Rove: Obama Will Lose Court Challenges on Executive Orders

Monday, 03 Feb 2014 02:26 PM

By Wanda Carruthers

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President Barack Obama should lose court challenges to his attempts to bypass Congress through the use of regulations or executive order, Karl Rove predicted Monday.

"These things tend to be litigated in court. And so far, when they have been litigated, the president has tended to lose," Rove, former deputy chief of staff to President George W. Bush, told Fox News' "America's Newsroom."

"I don't see any part of the Constitution, or the amendments to it, that say the president has the right, if Congress is less popular than he is, to ignore their responsibilities to legislate, and his responsibility to execute, to faithfully execute, the law of the United States," he said.

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The White House had to defend in court appointments the president made to the National Labor Relations Board, Rove explained. The president justified the appointments, saying he had deemed Congress was in recess. The administration ultimately lost the case when it went to the Supreme Court.

Rove maintained the use of presidential authority always raised "contentious issues and arguments." He predicted many of the president's attempts to use regulations and executive orders to bypass Congress would end up in court.

"Some of these things, like the Keystone XL pipeline, or the NLRB appointments, or the EPA regulations, they're likely to end up in court. And, the courts are going to have to be asked to adjudicate this dispute between the executive and the legislative [branches]," he said.

The president has limitations to his ability to act, and must stay within statutory guidelines, Rove explained. To do otherwise threatened the foundation of the nation's laws.

"The president has to act within the statutory limits given to him by the United States Congress, or we are not a nation of laws. We're not a nation with a constitution. We are simply an authoritarian regime. The president has to be very careful about this," he said.

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