Posts Tagged With: ruling

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.”

Categories: 2nd Amendment, Congress, Law suit, Obamacare, Unlawfull | Tags: , , , , , , , , , , , , , , | Leave a comment

Federal Judge O’Connor to rule against Obama on Illegal Aliens…or as Judge Judy would say “Whack his pee-pee”


A federal judge has a message for President Obama: Stop bypassing Congress on immigration.

Obama issued a directive in June 2012 halting the deportation of many young illegal aliens after Congress refused to pass the DREAM Act, which would have provided conditional permanent residency to young illegals.

A federal judge in Dallas is now threatening to reverse that directive.

U.S. District Judge Reed O’Connor said Tuesday that he will likely rule in favor of a lawsuit seeking to overturn the new policy. He has asked both sides to file additional arguments by May 6.

The administration’s policy directs U.S. Immigration and Customs, or ICE, agents to defer deportation for illegal aliens under 30 who entered the country before the age of 16, are in school or have a high school diploma, haven’t been convicted of a felony, significant misdemeanor or multiple misdemeanors and are not a threat to public safety or national security.

The ICE agent union challenged the policy, arguing that the Obama administration is disciplining agents who enforce federal immigration law.

The president of that union, the National Immigration and Customs Enforcement Council, also said the policy is being abused.

In his April 8 testimony, Christopher L. Crane said, “Officers are applying the directive to people detained in jails, not kids in school.”

He told the court, “It is now the story in the jails for aliens to use to avoid arrest and deportation.”

Those aliens appear to be taking advantage of the policy with great success. National Review found, “Since the policy took effect in August 2012, the Obama administration has approved 268,361 applications for ‘deferred action’ status, and denied just 1,377 – an approval rate of 99.5 percent.”

While critics argue the policy is ineffective in securing the border, Judge O’Connor indicated it’s also illegal for the Obama administration to tell immigration agents not to arrest an illegal alien who is a low priority.

“The court finds that DHS (Department of Homeland Security) does not have discretion to refuse to initiate removal proceedings,” Judge O’Connor wrote.

O’Connor issued a court order stating that Congress, not the president, sets priorities for arresting illegal aliens and that the law requires them to face deportation.

Categories: Politics, Uncategorized | Tags: , , , , , , , , , , , , | Leave a comment

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