Tags: constitution | Obama | GOP | sue

GOP Groundswell Grows to Sue Obama for Ignoring Laws

Wednesday, 04 Dec 2013 12:00 PM

By Sandy Fitzgerald

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Republican leaders are under growing pressure to back a growing feeling in the party that legal action should be taken against President Barack Obama and his administration to enforce Obamacare and other federal laws just as they were written.

"I think that's the only choice we have, and that's not just on Obamacare, that's on a host of different things," Arizona Republican Rep. Trent Franks told The Hill. "He simply embodies a breathtaking arrogance that ignores the law he's sworn to uphold."

GOP lawmakers said during a House Judiciary Committee meeting Tuesday that Obama ignores core parts of the Affordable Care Act, including individual healthcare plan minimum standards.

Republican Rep. Darrell Issa of California agreed that Congress may have little recourse in curbing Obama without using the courts.

"If we cannot go and get the court to decide the differences between the two branches, then the imperial presidency is complete," said Issa.

But party leaders are showing few signs of heing on board with taking the president and his administration to court. House Speaker John Boehner and Senate Republican Leader Mitch McConnell are yet to endorse any such recommendation.

And two of Obama's most trenchant critics, Republican Sens. Mike Lee of Utah, and Ted Cruz of Texas — both members of the Senate Judiciary Committee — say they are skeptical about calls to sue Obama.

Lee said he doubts that Congress has grounds to bring legal action against the Obamacare one-year mandate. Further, Lee said, it would be difficult to show injury and if the litigation takes longer than a year to push through, it would make the lawsuit irrelevant.

Cruz, meanwhile, said that it is premature to discuss any of his next plans to dismantle Obamacare.

However Franks has a litany of laws that he says "unilaterally" ignores. He says they include immigration regulations after the president halted the deportation of illegal immigrants who came to the United States when they were young.

Republicans at the Judiciary Committee meeting also noted that the Obama administration has eased off in prosecuting federal marijuana laws in states such as Colorado which have legalized its sale and use.

This is not the first time Franks has pushed for legal action against the Obama administration. Last month 40 Republican lawmakers signed on to a brief he wrote for a constitutional challenge to Obamacare, in which he argues that because the Supreme Court ruled that Obamacare is a tax, it violates the Constitution's Origination Clause that says all revenue-raising bills must originate in the House.

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