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Boehner Spokesman: Obamacare Lawsuit Will Be Filed ‘Soon’

House Speaker John Boehner plans to move forward with his Obamacare lawsuit “soon” and is not concerned about a government report that liberal critics say wipes out its legal arguments, a spokesman said.

Boehner Spokesman: Obamacare Lawsuit Will Be Filed Soon


“We will hold the president accountable for unilaterally rewriting the law, and the lawsuit will be filed soon,” Boehner spokesman Kevin Smith told TheBlaze.

A report from the nonpartisan Congressional Research Service garnered unwarranted attention in recent days, Smith said, because liberal commentators have misinterpreted the report.

“That isn’t going to change simply because two liberal advocates have drawn inaccurate conclusions from a CRS report,” Smith added.

The report cites, among other things, that the Supreme Court gives discretion to agencies on delaying or not enforcing certain regulation, a potential justification for the Department of Health and Human Services not to enforce the Obmacare employer mandate to provide health insurance plans to workers.

The employer mandate, a key part of the Affordable Care Act, was set to take effect in 2014, but was delayed and is now scheduled to be in place for all employers by 2016. The House lawsuit seeks to hold President Barack Obama to his constitutional obligation to “take care that the laws be faithfully executed.”

“Often, the agency has not been able to accomplish the required action within the time provided by Congress,” the CRS report stated. “In this type of situation, the agency simply has not taken any action; therefore, no rulemaking procedures are required. However, as mentioned above, an agency may be subject to a suit by a party seeking to compel the agency to take action.”

The CRS report was first reported in a Washington Monthly piece by Simon Lazarus and Elisabeth Stein, attorneys with the Constitutional Accountability Center, a liberal think tank.

“In other words, having been asked whether the Obama administration had crossed all its T’s and dotted its I’s, the CRS’ answer was unequivocal: yes it had,” the attorneys wrote in what they said was distilling the conclusion. “In bland CRS-speak, this seems like a veritable finger in the eye – or perhaps, a blunt warning to the speaker to drop the lawsuit project.”

The CRS has no legally binding authority, but as the research arm of Congress has credibility with both sides.

The CRS report said courts determine whether these delays are reviewable in court by following the Supreme Court’s decision in the 1985 case of Heckler v. Chaney, which held, “an agency’s decision not to prosecute or enforce…is a decision generally committed to an agency’s absolute discretion,” the CRS report said, quoting the high court ruling.

The CRS report continues saying the Administrative Procedure Act, or APA, provides “administrative enforcement discretion.”

The report was not published to support or refute the House lawsuit, but rather to examine the legal questions of an agency’s missed deadline for taking congressionally-mandated action, or suspended enforcement of a law passed by congress, and whether these delays are reviewable in court.

A “fact sheet” from the speaker’s office says the House lawsuit “is not based on a violation of regulatory procedure.” Boehner’s office also said the report has nothing to do with when the lawsuit will be filed.

“When agencies implement new rules or regulations, the APA requires that certain rulemaking procedures are followed,” the speaker’s office said. “However, an agency is not able to do whatever it pleases simply because it follows a rulemaking procedure. It cannot override or ignore the intent of Congress signified by clear language in a statute. The president acted beyond the scope of his authority when he chose to not enforce the employer mandate because the terms of the mandate were laid out in clear, unambiguous language – you can’t get much clearer than a firm date.”

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Dick Polman: Whatever happened to John Boehner’s stunt of suing President …



Hey, remember the House GOP’s big summer announcement that it intended to sue President Obama for his purportedly tyrannical behavior? Whatever happened to that, anyway? Did John Boehner file the suit or not?


What a perfect metaphor for the big-talking, do-nothing Congress. Three months ago, the House speaker was all hopped up about taking down the tyrant, like, pronto. Boehner declared: “The legislative branch has an obligation to defend the rights and responsibilities of the American people and America’s constitutional balance of powers—before it is too late.”

But something apparently happened on the way to the federal courthouse. I’m sure you are shocked to learn that the grandstanders never got there. Three reasons:

1. The lawsuit was a joke from the start. It accused Obama of abusing his executive powers because he had decided to postpone, by one year, the Obamacare rule that requires many employers to offer health coverage—or, as the House resolution put it, Obama would be sued for “a failure to implement—the Affordable Care Act.”

I believe I speak for many when I suggest that there’s something perversely ironic about suing Obama for failing to speedily enforce a law that the House GOP has voted to derail or repeal 50 times.

2. House Republicans got a report from the nonpartisan Congressional Research Service, which concluded that Obama was entirely within his rights to postpone the employer mandate by a year, and that he had followed the appropriate “informal rulemaking procedures” while doing so. In addition, the CRS said that these kinds of executive delays occur all the time, regardless of who’s president: “Often the (executive) has simply not been able to accomplish the required action within the time provided by Congress.”

House Republicans got this report in early September, but because the report dumped on their lawsuit scheme, they naturally kept it under wraps. We’re hearing about it now only because it was leaked.

3. House Republicans can’t even find a lawyer to file the suit. The original law firm dropped out last month. A second law firm dropped out this month.

The GOP blames the dropouts on pressure from “Democratic-leaning clients,” but it’s more accurate to say that these firms’ clients have stakes in Obamacare. Which is further proof that Obamacare is already well threaded into the national fabric—and that House Republicans, supposedly fiscal conservatives, would’ve been wasting money by paying those lawyers a reported $500 an hour for a long-shot case with a taxpayer tab running into the millions.

So much for Boehner’s summer theatrics. The official GOP fallback position, at the moment, is that it might tweak the lawsuit (drop Obamacare entirely? add immigration if Obama does an executive order on “amnesty”?) with the help of some in-house lawyer, and maybe file at the courthouse some time after the midterm elections.

What a great move that would be. Perhaps the party has already forgotten its current promise—to show the American people, in 2015, that it can actually govern with an affirmative policy agenda.

But Democrats shouldn’t smile too broadly about this latest Republican whiff—which brings us to a fourth reason.

This fall, the GOP didn’t need to file the lawsuit. The lawsuit was supposed to be a campaign talking point, but it turns out the GOP didn’t need the ammo. Obama is already a big drag on Democrats’ midterm prospects, and conservative voters already seem sufficiently energized. Plus, the anti-Obama narrative has fundamentally shifted. Three months ago, he was supposedly the uber-tyrant; today, he’s supposedly the un-tyrant, passive in the midst of crises.

And there’s no legal basis—and certainly no political need, given the midterm climate—to sue Obama for passivity.

Dick Polman is the national political columnist at NewsWorks/WHYY in Philadelphia and a “Writer in Residence” at the University of Philadelphia. Email him at His columns are distributed exclusively by Cagle Cartoons newspaper syndicate.






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John Boehner coming to Greater Cleveland on Sunday to stump for John Kasich … – Sun News

CLEVELAND, Ohio — U.S. House Speaker John Bohener is scheduled to come to Greater Cleveland on Sunday to stump for John Kasich and local Republican candidates in advance of Tuesday’s election.

Boehner is expected to appear at noon at the Lake County Republican headquarters in Painesville. He’ll address the party faithful along with Gov. John Kasich, Lt. Gov. Mary Taylor and U.S. Rep. Dave Joyce.

Then at 3:30 p.m., Boehner is to appear alongside U.S. Rep. Jim Renacci at a rally at the Ehrnfelt Event Center in Strongsville. Also slated to appear are Stronsville Mayor Tom Perciak and State Rep. Nan Baker, of Westlake.

County Councilman Jack Schron, who’s running as a Repulican for county executive, is scheduled to appear at both events.

Boehner, of West Chester, regularly stumps for congressional candidates across the state. In November 2012, his get-out-the-vote tour included a stop in the Lake County community of Painesville.

While there, he stumped for Republican presidential nominee Mitt Romney, as well as down-ballot Republican candidates, including then-U.S. Senate candidate Josh Mandel.

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Speaker of the United States House of Representatives John Boehner set to …

According to Guernsey County Republican Party Chair Ernest “Skip” Gardner, Speaker of the United States House of Representatives John Boehner is scheduled to appear in Cambridge on Nov. 3.

The time Boehner is to appear and the locations where he will appear have not yet been released to Gardner. Details will be released to The Daily Jeffersonian as they become available.

As a result of Boehner’s visit, the school crisis ALICE mock drill slated to be at Cambridge High School Nov. 3 has been postponed. The date the drill will be staged has not yet been determined, according to Cambridge Police Chief Randy LePage, but it will be released once it is set.

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GOP Speaker John Boehner makes pitch for Zeldin at Farmingville rally

Six days before the election, Republican House Speaker John Boehner came to the 1st Congressional District for a second time Wednesday night to headline a rally for State Sen. Lee Zeldin in his tight, multimillion-dollar battle with six-term Democratic Rep. Tim Bishop.

“I could be a lot of places tonight,” said Boehner, wearing an open-necked striped shirt and red sweater. “But I’m here on Long Island for one reason: because Lee Zeldin is going to win this race.”

Boehner was interrupted several times when about 200 excited GOP party activists chanted “Go Lee, Go Lee,” as the candidate entered the Farmingville rally.

“I need help in Washington and I’m not getting it from Nancy Pelosi, Harry Reid or Barack Obama,” Boehner said. “The guy I need help from is standing right next to me and that is Lee Zeldin.”

Zeldin, who introduced the speaker, told Boehner: “You’re getting me fired up.”

OpinionTim Bishop and Lee Zeldin on key issues

He also implored supporters to redouble their efforts in the campaign’s final days.

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“I see the war paint on your face, you are ready to make calls and knock on doors. . . . We have the opportunity to change Washington from our little corner of America,” Zeldin said.

Zeldin, who lost to Bishop six years ago, predicted victory. He said, “I see it in your eyes, I seen it on the streets. . . . Come Tuesday and as long as we work hard . . . I guarantee you we will win this race.”

While Republicans were rallying, Bishop Wednesday night attended a meet-the-candidate night at an Aquebogue winery sponsored by the Riverhead Chamber of Commerce and a similar event sponsored by the Centereach Civic Association at the local firehouse. Zeldin also made a stop at the event.

“It’s no surprise that Speaker Boehner would travel to Long Island to campaign for Lee Zeldin, because he knows Zeldin will be an obedient rubber stamp,” said Evan Lukaske, Bishop’s campaign manager. He added Boehner’s agenda would give “ever-larger tax breaks to the super rich and big corporations, all while shifting the tax burden onto the backs of Long Island’s middle-class families.”

Long IslandCampaign contributions on LI

Richard Schaffer, Suffolk Democratic chairman, also downplayed Boehner’s appearance. “We’ll have an army of people going door-to-door this weekend rather than people standing in a hall rallying,” he said.

However, Brookhaven Supervisor Edward Romaine said, “Where do you think the momentum is tonight?”

Boehner last month also appeared for Zeldin at a Bridgehampton fundraiser, where donors paid $500 to $2,600 to attend a cocktail party at the home of developer John Farrell.

Also Wednesday, Donald Trump sent out a robocall endorsing Zeldin. “Lee’s going to fight every single day in Washington to fix the devastating effects of Obamacare and put our country back in the right direction, because believe me it’s in the wrong direction right now,” Trump says in his recorded message.

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After Second Attorney Quits John Boehner Can’t Find A Lawyer Who Will Sue …


For the second time in two months, a law firm has dumped Speaker of the House John Boehner and refused to represent House Republicans in their lawsuit against President Obama.

Politico reported,

Attorney Bill Burck and the Quinn Emanuel firm halted preparations for the proposed suit in recent weeks, according to two sources familiar with the situation. Last month, the lawyer originally hired to pursue the case, David Rivkin of Baker Hostetler, made a similar abrupt exit.

A spokesman for Boehner declined to discuss the status of the House’s relationship with Burck and Quinn Emanuel. However, spokesman Kevin Smith said Wednesday evening that House leaders are considering having the lawsuit filed by lawyers already on the House payroll.

In other words, Boehner can’t find an outside attorney, so they are going to force the attorneys that are already on the House payroll to file the lawsuit.

Democratic Leader Rep. Nancy Pelosi (D-CA) responded the news that another Boehner lawyer has quit, “Speaker Boehner cannot find a single lawyer in the entire country – even at $500 dollars an hour in taxpayer money – to file a lawsuit that is so totally devoid of any legal merit.”

The lawsuit is so bogus that House Republicans can’t find decent legal representation for $500 an hour. There are lots of terrible lawyers who would be willing to file the lawsuit for that kind of money, but no law firm who values their reputation will touch it.

Any private law firm that would represent the House Republicans would be destroying their credibility. The lawsuit against the president has absolutely no legal merit, and Republicans may not be able to find a court that is willing to hear it. Even if House Republicans can find a court willing to hear it, the lawsuit is expected to be laughed out of court.

Instead of wasting taxpayer money on an outside firm, House Republicans will waste the time of those who are being paid by the taxpayers by forcing them to work on their lawsuit against President Obama.

The reason Boehner’s lawsuit hasn’t been filed is that he can’t find a law firm that is willing to take the case. Much like everything else that the House Republicans touch, Boehner’s lawsuit against Obama was full of talk, but completely lacking in action.

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John Boehner to stump for House candidates in surprisingly close races

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House Speaker John Boehner Rallies for Candidate Alex Mooney in WV

CHARLES TOWN, W Va. – With just days until November 4th, it’s crunch time and the candidates are breaking out all the stops to rally support.

“When’s the last time the Speaker of the House came to Charles Town, West Virginia? Ever? Ok,” said Republican Alex Mooney, candidate running for West Virgina‘s 2nd Congressial District.

United States Speaker of the House John Boehner visited Charles Town for Mooney’s “Get Out To Vote” Rally Tuesday afternoon.

“At this point in the campaign, you know the candidate’s done about all the candidate can do and now he’s got to rely on his friends and his neighbors and his staff to turn out the vote,” said Speaker Boehner.

The House Speaker not only rallied for Mooney but for other Republican candidates like Shelley Moore Capito who’s running for U.S Senate against Democrat Natalie Tennant.

“You can send your message to Washington with two votes,” said Speaker Boehner. “You can drive down to Washington and wave a banner. But the loudest thing you can do is to cast those two votes for Shelley and for Alex to send Washington a message that you’ve had enough of this administration and their crazy policies.”

Currently, it’s a close race for the State’s 2nd Congressional District seat. Mooney is running against Democrat Nick Casey who’s also received support from big names like Senator Joe Manchin.

“There’s a clear contrast between what the Speaker stands for and Nancy Pelosi, and what I stand for and my liberal Democratic opponent,” said Mooney. “So it’s up to the voters to decide who they want, what kind of government they want and I’ll fight hard for West Virginia traditional values.”

Mooney said he’s fighting for what West Virginians want but also fighting back claims questioning his motivation for running since the Republican hopeful was a Maryland state senator for several years before recently moving Jefferson County

“We are West Virginians by choice,” said Mooney. “I know my opponent would like to distract from talking about the issues and resort to personal type of criticisms but I think the voters would be more interested in hearing where we stand on the issues.”

Rep. Greg Walden, chairman of the National Republican Congressional Committee and West Virginia Attorney General Patrick Morrisey also expressed their support for Mooney at the event.

Early voting ends this Saturday, November 1 in West Virginia.

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Boehner: Obama confusing friends and enemies over Israel, Iran

House Speaker John A. Boehner issues a stinging rebuke to President Obama on Wednesday, telling him to get his troops in order after an administration official was quoted calling Israeli Prime Minister Benjamin Netanyahu a wimp, in more colorful language.

Mr. Boehner said it was time for Mr. Obama to treat American allies better and American enemies with a firmer hand, and said the president has threatened a long-standing bipartisan consensus.

“When the president discusses Israel and Iran, it is sometimes hard to tell who he thinks is America’s friend and who he thinks is America’s enemy,” Mr. Boehner said in a statement questioning why Mr. Obama allows his senior advisers to show disrespect and use profanity.

SEE ALSO: Netanyahu fires back at reported ‘chickens—t’ slur from U.S. official

The Atlantic quoted an unnamed senior administration official who called Mr. Netanyahu a “chickens—t prime minister,” saying he lacked political courage to make statesmanlike decisions.

The relationship between Mr. Obama and Mr. Netanyahu has been frosty, and congressional Republicans have regularly chastised the president for taking a tougher stand on Mr. Netanyahu’s policies. The Israeli leader has pushed for a stricter approach to Iran’s nuclear program, while the White House says it’s trying to negotiate a tricky international deal that must keep many stakeholders happy.

More recently, the Obama administration has signaled anger at settlement-building in Palestinian areas.

The White House fired back at Mr. Boehner Wednesday afternoon and pointed out the speaker’s own tendency to use colorful language.

“It’s an interesting observation by the speaker of the House who, as you all know, has a penchant for using some pretty salty language himself. It’s a little rich to have a lecture about profanity from the speaker of the house,” White House press secretary Josh Earnest told reporters.

He also said the U.S.-Israel relationship remains strong.

“Comments like that do not reflect the administration’s view and we do believe they are counterproductive,” Mr. Earnest said. “There is a very close relationship between the United States and Israel.”

Mr. Earnest also said he is unaware of who made the the remarks.

For his part Mr. Boehner said he’s tired of watching the administration “insult ally after ally” while making an “apology tour” to enemies.

“The president sets the tone for his administration. He either condones the profanity and disrespect used by the most senior members of his administration, or he does not. It is time for him to get his house in order and tell the people that can’t muster professionalism that it is time to move on.”

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John Boehner blasts administration diss of Benjamin Netanyahu

Speaker John Boehner sharply criticized the Obama administration on Wednesday for remarks a senior White House official made disparaging Israeli Prime Minster Benjamin Netanyahu and his nation.

The Ohio Republican said the comments, made to The Atlantic, threatens ongoing U.S. security concerns in the region and damages an already tense relationship between the administration and Israel.

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“For the last six years, this long-standing and bipartisan framework has been tested by an Obama administration that has repeatedly chased after adversaries at the expense of core U.S. national security interests and the security, confidence, and trust of our allies,” Boehner said in a release.

(Also on POLITICO: Obama, Bibi ‘chickensh—’ uproar)

In a wide-ranging story in The Atlantic on the U.S-Israeli relationship, an unnamed senior White House official called Netanyahu “a chickens—t.” The White House has since rejected the comments as inappropriate.

President Barack Obama and Netanyahu have not enjoyed a close relationship, despite a historically strong U.S. alliance with Israel that is vital for American military and security operations in the Middle East.

Boehner said the “disrespectful rhetoric” against Israel puts the White House’s goal of crafting a nuclear agreement with Iran at risk as the U.S. needs to create a deal that aligns with the interest of its allies.

“When the president discusses Israel and Iran, it is sometimes hard to tell who he thinks is America’s friend and who he thinks is America’s enemy. The House of Representatives has no trouble drawing that distinction,” he said.

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