Posts Tagged With: Lawsuit

House Republicans just won a major, unexpected victory in a battle with Obama……


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Barack Obama John Boehner

(AP)
US Rep. John Boehner (R-Ohio), speaker of the House (right), and US President Barack Obama (center) at a White House ceremony June 24, 2014.

Republicans in the US House of Representatives have standing to proceed with a lawsuit against US President Barack Obama’s administration over his signature healthcare law, a federal judge said Wednesday, handing them a significant and somewhat unexpected victory in the ongoing legal battle.

US District Court Judge Rosemary M. Collyer ruled Wednesday against the Obama administration’s motion to dismiss the case. Collyer said House Republicans do have the standing to pursue their challenge, which argues that the Obama administration violated the US Constitution by spending money on the law that had not been appropriated by Congress.

That was a key question in the lawsuit, which the White House and House Democrats have continually dismissed as a “political stunt.”

In her ruling, Collyer rejected that argument, calling the House’s challenge valid.

“Despite its potential political ramifications, this suit remains a plain dispute over a constitutional command, of which the Judiciary has long been the ultimate interpreter,” she wrote.

The case centers on the more than $175 billion the administration will spend over the next decade under a cost-sharing program with health-insurance companies. The Obama administration has said it’s spending previously allocated money.

The attorney for the House, Jonathan Turley, called Collyer’s decision “historic and profound.”

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President Barack Obama at American University in Washington August 5, 2015. REUTERS/Jonathan Ernst

(Thomson Reuters)
Obama delivers remarks on a nuclear deal with Iran at American University in Washington.

“The ruling today means that the United States House of Representatives now will be heard on an issue that drives to the very heart of our constitutional system: the control of the legislative branch over the power of the purse,” he wrote in a statement posted to his website. “We are eager to present the House’s merits arguments to the Court and remain confident that our position will ultimately prevail in establishing the unconstitutional conduct alleged in this lawsuit.”

House Speaker John Boehner (R-Ohio), who’s leading the lawsuit against the president, said he was “grateful” for the court’s ruling.

“The president’s unilateral change to Obamacare was unprecedented and outside the powers granted to his office under our Constitution,” Boehner said in a statement. “I am grateful to the court for ruling that this historic overreach can be challenged by the coequal branch of government with the sole power to create or change the law. The House will continue our effort to ensure the separation of powers in our democratic system remains clear, as the Framers intended.”

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Lawsuit: Obama Is ‘Illegally’ Thwarting Offshore Drilling….


A new lawsuit filed by an independent American oil and gas company charges that the Obama administration is blocking legitimate efforts to find and produce oil from offshore wells.

“Given the challenges still facing the U.S. economy, the government needs to move aside and let private industry do what private industry does best: create jobs and increase our oil supply to help lower the price at the pump,” a report from the Heritage Foundation states.

“And yet the Obama administration remains committed to strangling America’s economic revival by doing everything in its power to prevent companies that obtain offshore leases from actually drilling and producing oil — a fact evidenced by a new lawsuit just filed in the U.S. Court of Federal Claims by an independent U.S. oil and gas company.”

By March 2010, ATP Oil & Gas Corporation received oil leases and necessary permits to drill in the Gulf of Mexico, and installed state-of-the-art drilling and processing equipment to safely access already-penetrated oil reservoirs, according to the report. The project was financed with $1.5 billion from J.P. Morgan.

Then in April 2010, the BP-operated Deepwater Horizon rig in the Gulf exploded while drilling a well into a previously unexplored reservoir. In response, the Obama administration ordered moratoria on deep-water drilling and barred consideration of new permits.

As a result, the ATP operation was shut down.

ATP has now struck back by filing a lawsuit alleging that the Interior Department “improperly and illegally suspended all deep-water offshore drilling activities and imposed two illegal moratoria on the deep-water drilling permit application process and then unreasonably and unlawfully delayed the issuance of drilling permits after the lifting of the formal moratoria.”

ATP is essentially asserting that the government breached its offshore leases with ATP by violating the Administrative Procedure Act in two ways, according to the Heritage Foundation report written by Hans von Spakovsky and Nicolas Loris: “By issuing overbroad moratoria, and by manipulating seven experts from the National Academy of Engineering (NAE) to bolster a recommendation for the moratoria.”

They also point out that all seven NAE experts denied supporting moratoria recommendations, and a previous court case concluded that a White House official had changed the report used to justify the moratoria.

The authors write: “ATP’s lawsuit provides a revealing glimpse into the capital-intensive oil and gas industry where unfair and illegal actions by a government agency can cost companies (and the U.S. economy) enormous sums of money.”

Opening the outer continental shelf to drilling, they add, “would generate hundreds of thousands of new jobs, generate hundreds of billions of dollars in government revenue, and bring more oil to the world market, thereby lowering gas prices.”

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Immigration Agents File Suit Over Obama ‘Amnesty’ Program


Ten employees at U.S. Immigration and Customs Enforcement are suing the Obama administration to block a new program to let many young illegal immigrants avoid deportation and get a work permit.

The suit also claims that directives from the Department of Homeland Security and its secretary, Janet Napolitano, force agents to break the law by not arresting certain illegal immigrants.

Kris Kobach, the Kansas secretary of state and an immigration adviser to presumptive Republican presidential nominee Mitt Romney, is representing the employees. The lawsuit was filed Thursday in federal court in Dallas.

The 22-page filing, which names Napolitano and ICE Director John Morton as defendants, contends that the Obama administration’s Deferred Action for Childhood Arrivals plan violates federal law.

The Department of Homeland Security did not immediately respond to a request for comment. Napolitano has previously defended the plan.

The suit says the mandate “unconstitutionally usurps and encroaches upon the legislative powers of Congress.”

Kobach equated the move to give thousands of illegal immigrants a reprieve to the failed Fast and Furious gun-walking operation.

“In both instances, the Obama administration ordered federal law enforcement agents to break the law, to ignore the laws that they’re supposed to enforce, and, in the case of the ICE agents, to actually break federal laws that say you’re supposed to deport certain people,” he told Fox News.”And in each case, the Obama administration seems to be doing so for political reasons.”

Kobach is a co-author of the Arizona illegal immigration law.

Napolitano has in the past defended the mandate.

“These policies promote the efficient use of our resources ensuring that we do not divert them away from the removal of convicted criminals by pursuing the removal of young people who came to this country as children and who have called no other country home,” she said.

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Obama’s DREAM Act-lite runs into more trouble….


Nebraska has joined Arizona in opposing legal status for immigrants who are newly-documented under Obama’s Deferred Action for Childhood Arrivals program, setting up a constitutional battle while raising tough questions about the program.

Two days after Arizona Gov. Jan Brewer declared her state won’t confer driver’s licenses and other state benefits to newly-documented immigrants under Obama’s “deferred action” immigration policy, Nebraska, too, put its foot down.

Echoing Gov. Brewer, Nebraska Gov. Dave Heineman (R) said on Saturday that Obama’s Deferred Action for Childhood Arrivals program does not make successful applicants “legal citizens,” meaning they remain ineligible for state benefits like driver’s licenses and other services.

The deferred action plan, which took effect on Wednesday, could make as many as 1.7 illegal immigrants eligible for “deferred action” status, meaning they’re eligible to receive work papers and driver’s licenses. Applicants have to be no more than 31 years old, must have arrived in the US before the age of 16, and have no major crimes on their record.

The opposition stances taken by Nebraska and Arizona seem to at least partially challenge federal law, specifically the 2005 Real ID Act, which lists “deferred action” recipients as being eligible for driver’s licenses.

Experts, however, admit there are gray areas in the Real ID Act, especially as neither Arizona nor Nebraska lawmakers have ratified it. That means the moves by the two states amount to a “Constitutional throwdown,” according to Michael Olivas, an immigration law expert at the University of Houston, who also suggests the driver’s license ban is “just sheer political pandering to largely nativist and restrictionist forces.”

But as legal battles loom, the moves by the two governors do have the potential to more immediately undermine Obama’s new immigration policy.

Indeed, state opposition isn’t the only concern for applicants. While thousands lined up this week for help to apply, some Hispanic groups are concerned that immigration authorities may – despite the President’s orders and assurances of anonymity – use the information to find and deport family members. It’s not clear whether the program would continue if Mitt Romney wins the presidency.

Nebraska and Arizona likely have over 100,000 eligible illegal immigrants within their borders.

The move by Brewer drew sharp rebukes from some legal scholars, activists, and Democratic lawmakers.

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Obama sued over latest attack on Constitution…..


Legal demand includes ‘all records’ of presidential order.

Judicial Watch, the Washington-based organization that monitors government misbehavior and challenges it in court when needed, has filed a lawsuit demanding from the Obama administration the details of the new amnesty program that was installed by executive order.

Congress several times has rejected amnesty for illegal aliens, but Obama’s plan allows immigrants who can prove they arrived in the U.S. before they reached 16, and now are 30 or younger, to obtain special permission to work in the U.S.
They also must have been living in the country at least five years and be in school or have graduated or served in the military.

Tens of thousands of applicants lined up this week as Obama’s order took effect.

Now Judge Watch has announced a lawsuit in federal court in Washington against the Department of Justice and the Department of Homeland Security.

It is seeking documents related to the “Deferred Action for Childhood Arrivals” order from Obama that was issued in June.

Judicial Watch said the new Obama policy allows certain illegal aliens to avoid deportation and take work in the United States.

The case pursues records that first were cited in a June 22 Freedom of Information Act request: “All records concerning … the Department of Homeland Security’s decision to exercise prosecutorial discretion with respect to individuals who came to the United States as children. … Such records include, but are not limited to, opinions, memoranda, or legal advice rendered by the Office of Legal Counsel. ”

While Obama’s Department of Justice admitted it received the FOIA request, there has been no response even though the deadline was July 24.

The Washington watchdog group said it also submitted a similar request to the DHS in June, but the agency, under Secretary Janet Napolitano, also has not responded.

“This new Obama amnesty program is an attack on the constitutional role of Congress and runs roughshod over existing immigration law,” said Judicial Watch President Tom Fitton.

“It is no surprise that the Obama administration doesn’t want to share the legal basis for this unilateral executive action and is violating Freedom of Information Act law to keep the American people in the dark,” he said.
“President Obama and his political appointees are abusing their offices with this new amnesty program. If the administration were confident about the legality of its actions, it wouldn’t be keeping secret the legal basis for President Obama’s extraordinary decision to unilaterally change the law.”

The AP reported thousands lined up starting yesterday to apply for the special status created by Obama.

“It’s something I have been waiting for since I was two years old,” Bupendra Ram, a 25-year-old communications graduate student in Fullerton, Calif., told the AP. “This offers us an opportunity to fulfill the dreams I’ve had since I was a child.”

Obama’s maneuvers have been criticized by likely GOP presidential candidate Mitt Romney.

Observers note that the strategy is earning Obama support among the Latino population in the run up to the 2012 election. But members of Congress, who rejected similar plans earlier, said Obama simply sidestepped the legal process and created a backdoor amnesty.

In Arizona, which has taken a strong stand against illegal immigration, Gov. Jan Brewer took the issue into her own hands.

Brewer signed an executive order stating that participants in the federal program don’t qualify for state benefits and identification, such as a driver’s license. She emphasized Obama’s decree does not make illegal aliens legal and won’t entitle them to Arizona public benefits.

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House sues Holder in ‘Fast and Furious’ gunwalking case…


A House committee filed suit against Attorney General Eric Holder Monday in federal court. The suit attempts to force Holder to turn over key documents relating to the Justice Department’s “Fast and Furious” gunwalking program during the Bush and Obama administrations, when as many as 1,000 guns ended up in the hands of Mexican cartels in a botched attempt to capture higher-ups in the organizations.

Holder, backed by President Barack Obama, has refused to release all the documents that the House committee demands, saying they are privileged internal deliberations. Politico’s Josh Gerstein reports that it’s “unclear the courts have authority to force an executive branch official to fork over documents in such circumstances.” In June, the House voted to hold Holder in contempt for not complying with its subpoenas.

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Obama trying to block MIlitary votes……Obama Campaign Sues in Bid to Suppress Military Vote


Once again Obama shows how he feels about our fighting warriors…..

In a move that could have an impact on the final result of the presidential election, Barack Obama’s campaign has sued Ohio to block a measure which extends early voting for members of the military.
The action brought quick responses from Ohio Attorney General Mike DeWine and as many as 15 military groups.
DeWine told Fox News on Friday that he found the July 17 action by Obama campaign, the Democratic National Committee and the Ohio Democratic Party “quite shocking.”
The tradition for allowing special circumstances for military personnel in voting dates back to the civil war, he said.
Republicans traditionally have had the lock on the military vote, and with Ohio being a key battleground state especially this year — Obama leads GOP challenger Mitt Romney there by only 6 points in the latest Quinnipiac University poll — these military votes could swing the Nov. 6 election to either candidate.
And as the Buckeye State is considered one of the key marginals, a victory for either candidate there could end up being the difference between taking the White House and losing it.
“I’m just outraged by this,” DeWine told Fox on Friday. “I can’t believe that the Obama campaign [and] the state Democratic Party are actually saying there’s no rational basis for a distinction between someone who is in the military voting, and somebody not in the military.
“Our whole history in this country, we’ve made a distinction between the two, recognizing the difficulties, and the unique situation that people in the military are in.”
The Obama campaign sued Republicans DeWine and Secretary of State Jon Husted, contending Ohio’s two-tiered early voting process violates the U.S. Constitution’s guarantees of equal protection under the law. Ohio is among 32 states that allow voters to cast an early ballot by mail or in person without an excuse. In 2008, about 30 percent of the swing state’s total vote — or roughly 1.7 million ballots — came in ahead of Election Day.
In addition, state law allows families of armed forces members and civilians overseas to vote through the Monday before an election, while early voting for all other Ohioans ends the preceding Friday. The Nov. 6 election falls on a Tuesday.
The Obama lawsuit said that the latter part of the Ohio law is “arbitrary” with “no discernible rational basis” — and that all voters should be able to vote on those days. The campaign seeks a court order invalidating the statutes.
In his response, filed late on Wednesday, DeWine noted that all Ohioans have numerous voting options, which include casting an absentee by mail starting 35 days before the election, casting an in-person ballot on other days, and voting at their polling location on Election Day.
Ohio, with 18 electoral votes, has been critical to U.S. politics, and no Republican has been elected president without a victory there. Obama won the state in 2008 with 51.5 percent of the vote.
But remaining ahead of his Republican opponent is proving tougher for Obama this time around. A survey by Quinnipiac University earlier this week shows the president leading Romney by only 6 points, 50 to 44 percent.
The military vote has traditionally gone Republican. In 2008, Obama lost among veterans to Arizona Sen. John McCain, a Vietnam War hero, 55 to 45 percent. Four years earlier, GOP President George W. Bush outdistanced Massachusetts Sen. John F. Kerry, another Vietnam veteran, among former service personnel by 57 to 41 percent.
In addition, military members and their families generally tend to vote in higher percentages than the general public, according to federal election data.
The Obama for America lawsuit comes after several election-law changes cleared Ohio’s Republican-controlled legislature and GOP Gov. John Kasich signed them.
Before the changes, local election boards had the
discretion to set their own early, in-person voting hours on the days before the election. People were allowed up until the day before the election to vote in person. Weekend voting varied among the state’s 88 counties.
With the changes, most Ohioans now have until the Friday evening before the Tuesday election to cast a ballot in person. But military voters can continue to vote in person until Monday.
Separately, the National Guard Association of the United States and more than a dozen other fraternal military groups asked a U.S. judge for permission to intervene and oppose the Democrats’ lawsuit.
“Members of the U.S. Armed Forces risk their lives to keep this nation safe and defend the fundamental constitutional right to vote,” the military groups said in in their request.
“The Obama campaign’s and Democratic National Committee’s argument that it is arbitrary and unconstitutional to afford special consideration, flexibility, and accommodations to military voters to make it easier for them to vote in person is not only offensive, but flatly wrong as a matter of law,” the groups said.
They’ve asked U.S. District Judge Peter Economus for permission to join the case on the side of the state, and to oppose the Obama campaign’s request for injunctive relief. A hearing is scheduled for Aug. 15.

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