken hawk who never stops squawking — someone like Ted Cruz or Donald Trump.

Like many who volunteered for the U.S. Army in World War II, my dad never spoke much about his four tough years of military service, which brought him under Japanese bombardment in the Pacific theater. But eventually there came a time when he attached to his lapel a small eagle-shaped pin known as a "ruptured duck" — a memento given to every veteran. With this proof of service, he demonstrated that as a lifelong liberal, he loved his country as much as any conservative.

Keep reading... Show less

Liz Cheney

YouTube Screenshot

Rep. Liz Cheney delivered two clear warnings during last week's House Select Committee hearings. One was to Donald Trump aides and allies who conspired with him to violently overthrow our government. The second was to those who merely observed these crimes but refuse to tell what they know.

The first message: the game is up because the J6 committee has the goods on Trump’s conspiracy, the coverup and the witness tampering so it’s time to either rat out Donald to save your own skin or give up any hope of leniency when indictments are handed out.

Keep reading... Show less
{{ post.roar_specific_data.api_data.analytics }}