Update on the Lawsuit Boehner’s House vs. Obama

Primer links:

The vote by the House to hire a lawyer and sue Barack Obama

The lawsuit document against Barack Obama filed

A Question of Power: The Imperial Presidency by Turley

 

House lawsuit against Obama is turning into a real problem for the president

LATimes: An unprecedented House lawsuit against President Obama that was once derided as a certain loser looks stronger now and may soon deliver an early legal round to Republican lawmakers complaining of executive branch overreach.

A federal judge is expected to decide shortly whether to dismiss the suit, but thanks to an amended complaint and a recent Supreme Court ruling, the Republican-backed case has a much better chance of proceeding, attorneys agree.

At issue is whether the House may sue in court to defend its constitutionally granted “power of the purse” if the president spends money that was not appropriated by Congress.

The lawsuit alleges that Obama’s top aides quietly claimed the power to spend $178 billion over the next decade to reimburse health insurers for covering the cost of co-payments for low-income people who buy subsidized insurance under the Affordable Care Act.

The administration initially submitted a request for an annual appropriation — about $4 billion last year — but then changed course. Officials, including Health and Human Services Secretary Sylvia Mathews Burwell, decided the so-called cost-sharing payments to insurers were mandatory and were akin to an entitlement written into law, so there was no need to seek additional approval from Congress.

House Republicans disagree and say the administration’s spending is unconstitutional.

“The power of the purse is the very thumping heart of the legislative function in our system of separation of powers,” said Jonathan Turley, the George Washington University professor who was hired in November to lead the lawsuit.

Even if a federal judge allows the complaint to proceed, the lawsuit still faces a series of hurdles. And regardless of who wins, the future of Obama’s healthcare law does not appear to turn on the outcome. However, insurance premiums could rise sharply if the cost-sharing payments are cut off.

In May, U.S. District Judge Rosemary Collyer voiced exasperation when a Justice Department lawyer tried to explain why the Obama administration was entitled to spend the money without the approval of Congress. Why is that “not an insult to the Constitution?” Collyer asked.

But the more formidable barrier now facing the lawsuit is a procedural rule. Judges have repeatedly said lawmakers do not have standing to re-fight political battles in court.

In an oft-cited ruling, the Supreme Court in 1997 tossed out a lawsuit by six members of Congress who contended the newly passed Line Item Veto Act was unconstitutional. Justices said the lawmakers were not sufficiently harmed by the law to merit bringing a lawsuit.

But in late June, the high court gave the House lawsuit an apparent boost when it ruled the Arizona Legislature had standing to sue in federal court to defend its power to draw election districts. Although the Arizona lawmakers lost their case, Justice Ruth Bader Ginsburg said the Legislature could sue because it was an “institutional plaintiff asserting an institutional injury.”

That is exactly what House Republicans claim in their lawsuit. They say they are defending their institutional authority to appropriate money.

Ginsburg in a footnote said the court was not deciding “the question of whether Congress has standing to bring a suit against the president.” But administration supporters acknowledge the high court’s opinion in the Arizona case increases the odds the suit will survive.

When it was filed last summer, the lawsuit was largely dismissed as a feeble gesture unlikely to succeed. It originally accused the president of overstepping his power by delaying an implementation deadline spelled out in the Affordable Care Act.

That put Republicans in the awkward position of faulting the Obama administration for moving too slowly to enforce provisions of a healthcare law that they were simultaneously trying to repeal.

Turley helped focus the case on the appropriations dispute, and those who have followed it closely are not so confident it will go away soon.

The case “is certainly not a slam-dunk” for the administration, said Simon Lazarus, a lawyer for the liberal Constitutional Accountability Center. “Judge Collyer was annoyed with the government’s argument, so there is at least a possibility of Turley prevailing on the motion to dismiss.”

But Lazarus remains confident the administration will win in the end.

Washington attorney Walter Dellinger, a former Clinton administration lawyer, believes the courts will not finally rule on the House lawsuit. “There has never been a lawsuit by a president against Congress or by Congress against the president over how to interpret a statute,” he said.

If the courts open the door to such claims, lawmakers in the future will opt to sue whenever they lose a political battle, Dellinger said. “You’d see immediate litigation every time a law was passed,” he said.

The Latest Planned Parenthood Video, the Beating Heart

States are investigating Planned Parenthood while others are moving to defund the organization. This is NOT an issue of abortion it is an issue of organ trafficking and illegal harvesting. Here is information on Title X.

Horrific Claim in New Planned Parenthood Video: Intact Brain Was Harvested From ‘Late-Term Male Fetus Whose Heart Was Still Beating’

A pro-life, medical ethics group has released the seventh video in an ongoing undercover and investigative series alleging that Planned Parenthood sells aborted fetal parts and tissue for profit.

The latest 10-minute clip from the Center for Medical Progress includes a shocking claim from Holly O’Donnell, a former blood and tissue procurement technician for StemExpress, that the heart of a baby was still beating after an abortion.

“The third episode in a new documentary web series and 7th video on Planned Parenthood’s supply of aborted fetal tissue tells a former procurement technician’s harrowing story of harvesting an intact brain from a late-term male fetus whose heart was still beating after the abortion,” a press release reads.

The majority of the video focuses on O’Donnell recounting how she was once asked to help procure brain tissue from the aforementioned fetus — an experience that she said shook her to her core.

The former technician recalled her coworker one day calling her over to “see something kind of cool.”

“So, I’m over here and this is the moment I see it. I’m just flabbergasted,” O’Donnell recalled of seeing the late-term aborted fetus. “This is the most gestated fetus and the closest thing to a baby I’ve seen.”

She said that her coworker then tapped the aborted baby’s heart and that it immediately started beating.

“I’m sitting here and I’m looking at this fetus and its heart is beating — and I don’t know what to think,” O’Donnell said. “I knew why it was happening, because the electrical current, the nodes were still firing, and I don’t know if that constitutes it’s technically dead or if it’s alive.”

O’Donnell went on to describe the fact that the baby had a face that included eyelids and a pronounced mouth and nose, but it’s what happened next that she said pushed her over the edge and showed her that working at StemExpress was no longer feasible.

“Since the fetus was so intact [my coworker] said, ‘This is a really good fetus, and it looks like we can procure a lot from it. We’re going to procure brain,’” O’Donnell recounted. ”She takes the scissors and she makes a small incision… and goes, I would say to maybe a little bit through the mouth, and she was like, ‘Okay, can you go the rest of the way?’”

While she didn’t want to do it, O’Donnell said that she complied, and that she immediately regretted her decision to do so.

“I’m just sitting there like, ‘What did I just do?’” she said. “That was the moment that I knew I couldn’t work for the company anymore.”

Now Veterans Can Grade VA Facilities

Listen To A VA Employee And A Veteran Break Down On The Phone Over Access To Care, the full story is here.

The plight of veterans when it comes to the Veterans Administration continues and no one is really taking any action to clean up the mess while vets actually die waiting for an appointment for medical services.

Some disabled veterans go hungry and can’t afford basic resources for themselves because the disability rating they have been given by the VA isn’t high enough for them. They have to seek assistance from somewhere like these Georgia VA disability lawyers to help them get the disability rating they deserve. Few veterans are treated with the respect they deserve but now there are new platforms to make things better for them.

Now a new ratings platform has been launched to help vets navigate and even grade each facility, a new tool that is desperately needed. The Secretary of the VA ignores reports and the Congress has worked diligently to install cures and solutions that the VA is loathe to accept.

Washington ~ Stars and Stripes: More than 35,000 veterans have had their health care delayed by a Department of Veterans Affairs computer program that automatically put them in limbo — many for years. Yet the VA says it lacks the authority to override the system.

According to documents leaked to the Huffington Post, the veterans — most of whom served in Iraq and Afghanistan — were erroneously put onto a “pending” list for failing to fill out a means test. But combat veterans are not required to fill out means tests to receive health care.

About 16,000 of the cases have been pending for more than five years, according to the Huffington Post. Under VA rules, combat veterans are eligible for five years of free health care after discharge, but the period begins the day of discharge. But VA spokeswoman Walinda West said combat veterans who are granted Veterans Health Administration benefits received them for life.

The VA has known about the problem since at least April, according to the Huffington Post. As of Wednesday, staffers were calling and mailing notices to affected veterans, telling them to fill out paperwork to agree to copays – which appears to duplicate paperwork they have already filled out — in order to enroll in the program.

VA website

New VAratings.com Healthcare Site Allows U.S. Veterans to Rate & Review VA Facilities Nationwide

Charleston, SC: VetFriends.com – the largest Website reuniting U.S. military veterans – has launched a nationwide online database of VA Hospitals with ratings and reviews at https://www.VAratings.com. The goal of the site is to allow veterans to share their experiences, rate their local VA hospitals and clinics and to help improve and provide awareness to Veterans Affairs facilities nationwide.

U.S. veterans and military personnel are the foundation of what has made America the symbol of freedom and opportunity that we enjoy today. The VetFriends.com Veteran Healthcare Resource Center is a free resource for all veterans and their families.

VAratings.com powered by VetFriends.com provides a free ratings/review system with a directory of all VA Hospitals, Outpatient Clinics, Veteran Centers, National Cemeteries and Intake Centers. The rating system consists of a 5 star rating process with questions about a veteran’s visit that deal with: Department, Ease of scheduling, Wait times, Treatment quality, Staff’s quality of care and more. A comment section is also available where veterans can add more information and others visitors can respond directly to posts.

VAratings.com was created to provide objective reviews of services provided by the VA from U.S. veterans and their families. It is important for veterans to know that their VA facility has the highest quality of care and expertise. VAratings.com is an ideal platform for information to be exchanged, questions asked and unbiased reviews are posted.

Each month a topic will be spotlighted in our awareness campaign featuring a specific health issue. The topic covered will coincide with the national awareness months such as Breast Cancer Awareness in October and American Diabetes Month in November. Additional resources include information on how veterans can obtain VA Benefits, along with a library of VA forms. Furthermore, health topics and articles address illnesses, new treatments and discoveries, along with healthy lifestyle tips plus a variety of others.

VetFriends.com offers additional services such as: search over 1,900,000 members to make contact with old service friends and relatives; information on how to obtain your own or a relative’s military records and medals; message boards; military veteran job boards; upload past and present photos; military jokes; search and post reunions, military pride merchandise and more.

VetFriends.com encourages all Companies, and all Americans to honor and support our U.S. veterans and active military of the U.S. Army, Navy, Air Force, Marines and Coast Guard — All heroes of our nation.

Founded in 2000 by a U.S. military veteran, thousands of people have been reconnected through VetFriends.com, spanning from World War II through to Operation Desert Storm and the present. For further information and/or interview opportunities please contact VAratings.com at: (843) 606-2578(843) 606-2578

POTUS Far From Lame Duck, Progressive ‘To-Do’ Items

The arrogance of Barack Obama continues. Just a week ago, he declared he could win a third term if he ran again.

“I actually think I’m a pretty good President. I think if I ran, I could win. But I can’t,” Obama ad-libbed during a speech in Ethiopia. “There’s a lot that I’d like to do to keep America moving. But the law is the law, and no person is above the law, not even the president.”

So imagine how blindsided America is about to be from now until January 2017. What more is planned? Normalizing relations with Bashir al Assad? Normalizing relations with North Korea? Suspending Border Patrol operations completely? Federalizing all national banks? Imposing more agency regulations on Americans and business? Making all interstate roads toll roads?

Lack of imagination now could prevent you from being prepared. Consider other countries that don’t impose government tyrannical policies and have a better competing edge. Cutting military personnel to roving 4 day work weeks? Replacing Ruth Bader Gingsberg on the Supreme Court with Cass Sunstein? Bailing out the City of Chicago to the tune of $7 billion?

Let us start with what is coming almost immediately.

Obama’s big climate rule ready for Monday launch

Politico: Supporters say they plan to be at the White House for the announcement of an EPA rule that will take on power plants’ pollution.

President Barack Obama is poised to push ahead with the nation’s most ambitious environmental regulation in decades — a crackdown on power plants’ greenhouse gas emissions that the administration hopes will put the U.S. in striking distance of achieving a global agreement to combat climate change.

Environmentalists supporting the rule say they plan to be at the White House for a Monday afternoon announcement that they hope will feature the president himself, as part of what’s shaping up to be a major sales pitch both within and outside the administration. Allies including Virginia environmental groups, elected officials and green-minded business groups have also scheduled media calls for 3 p.m. Monday to react to the news.

The White House has not confirmed the timing of the announcement.

The regulation is expected to ease up on a few of the most controversial provisions that the Environmental Protection Agency included in its draft proposals in the past two years. But it will still set up a years-long legal and political battle with congressional Republicans and other opponents, who call it the major weapon in Obama’s “War on Coal,” and it promises to become a major point of contention for the 2016 presidential race.

The regulation also puts a capstone on Obama’s efforts to secure a legacy as the president who made a serious assault on global warming, without waiting for action from Congress — though he will have to depend on his successors to carry it through. States will also play a big role, with six governors so far indicating they won’t comply with EPA’s mandates.

Environmentalists, who have been pressing for Obama to announce the rule personally, call it a crucial first step in cutting the pollution that scientists blame for boosting the Earth’s temperatures and lifting sea levels. But they say far steeper cuts will still be needed if the world is to avoid the worst effects of climate change.

“This is a huge part of the president’s commitment to reducing greenhouse gases,” said Carol Browner, Obama’s first-term climate czar, who left the White House several months after the administration’s attempt at comprehensive climate legislation failed in 2010. “He has viewed the issue of climate change as something he has responsibility for under the law — the moral and ethical responsibility domestically, but also globally.”

Opponents vow that the rule will not stand. “We believe it’s legally deficient on a number of fronts and believe it’s going to have a terrible impact on citizens across the country,” said West Virginia Attorney General Patrick Morrisey, one of several plaintiffs who won a Supreme Court victory this summer over an EPA mercury rule.

Future legal challenges against the climate rule are also likely to end up in front of the Supreme Court.

The broad strokes of the rule are expected to match the drafts that EPA has issued over the past two years: By 2030, existing power plants will have to put out an average of 30 percent less carbon dioxide than they did in 2005 — a goal the U.S. is about halfway to meeting. And the rule effectively bars the construction of new coal-fired power plants, the biggest source of carbon pollution in the U.S.

Together, the requirements would change the way the U.S. produces and uses electricity, continuing an ongoing wave of coal-plant shutdowns while offering legs up to natural gas, solar, wind and maybe nuclear.

For people closely following the rule, the major questions concern how much the final rule will differ from what EPA originally proposed in September 2013 and last June. Sources have said EPA will roll back an interim pollution-cutting deadline that states and power companies attacked as unworkable, to 2022 from 2020. The agency is also expected to abandon its proposal to require future coal-burning plants to capture and store their carbon pollution, an expensive mandate that opponents said would be vulnerable in court because it violates a 2005 energy law.

States are also expected to get an extra year to submit their compliance plans to EPA — 2018 instead of 2017.

Other potential changes could include making it easier for nuclear power plants and their carbon-free emissions to count toward meeting states’ cleanup targets, changing the way that energy-efficiency initiatives are included in calculating states’ reduction goals, and altering the way that EPA’s formulas treat green energy that is produced in one state but sold in another.

And EPA could tweak the complicated formulas that set widely varying cleanup targets for each state, which in last year’s draft ranged from cuts of 11 percent for North Dakota to 72 percent for Washington state. The raw numbers don’t necessarily reflect the degree of difficulty: Washington, for instance, could meet most of its goal by closing one coal plant that’s already scheduled for retirement, EPA has said.

The costs of the rule will be big — but so will the benefits, the administration contends. Last summer, EPA estimated that the portion dealing with existing power plants would bring $55 billion to $93 billion in economic benefits, compared with $7.3 billion to $8.8 billion in costs to the economy.

But EPA’s critics note that the rule comes amid troubling financial times for the coal industry, and might even arrive on the same day that a major coal producer — Virginia-based Alpha Natural Resources — is expected to file for bankruptcy protection. That follows several other high-profile coal company bankruptcy filings.

Environmental regulations like the carbon rule and a forthcoming Interior Department rule meant to protect Appalachian streams are only part of the reason coal has dropped from nearly 50 percent of the nation’s electricity in 2005 to 39 percent last year. Inexpensive natural gas, which burns more cleanly than coal does, has taken a greater share of the market. And in some regions, coal deposits are becoming increasingly more difficult and less economical to mine.

Meanwhile, Obama’s earlier attempts to tackle climate change have struggled too. The House passed a cap-and-trade bill in 2009, but it died in the Senate the following year despite the Democrats holding a large majority. The president also stumbled with an anticlimactic 2009 climate summit in Copenhagen, Denmark. But he revived climate change as a theme late in his 2012 reelection campaign, declaring that “climate change is not a hoax,” and in his second inaugural address, in which he said failing to take on the threat “would betray our children and future generations.”

The credibility of those promises will be at stake in December, when negotiators the U.S. and other nations gather in Paris to try to reach a global climate agreement.

The final rule is also timed for maximum momentum to take advantage of the final year and a half of Obama’s time in office. Litigation over the rule is likely to last through this decade and potentially into the 2020s, making the winner of the 2016 presidential race a key figure in Obama’s climate legacy.

While it remains unclear just how far a Republican president could roll back the regulation, all sides agree a GOP White House would spell significant trouble for the carbon rule. The GOP field of 2016 candidates opposes the rule: Wisconsin Gov. Scott Walker said it is “unworkable,” while former Florida Gov. Jeb Bush has called it “irresponsible and ineffective.”

Meanwhile, Democratic front-runner Hillary Clinton has pledged to protect the rule, while it garnered praise from rival Martin O’Malley and Bernie Sanders has called for even further climate action.

 

 

Activism for Planned Parenthood Runs Deep Including a Judge

Obama Appointee And Bundler Blocks More Video Releases By Group Behind Planned Parenthood Sting

By   (<– great work)

A federal judge late Friday granted a temporary restraining order against the release of recordings made at an annual meeting of abortion providers. The injunction is against the Center for Medical Progress, the group that has unveiled Planned Parenthood’s participation in the sale of organs harvested from aborted children.

Judge William H. Orrick, III, granted the injunction just hours after the order was requested by the National Abortion Federation.

Orrick was nominated to his position by hardline abortion supporter President Barack Obama. He was also a major donor to and bundler for President Obama’s presidential campaign. He raised at least $200,000 for Obama and donated $30,800 to committees supporting him, according to Public Citizen.

Even though the National Abortion Federation filed its claim only hours before, Orrick quickly decided in their favor that the abortionists they represent would, ironically, be “likely to suffer irreparable injury, absent an ex parte temporary restraining order, in the form of harassment, intimidation, violence, invasion of privacy, and injury to reputation, and the requested relief is in the public interest.”

The restraining order is here.

More activism:

Then there is Hillary where Planned Parenthood was working for international policy. TWS:

Planned Parenthood emailed Hillary Clinton on her private email address. The revelation comes in the most recently released trove of Clinton’s emails.

Here’s the email from Laurie Rubiner, vice president of public policy and advocacy, sent directly to Clinton. Exact copy here.

UNCLASSIFIED U.S. Department of State Case No. F 2014 20439 Doc No. C05764008 Date: 07/31/2015

RELEASE IN PART B6
From:  Abedin, Huma <[email protected]ov
>
Sent: Friday, July 31, 2009 8:09 PM
To: Rubiner, Laurie; H
Cc: preines pverveer
Subject: RE: Kenya
Laurie — She isn t doing any specific health or womens events in Kenya but I ve also shared your email with policy team at state and embassy staff in Nairobi helping to plan the trip to see if there is any way to address this.
From: Rubiner, Laurie
Sent: Friday, July 31, 1009 1:26
PM
To: hdr22@clintonemail.com Cc: Abedin, Huma; preines
Subject: Kenya
pverveer
Secretary Clinton —
I understand you are going to Kenya next week and while I know the trip is primarily focused on trade issues, I wanted to flag an issue for you because I know it is near and dear to your heart.
Kenya has one of the strictest anti-abortion laws in Africa — it is illegal unless a woman’s life is at risk and
criminalizes both the woman and the provider. Two years ago, Kenyan authorities imprisoned a doctor and
two nurses, falsely accusing them of providing illegal abortions. After a year in prison, the providers were found innocent and released, but it galvanized the legal and provider community who formed a coalition to make abortion less restrictive.
It will come as no surprise to you that, as a result of their abortion law, Kenya has one of the highest maternal mortality rates in all of Africa, with an estimated 800 women a day seeking the procedure, often through dangerous means.
Kenya is restarting a long-stalled constitutional review process and they hope to produce a final Constitution by next year. Religious groups are on a concerted crusade to include new language in the Constitution which would codify that life begins at conception . The current Constitution is largely silent on the issue. If this fetal personhood amendment goes forward, it would place Kenya in the small community of nations with such a provision. It would clearly mark Kenya as out of stop with countries attempting to institutionalize the African Union’s Maputo Protocol, one of the most progressive regional documents on women, development and reproductive rights, and with the vast majority of African countries in general. For a country trying to regain the momentum of stability and success it enjoyed until recently, such a policy imposition would be a regression for women’s rights and for the country writ large. I went to Kenya last month to work with the coalition that has formed to strategize against the Constitutional amendment and to work toward a less restrictive abortion law. I also visited several of our clinics and providers in Nairobi and in nearby villages where Planned Parenthood has programs to train providers in post abortion care. You have seen this a million times in your travels around the world, so I don’t need to tell you how poignant the stories were of the lives saved and lost, the bravery in standing u
to constant government harassment, and the fear of what this potential Constitutional amendment will mean to the provision of safe medical services. I know it is asking a lot, but if there is any way that you could draw attention to this issue when you are in Kenya, you would be even more of my personal hero than you already are. It is our hope that if Kenya knows the world is watching they may be more careful in how they proceed. Of course we would be

happy to help you in any way if you decide you want to do something on this while you are there. There is also a Congressional delegation going to Kenya the week of August 8
th
and we are working on them to have a side
meeting on this issue as well. As always, thank you so much for all you do. We are all so grateful that you are there All best, Laurie Laurie Rubiner Vice President of Public Policy and Advocacy Planned Parenthood Federation of America
(202) 973-4863(202) 973-4863 office
349
UNCLASSIFIED U.S. Department of State Case No. F 2014 20439 Doc No. C05764008 Date: 07/31/2015
 
    

Ah, but hold on, it goes all the way to the White House too.

FB and CNS: On Thursday, the White House came to the defense of Planned Parenthood calling the stream of damning videos against the organization “fraudulent.” The talking points used by the White House came straight from Planned Parenthood itself.

Now, according to the visitor log, it was discovered that the president of Planned Parenthood has made 39 visits to the Obama White House since he’s taken office.

Planned Parenthood president Cecile Richards made her first trip to the White House on Obama’s first day in office. Since then, she has met with numerous other former and current White House advisers, such as Obama’s former senior adviser David Plouffe (four times) and Valerie Jarrett (five times). Richards also attended Barack Obama’s second inaugural reception.