Sunday, June 29, 2014

Obama Is Losing In The Courts Like Never Before

Normally, the lawyers for the Executive Branch have done pretty well when the actions of the Presidents, cabinets and, agencies are challenged in the courts and, ultimately, in the Supreme Court; winning 70% of their challenges.

But, as reported last year, Obama's not-so-tour-de-force team of lawyers has lost two-thirds of their high court challenges.  In fact, the latest loss --  Obama's deemed-unconstitutional recess appointments to the National Labor Relations Board -- was the 12th such loss in just 2-1/2 years where there was a unanimous decision against him.  Even two members of the high court who were appointed by the President -- Sonya Sotomeyer and Elena Kagan -- have voted against him in those unanimous losses because there was obvious Administration overreach.

I think, to many, this shows that Obama is running the government in an imperial fashion and without regard to the Constitution of the United States; a document that he, under oath, pledged to uphold.  Sadly, not every executive order from this President will be challenged but, many should be.

Once again, the sheer number of court challenges and subsequent losses speaks volumes to the lawlessness of his go-it-alone use of executive orders.  If the Congress -- on both sides of the aisles -- aren't willing to stop him then, the power of government will, forevermore, be shifted to the President and away from Congress.  While the Democrats might approve of the Obama's actions today, there will come a time when there is a sitting GOP president who, based on precedent, could do the same thing; and, this is a very dangerous path to be on.  Even the noted liberal law professor, Jonathan Turley, has expressed his concerns over Obama's overreach of power.

While some might balk at Speaker of the House John Boenher's lawsuit being filed against Obama's use of executive actions, it is the first real action being taken to reel-in this overreach of power for those executive actions that haven't yet made it to the courts or that never will.  Also, the very announcement of the lawsuit gives many Americans a heads-up on what is going on in the White House.  To me, this is a better alternative than bringing politically-damaging impeachment proceedings against the President,  even though, some of what he's done is truly impeachable.  Given Obama's track record in the courts, Boehner's lawsuit has a good probability of winning.


Obama administration has lost two-thirds of Supreme Court cases:

Obama Suffers 12th Unanimous Defeat at Supreme Court:

George F. Will: Stopping a lawless president:

Cutting Through The Fog:  Why Obama's Executive Orders Are Lawless:

Turley: Obama's "Become The Very Danger The Constitution Was Designed To Avoid":

Boehner plans to file suit against Obama over alleged abuse of executive power:

Boehner to Seek Bill to Sue Obama Over Executive Actions:

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