Connect with us

In Op-Ed, John Boehner Reveals He Has No Actual Legal Justification For Suing President Obama

Published

on

Speaker of the House John Boehner announced over the weekend — in a ghostwritten CNN op-ed — that he has pretty much zero legal or logical justification for suing Barack Obama, but he’s going to try to do it anyway.

Last month Fox News pundit George Will, in his Washington Post column, outlined a hair-brained and likely legally faulty scheme designed to give the Republican-led House a path to sue President Barack Obama. Why? What George Will called the President’s so-called “lawlessness” — aka, doing his job by issuing executive orders, which every president for decades has done. Will presented an idea formed by occasional Fox News guests, attorneys David B. Rivkin and Elizabeth Price Foley.

President Barack Obama’s “offenses against the separation of powers have been egregious in quantity,” Will wrongly claimed, offering his “reason” to sue the President.

Last week and then, in a CNN op-ed this weekend, Speaker John Boehner took the GOP base bait, “borrowing” Will’s suggestion — and the Rivkin-Price Foley tactics — and announced he indeed will sue President Obama.

Clearly, though, he has no idea why — and nor did his CNN ghostwriter.

Boehner (or his ghostwriter,) claims that “too often over the past five years, the President has circumvented the American people and their elected representatives through executive action, changing and creating his own laws, and excusing himself from enforcing statutes he is sworn to uphold — at times even boasting about his willingness to do it, as if daring the American people to stop him.”

If he has been daring the American people to stop him, it certainly wasn’t when he passed Obamacare, ended “Don’t Ask, Don’t Tell,” or moved the country forward more than 570 times. 571 if you count getting re-elected.

CNN’s Sally Kohn writes that the idea of suing Obama is “frivolous” and “nothing more than a flagrant partisan stunt.”

House Republicans are using taxpayer dollars to fund a lawsuit against a President who has literally done not only what every president before him has done but has done it less often and is doing so now only because House Republicans repeatedly refuse to even vote on legislation, let alone pass anything.

Will claims Obama’s “offenses against the separation of powers have been egregious in quantity.” Kohn proves that’s false.

President Theodore Roosevelt enacted 1,081 executive orders during his presidency. President Dwight Eisenhower had 484. President Ronald Reagan had 381. And President George W. Bush had 291.

President Barack Obama has enacted 182 executive orders — yet the GOP accuses him of being an “imperial president,” and Republican members of the House of Representatives are preparing to sue him for violating the Constitution.

If House Republicans don’t like these executive orders, then pass immigration reform and the Employment Non-Discrimination Act. Don’t sue the President. Passing laws that our nation wants and needs is doing your job. Suing the President just because you don’t like him is irresponsible partisan petulance.

And indeed, Boehner’s op-ed offers no legal explanation, no actual justification, no respectable argument for suing President Obama.

Instead, he offers this:

After years of slow economic growth and high unemployment under President Obama, they are still asking, ‘where are the jobs?’ The House has passed more than 40 jobs bills that would help. But Washington Democrats, led by the President, just ignore them.

Even worse, the President’s habit of ignoring the law as written hurts our economy and jobs even more. Washington taxes and regulations always make it harder for private sector employers to meet payrolls, invest in new initiatives and create jobs — but how can those employers plan, invest and grow when the laws are changing on the President’s whim at any moment?

“Where are the jobs?” That’s laughable, considering 48 hours earlier, Bloomberg News reported a “plunge in U.S. unemployment to the lowest level in more than five years,” and noted that payrolls “surged in June by 288,000 workers and unemployment fell to 6.1 percent, a level that Fed officials didn’t expect to see before the end of the year.”

Seriously, that’s Boehner’s entire argument — eviscerated by “plunging unemployment” and “surging payrolls.”

To quote Rick Perry, “oops.”

Attorney Jonathan Turley has spoken out in opposition to Obama’s use of executive orders. But on his blog this weekend, contributor Mark Esposito wrote a scathing analysis of Boehner’s impending lawsuit and his CNN op-ed: “The Boehner Manifesto: How To Do Nothing And Look Constitutional?

It’s a time-tested feature of the American Presidency that holders of the office are judged by what they do for people and not how they do it. Lincoln is remembered in the consciousness of the public  for ending the Civil War not suspending habeas corpus. FDR is lionized for the New Deal and his leadership against fascism not the court-packing plan. And even ol’ unpopular ‘W” himself has received a popularity renaissance of sorts for his efforts to combat terrorism with hardly a mention of the dubious methods he employed. Why would the public in the last two elections be looking for anything different?  Give us someone who can bring about positive change in Washington and the society it oversees was the order from the populace.

And at the ever-insightful and ever-irreverent Balloon Juice:

The reasons stated to justify Boehner’s lawsuit are fuzzy, unconnected to the law, the Constitution, logic or even reality. That will no doubt make it a winning stunt and distraction for the White Walkers animating the corpse of the GOP.

The base is outraged that a black man is President. They are outraged that he dares to exercise the exact same type of Presidential powers that white Presidents have used in the past. They are outrage that he does not seek permission of the white GOP minority before he acts.

John Boehner gets the outrage of his base. He fears his base and needs them at the same time. To fluff them he will do anything. And so he is preparing to sue the President of the United States for the “crime” of being an uppity negro.

Take the racial code-talking away and there is nothing to support or justify his lawsuit at all.

As silly as this lawsuit will be, sillier still will be the way that the very serious people inside the beltway will pretend that race has nothing to do with it.

Yes, John Boehner, the man who allowed the Tea Party to shut down the government last year, costing American taxpayers $24 billion, the man who spent $3 million to defend DOMA in federal court (you’ll remember, he lost each time,) is now going to take your hard earned money and use it to sue the President, offering another stunt to take the public’s eye off immigration reform, minimum wage reform, and, well, passing laws of any kind.

UPDATE: The White House Deputy Press Secretary just tweeted this:

 

Image by DonkeyHotey via Flickr

 

There's a reason 10,000 people subscribe to NCRM. You can get the news before it breaks just by subscribing, plus you can learn something new every day.
Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

News

Republicans Are Using a Secret Super PAC to Pour $1 Million Into Democratic Primaries

Published

on

Super PACs with ties to Republicans are spending money to promote weaker, left-wing candidates in Democratic primaries, in an apparent effort to help Republicans retain control of the House, The New York Times reports.

“They’re going into Democratic primaries and literally trying to boost the most extreme candidates and oppose the Blue Dog-endorsed candidates that, if they win, are going to beat the Republicans in the general,” U.S. Rep. Adam Gray (D-CA) said in an interview with the Times. The Blue Dogs are more centrist Democrats.

One “new mystery super PAC with ties to Republicans has spent more than $1 million meddling in at least three Democratic congressional primaries to select preferred opponents,” the Times reports. That group is spending money to promote “a left-wing sex therapist in Texas who has been accused of bigotry and antisemitism by leaders in both parties.”

It is also running ads in Democratic primaries in Pennsylvania and Nebraska.

In some of these races the spending is an effort to disrupt Democratic candidates “who are part of the Democratic Party’s ‘red to blue’ program, a special designation for top recruits in key races that could determine control of the House.”

READ MORE: Republicans Moving to Give Trump Something He’s Wanted Since 2019

The Times calls these “interventions in the opposing party’s primaries,” and reports that they are “apparently to elevate Democrats viewed as weaker candidates,” suggesting that “the race for control of the House has entered an intensive new phase in which both parties are vying for every imaginable edge.”

“Some Republicans privately believe the party’s best chance to hold power this year is to cast Democrats as extremists,” the Times reports.

Another super PAC formally aligned with Republicans is promoting a progressive Democrat in California.

Maureen Galindo is running for a Democratic seat from Texas. Party leaders are backing Johnny Garcia, who has worked in the local sheriff’s office. Despite having raised less than $10,000, Galindo finished first in the primary, advancing to a May runoff.

“In a text message,” the Times reports, “Ms. Galindo suggested the money for the mailer had come from ‘a billionaire zionist who made the pac to sabotage candidates,’ using the type of language that has previously prompted charges of antisemitism, including from Senator Jacky Rosen, Democrat of Nevada, and Senator Ted Cruz, Republican of Texas, who called her ‘openly bigoted.'”

Galindo told the Times, “Dems and Republicans uniting against me in the same week with the same message is evidence that theyre [sic] working together for the zionist billionaires that control our government and tax money.”

There are more races that Democratic strategists expect Republicans to meddle in, including in California, Michigan and Colorado.

READ MORE: ‘Bad All Around’: Republicans Privately Fear Backing Trump Request Sends Tone-Deaf Message

 

Image via Shutterstock

Continue Reading

News

Fetterman Says He ‘Fully’ Understands Why a Pennsylvania Judge Left the Democratic Party

Published

on

A longtime Pennsylvania judge who ran as a Democrat is dropping his affiliation with the Democratic Party over what he sees as antisemitism, and U.S. Senator John Fetterman (D-PA) is weighing in.

Justice David Wecht “said in a statement he is switching his party affiliation to independent due to an ‘acquiescence to Jew-hatred’ becoming ‘disturbingly common among activists, leaders and even many elected officials in the Democratic Party,'” Politico reported.

“I can no longer abide this. So, I won’t,” said Wecht, who once served as vice chair of the state Democratic Party. “I am no longer registered within any political party.”

Judge Wecht said that antisemitism used to be found more often on the far right, but since the Pittsburgh Tree of Life synagogue shooting in 2018, he said, “that same hatred has grown on the left.”

“Increasingly, it has moved from the fringe to the mainstream. It is the duty of all good people to fight this virus, and to do so before it is too late,” he said.

READ MORE: Republicans Moving to Give Trump Something He’s Wanted Since 2019

Lamenting that the Democratic Party has “changed,” Wecht said that “hateful anti-Jewish invective and actions are minimized, ignored, and even coddled.”

Senator Fetterman, whose own intention to stay affiliated with the Democratic Party has been questioned, knows Judge Wecht, according to Fox News.

“I know David and his legendary father, Cyril,” Fetterman wrote in a post on X. “As I’ve affirmed, I’m not changing my party — but I fully understand David’s personal choice.”

Fetterman also appeared to agree with Wecht, saying that the “Democratic Party must confront its own rising antisemitism problem.”

Pittsburgh’s NPR station WESA reports that Fetterman, “like Wecht a Pennsylvania Democrat, has also criticized the party, particularly in recent days as Democrats in Maine seem all but certain to nominate Graham Platner, who had a Nazi tattoo, as their candidate to challenge Republican Susan Collins for her Senate seat.”

READ MORE: ‘Bad All Around’: Republicans Privately Fear Backing Trump Request Sends Tone-Deaf Message

 

Image via Reuters 

Continue Reading

News

America’s ‘Winner-Take-Everything’ War Has Already Begun: Columnist

Published

on

Republican efforts to wipe Democrats off the face of their states’ congressional maps — the redistricting wars — are not the end of a “winner-take-everything” political “cold civil war,” but merely the beginning, argues Jonathan V. Last at The Bulwark.

President Donald Trump started the redistricting war when he demanded Texas redistrict mid-decade to gain five Republican seats in the House of Representatives. GOP-led states have followed suit, but in some, like America just saw in Louisiana, Republicans are now pushing to send only Republicans to the House. They are redrawing their maps to get rid of districts that voted for Democrats.

Pointing to journalists and analysts, Last argues that that will become a problem some day for Republican states that have no Democratic members of Congress. Because one day there will be a Democrat in the White House, and it will be disadvantageous for there to be no Democrats for those red states to help get their voice out to the new administration.

Last also notes that in this “winner-take-everything” political world that America may be entering, what President Joe Biden did for red states proved to be unhelpful for Democrats, and helped voters push him out.

READ MORE: Republicans Moving to Give Trump Something He’s Wanted Since 2019

“Joe Biden was, famously, a president for all of America,” Last writes. “He pumped hundreds of billions of dollars in federal credits and investments into red states. Biden didn’t just give red states their fair share—he gave them much more.”

Biden’s theory, Last argues, was that “the way to leach the poison of Trumpism out of America was to forgive Republicans and shower them with goodies to prove that he was on their side, too.”

“The notion was that, in exchange, they would reward him politically, or at least be less hostile in their overall political outlook.”

That did not work.

“Instead of conveying to Republicans that the cycle of recriminations could be broken, Biden inadvertently conveyed a different message: That Democrats did not believe in recriminations,” he writes. In other words, the message was that for all of the GOP’s bad faith actions, there would be no political price to pay.

“What message would it send to Republicans if, in 2029, President Raphael Warnock passed an infrastructure package that, just to pick an example, shoveled money for battery factories into Tennessee, after Tennessee gerrymandered its lone Democratic district out of existence?” he posits.

“Democratic deterrence didn’t work,” Last writes.

He points to Democratic states that moved to redistrict after Texas, and notes that the two sides were coming up about even.

But then, Florida moved to redistrict, with Republican Governor Ron DeSantis “doing an end run around the law” to get more GOP seats.

And then, the Supreme Court “rushed to insert itself into the fight by pushing out the Callais decision in time for Southern states to get rid of a bunch of black congressional districts.”

At this point, for Democrats to take back majority control of the House, they will need to “win the national popular vote by more than 4 percentage points.”

This status quo, says Last, is “not sustainable.”

READ MORE: ‘Bad All Around’: Republicans Privately Fear Backing Trump Request Sends Tone-Deaf Message

 

Image: Public Domain by Architect of the Capitol via Flickr

Continue Reading

Trending

Copyright © 2026 AlterNet Media.