Lawsuit if Obamcare is “Slaughtered” Through
Tags: Obamacare.
Good news:
Mark R. Levin, president of Landmark Legal Foundation, today issued a warning to the leadership of the U.S. House of Representatives about the possible use of the so-called “deem and pass,” “self-executing,” or “Slaughter Rule” to enact H.R. 3590, the legislative version of President Obama’s healthcare proposal that has been previously approved by the Senate. If this tactic is employed, Landmark will immediately sue the President, Attorney General Eric Holder and other relevant cabinet members to prevent them from instituting this unconstitutional contrivance.
“Landmark has already prepared a lawsuit that will be filed in federal court the moment the House acts. Such a brazen violation of the core functions of Congress simply cannot be ignored. Article I, Section 7 of the Constitution is clear respecting the manner in which a bill becomes law. Members are required to vote on this bill, not claim they did when they didn’t. The Speaker of the House and her lieutenants are temporary custodians of congressional authority. They are not empowered to do permanent violence to our Constitution.”
With Nancy performing as House Dominatrix I do expect them to pass this dog of a bill. But I’m delighted to see the legal challenge all set to go – and, of course, I look forward to November’s results.
UPDATE: Idaho will challenge any individual mandate
Mark Noonan is co-author (with Matt Margolis) of Caucus of Corruption: The Truth About The New Democratic Majority. He also blogs at Nevada News and Views. Follow Mark on Twitter.
74 Responses to “Lawsuit if Obamcare is “Slaughtered” Through”
Caucus of Corruption
You can bet my beloved Texas won’t be far behind, Mark. We already assured Lord And Master that our AG would file suit if he signed this dog. Barring that, we have Nullification.
I’m not sure any state is actually going to challenge HCR when it passes. That’s a lot of money to spend on what will ultimately be a losing proposition. Even though Idaho and Virginia have said they will sue, they both have big budget deficits. Since they can’t run deficits, what will they cut to fund the lawsuit? How will the voters react to it?
Now Levin, on the other hand, may actually file suit. He can use it as a fund-raising tool for Landmark. If he does sue and if it gets to an actual hearing, it will be interesting to watch former and current Republican Congressional leaders testify that self-executing rules are perfectly legal, since they used them so much in the past.
Also, the jobs bill passed the Senate a couple days ago via a self-executing rule. The Senators didn’t vote on the actual bill, the voted on a rule that, upon approval, deemed the underlying bill as passed. Where is the outrage? When is Levin or any state going to file suit to stop the enactment of that legislation?
Is this the ‘jobs’ bill that was supposed to use/steal the monies repaid to the government from Bush’s TARP program? Because if it does try to confiscate that money, it too could face a legal challenge.
The TARP bill language was specific in its inflexible requirement that the monies, and interest, when repaid, SHALL be applied to the deficit.
Irrelevant to the topic of self-executing rules.
whatever, they’ll lose…again.
>now go to the back bench & quit squabbling wingnuts!
Yes, submit to the authoritarians!! Just like our brownshirt comrades kmg and ohio. It’s better to be told what to do, how to live, and what’s best for us, that way those evil capitalists wont hurt us.
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Is it me, or are our liberals becoming comical caricatures of stalinists?
brownshirts were rightwing fascists.
>cant even get the insults correct…
oh sweetie, you’re a brownshirt. In fact, you are the queen of brownshirts. Nothing more than a dark skinned tool of your masters.
“rightwing fascists” is a contradiction in terms, an oxymoron. Fascism was, is, and always will be a leftwing construct, firmly and permanently on the left side of the political spectrum, kissin’ cousin to Liberalism, Progressivism and Socialism.
I thought that even the most knuckledragging of the moronic Left had finally dropped that old “right wing fascist’ canard, after being beaten up on it so badly and so often, and having the history of the movement shoved down their puling throats so often.
kmg,
Did you know that many governors are anticipating higher unemployment because of the jobs bill, due to inadequate funding measures? Did you know that the bill is most likely unconstitutional due to TARP I monies being respent? Just a few little fun factoids about the hastily crafted, worthless bill
So, cluster, where are the threats of lawsuits? If the jobs bill will be so devastating and if they truly believe self-executing rules are unconstitutional, don’t they have a responsibility to fight it? Are these Governors abdicating their responsibility?
Two of them aren’t. Look there is so much to be outraged about with this piece of sh*t president, that you gotta pick your fights. And trust me, we’re going to fight.
I will lobby and support any cause to bring down this president in any manner possible, as soon as possible. And there are many more like me. He is without doubt, and by far, the worst president this country has ever had.
Excellent cluster. You will try to “take down” a legitimately elected President “in any manner possible” because you don’t agree with his policies.
Where are you drawing the line on your “any manner possible”?
Really? Point me to the two Governors who are suing the federal government over passage of the jobs bill.
wow, joe, just because he is “legitimately elected” allows you to turn your head and ignore anything he does that may be unconstitutional?
Oh, yea, like you looked the other way when the Clinton impeachment was “about sex”.
wow, joe, can you be anymore than the useful idiot mindless lemming that you reinforce day after day?
truly pathetic.
Yet again, no actual data from you, huh?
What did Obama do or is he doing that is unconstitutional?
Do tell.
joe, I have it on good authority that the president will be taken down on the White House lawn during the annual Easter Egg Roll, when cluster will tie his shoelaces together and then push him backwards over a kneeling neocon.
I’d rush to report this to Homeland Security, you pompous little ass.
yep, joe, you are selectively and purposefully being ignorant, a useful idiot drone.
Obamateur will allow the health care bill to be passed through procedural maneuvering rather than an up/down vote in the House.
That is unconstitutional. So if the “legitimately elected” President allowed this to happen you would willing look the other way. Since this produre maneuvering has been plastered all over the media for the past week then anyone with the IQ to blink would know what is going on.
But you………. all you can only say is “what will he do that is unconstitutional?”
You have demonstrated, joe, that you are incapable of living in a free coundtry. YOU need someone, namely the government, to take care of you from the womb to the tomb. The only concern you want to have is what reality show should you watch tonight.
Truly pathetic joe.
Source
HUNDREDS of times under Gingrich and Hastert. Where was the outrage then? Oh wait… it was ok because it was what you wanted.
There is nothing to file a lawsuit on! This is all legit process. Get a freaking grip and stop freaking out over every little thing that doesn’t go your way. You are like school children crying when you don’t get your way.
Oh by the way, The CBO numbers are out
Sucks when the numbers don’t fall your way, huh? Start whining now that the CBO are just partisan hacks. Go ahead.
yep, ill-behaved school children.
>remember the screaming temper tantrums during the health care townhalls?
>ps – just ooze back into ur SUV & scamper back to the burbs where no minorities (hopefully) live…
“screaming temper tantrums”=booing when representatives ducked questions and/or lied in their answers.
Shameful, indeed. Didn’t these Americans understand that NO ONE challenges The One We Have All Been Waiting For, or his minions?
Who the hell did they think they were, assuming that they had the right to honest and truthful answers from their elected representatives?
Hey, orrie, is it possible for you to make any post without falling back on your silly racist whines? The sniveling is really annoying. I’m used to you being totally unmanly in this post, that is no surprise, but the sniveling is just a tad bit too much. Man up a little, OK?
Or calling Barney Frank a faggot and John Lewis a nigger in the halls of Congress? Or throwing a brick though a Congresswoman’s office window?
I, personally, do find that shameful. You apparently disagree, amazona.
Joe,
Why don’t they just pass the bill now? What’s holding them up? And if you believe the talking points that you listed, I feel sorry for you. A mind is a terrible thing to waste. And big government is a terrible thing to empower.
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kmg,
No action yet, but at least two governors have shown the spine necessary to stand up to an ever intruding federal government. Unfortunately apparatchiks like you, feed the statists.
cluster, no comments on the CBO numbers?
Are they just spouting Democratic talking points too??
Or is it that their numbers just don’t jive with your preconcieved (GOP-talking points) belief of the bill?
joey sweetie,
CBO numbers are predicated on stripping $500 billion worth of fraud and waste out of medicare. When was the last time the government was successful in that endeavour? Please cite the examples.
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CBO numbers are also predicated on four years of taxation and revenue collection before benefits kick in. Do you see any inherent problems with that accounting?
Cluster,
Trying to find where anything says that the CBO numbers are predicated on “four years of taxation”.
joe again shows his complete ignorance about …. everything!
Joe, don’t you know that this disaster of a bill will tax you four years before you even receive a single benefit? That is their accounting gimmick. Another lie for ignorant masses to swallow without question.
Good for you joe, you proudly count yourself among the “sheeple”.
Really, really pathetic.
Still don’t want to point to where “four years of taxation” is being used in the CBO numbers, huh?
Just call me an idiot, but don’t actually use any real information in your claims.
joe imbecile (you’ve gone beyond idiot),
FOUR YEARS OF TAXATION BEFORE THE BENEFITS KICK IN IS WHAT IS IN THE BILL. THE CBO EVALUATES WHAT IS IN THE BILL.
Sheesh. you are a moron. It is no wonder you need the government to take care of you.
ohio,
Do you have any discernable negro dialect? Because that’s what matters with black liberals. As long as they don’t talk “black”, they might have a chance to succeed.
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I just can’t figure out why they don’t hold the vote now. Anyone?
what do u mean by “discernable negro dialect”?
The dialect that Obama doesn’t have according to Harry Reid. I don’t know, it must be a liberal thang.
hummm…well if u dont know what ur talking about then i dont either.
may b like ur b 2 dum to rite rite
WHY AREN’T THE DEMOCRATS VOTING ON THIS BILL NOW?
The Dems promised to have the bill posted for 72 hours after the CBO returned their numbers.
The numbers were released today. 72 hours gets us to Sunday.
Geesh… a popular GOP complaint is that they don’t know what they are voting on because it is being “jammed thru”. Now we are waiting the 72 hours as promised and you are complaining.
What won’t you complain about????
BECAUSE THEY SAID IT WOULD BE SCORED AND AVAILABLE FOR 72 HOURS PRIOR TO VOTING!
Calm down, cluster.
Since you couldn’t provide the name of a Governor who is suing over the jobs bill, can you at least name one who has even hinted at it?
No comment on the CBO numbers?
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Governors are taking action over healthcare sweetie. Everyone knows that the worthless jobs bill will amount to nothing, so no need to worry about that waste of money.
OH, so now they are not voting because of the 72 hour promise? Wow, you two dutifully regurgitate the talking points!!!
When did the magic “72 hours” stop them before when they had the votes for the “stimulus bill” and the “earmark bill”? The congressmen and senators had less that 24 hours to read and vote? We did not get the magic “72 hours” on those, did we?
You two are pathetic mindless drones.
So if we don’t wait the 72 hours, you complain.
If we do wait the 72 hours, you complain.
WTF? You say Dems just spout talking points, then you say exactly what the GOP is saying. Who is the parrot? Perhaps you should look inward.
joe, stop, stop, stop.
You are incapable of seeing the nose on your face, much less the obvious.
If Pelosi had the votes she would not hesitate to hold the vote on the “holy grail” of entitlements, LIKE SHE DID IN THE PAST on those bills I stated.
I am not complaining – just pointing out that they using the 72 hour timeframe to strong-arm more reps for votes.
In summary, for you with barely an IQ to blink….
When Pelosi and Reid had the votes – the 72 hour “grace period” did not exist.
When Pelosi is short of votes no vote is being held and the 72 hour EXCUSE is used.
And sadly, you drones fell for it. Now go wait by the mailbox for your next entitlement check, since you are and have demonstrated that you cannot live in a free society where PERSONAL responsibility is necessary.
Truly, truly pathetic joe.
Hahahaha! What, you couldn’t get Orly Taitz to file this lawsuit? It seems like it’d be her style.
how bout palin? just as goofy as taitz.
>oh wait, that would extend her 15 mins..
Do you guys honestly think that if Pelosi had the votes, that she would have held it? Even Hoyer, and Obama admitted that the 72 hour rule wouldn’t be the deciding factor.
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But I will enjoy watching this unfold:
http://www.idahostatesman.com/2010/01/01/1026646/gov-butch-otter-threatens-lawsuit.html
Cluster
you are arguing with the donkrat flying monkey show,
they are incapable of independent thought, typical under 40 dumbed down brainwashed obomabot kneepadder lemmings who dont know they are the frogs in the pot, and the water is being heated up slowly until they boil to death before they realize what is happening.
Think russia and germany pre WW2
Mark,
when is enough useless crap enough from posters like neocon that never add anything of any meaning to the overall debate?
cluster is condescending, but at least he makes an effort to make a point which is really all you can ask.
joeB0
did you read what I posted?
refute what I said …….”who dont know they are the frogs in the pot, and the water is being heated up slowly until they boil to death before they realize what is happening.”
we are being nationalized and bankrupted and you MORONS are cheering this on.
wah wah boo hoo joeB0 put some ice on it.
The point, cluster, is that the jobs bill passed by a self-executing rule. Is a self-executing rule only unconstitutional when you don’t like what is in the underlying bill? If not, why has no one threatened to sue or even raised any kind of stink over how it was passed?
KFC-bagger
bull crap, this is a blatent attempt to circumvent our constitution and if it were the GOP you would be ripping your hair out and peeing your panties.
fmr-bagger,
How about you answer the question that cluster has been dodging?
The point is, kmg, that the jobs bill appears to be based on the illegal confiscation of funds which were clearly and unambiguously decreed to be returned to the treasury to pay down the deficit when they were repaid. This was legislation voted on by Dems as well as Republicans and signed into law.
Irrelevant to the legality of self-executing rules. Try to stay on topic.
The point, kmg, is the I am not the one to bring that up with, because I don’t care how it fails, or passes. I am more concerned with the stench that eminates from this bill, as you should be. But sadly, I don’t really think you care about the substance, so much as you do the politics.
cluster,
The topic of this thread is the so-called “Slaughter” rule. I don’t care what you think of the rule. What I am asking is your opinion of those threatening to sue, saying the rule is unconstitutional, while nt saying a single word about the jobs bill when it passed via a self-executing rule. Are they hypocrites?
So you don’t care about the substance do you? Just admit it. You’d rather find the nuances of hypocrisy. I have pointed out to you how the CBO nmbers are skewed because of the accounting, now there are governors in some states prepared to sue the federal government, and your representatives are bribing other representatives to get the votes they need to pass this financially irresponsible bill that will lead to inefficiencies and cost over runs galore. But all kmg cares about is catching some GOPer in hypocrisy. Well done tool.
Nice attempt at deflection, cluster. Try staying on topic.
KFC-bagger
answer the question chicken leg
You two can go first, fmr-bagger.
KFC-bagger
Imitation is the highest form of flattery
fmr-elvis bagger.kmg,
Re: your question on hypocrisy (as I can certainly see why you want to hang on to this issue, rather than address the actual bill), I would need to see the context of which those GOPers spoke. I mean liberals like context right? So letb some take some time and go over the last few years of their positions and speeches and I will get back to you.
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But on the subject of hypocrisy, Jason Altmire was in the media yesterday saying that the Slaughter provision was not the right thing to do with this bill, but then votes yes today. Your thoughts?
cluster
KFC-bagger’s thoughts = I know I am but what are you?
I don’t know about Altmire. Perhaps someone talked to him and convinced him of the truth; that self-executing rules are common and completely legal.
How? And no talking points or rants. Specifically, how does it circumvent the constitution?
are you that stupid that you dont understand…or is it a genetic condition that makes it so that you cant understand kmgtard?
Such a brazen violation of the core functions of Congress simply cannot be ignored. Article I, Section 7 of the Constitution is clear respecting the manner in which a bill becomes law.
Members are required to vote on this bill, not claim they did when they didn’t. The Speaker of the House and her lieutenants are temporary custodians of congressional authority. They are not empowered to do permanent violence to our Constitution.”
So what does Art. I, Sec. 7 actually say?
Part of the rule bringing the reconciliation bill to the floor states that approval of the rule constitutes approval of the Senate HCR bill.This is perfectly legal as it meets the requirements of the Constitution. The Yeas and Nays are recorded on the vote for the rule. Per Art. I, Sec. 5, “Each House may determine the Rules of its Proceedings.” The House and Senate have determined that self-executing rules are part of the rules of their proceedings. In fact, self-executing rules are fairly common.
i guess you arent a lawyer, eh?
Now, that is some in-depth legal analysis, js. I am in awe of your detailed rebuttal.
never before has a self executing rule been employed to circumvent freedom, or to make a power grab for 1/6th of the US Economy by socialists…let alone…pretend that congress has the authority to require anyone to pay for health insurance…or spend tax money on abortions….
…face it libtards…you buys are already chewing on shoe leather…why would you defend a pile of dung and pretend like you are eating steak…we are no where near as gullible as you are…so you are not fooling anyone but yourselves…
Every single thing in that comment is just your opinion, js. How much is that worth?
The American people are not stupid. While the manipulations of Pelosi, et al, may be technically legal, it is a matter of record that they had to recourse to this because they had so much opposition to the bill they simply could not get representatives to openly vote for it.
And we don’t like sneaks and weasels.
We know that in this case, this method has been chosen so that reps can suck up to the White House and give Barry what he wants, without actually going on record as supporting the bill. This is not going to work, as people can recognize weaseling out of personal responsibility when they see it, and these reps will have their feet held to the fire when they go back home. Their constituents wanted them to vote the bill down, not play some game where they could create a situation in which the bill passes without being ethical enough to stand up and openly vote for it.
What happened, happened. No one can change history (though Libs can and do rewrite the books). I did not follow the votes that kmg is bleating about, but as they got no attention from the Complicit Agenda Media at the time, nor objections from the Dems, nor concerns about them, there is no reason to drag them in now. If there is precedent for this move, there is precedent for this move. But the technical legality of the maneuver is not going to shield the cowardly Dems from repercussions when they go back home and have to take heat for their sneakiness and lack of backbone.
Now it is your turn, to squeal about me supporting torture by recommending that voting Dems have their feet burned.
Then Mark’s and Levin’s whole point is BS. Mark is engaging in demagoguery and Levin is just trying to raise money.
Then you should start chastising Hastert and Gingrich for the 200+ times they used self-executing rules. You should also be targeting the Republican Senators who voted to pass the jobs bill via a self-executing rule this week.
Oh, and I noticed that Ensign and Vitter are still members of the Senate, so you obviously only dislike some sneaks and weasels.