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House Speaker John Boehner of Ohio strides to the House chamber on Capitol Hill in Washington, Wednesday, July 30, 2014, as lawmakers prepare to move on legislation authorizing an election-year lawsuit against President Barack Obama that accuses him of exceeding his powers in enforcing his health care law. Democrats have branded the effort a political charade aimed at stirring up Republican voters for the fall congressional elections. They say it's also an effort by top Republicans to mollify conservatives who want Obama to be impeached — something Boehner said Tuesday he has no plans to do. (AP Photo/J. Scott Applewhite)
Utah Republicans join GOP-led House in OKing suit vs. Obama
Politics » Obama to GOP: “Stop just hating all the time.”
First Published Jul 30 2014 05:08 pm • Last Updated Jul 31 2014 11:24 am

Washington • A sharply divided House approved a Republican plan Wednesday to launch a campaign-season lawsuit against President Barack Obama, accusing him of exceeding the bounds of his constitutional authority. Obama and other Democrats derided the effort as a stunt aimed at tossing political red meat to conservative voters.

Just a day before lawmakers were to begin a five-week summer recess, debate over the proposed lawsuit underscored the harshly partisan tone that has dominated the Congress almost from its start in January 2013.

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The vote to sue Obama was 225 to 201. Five Republicans voted with the Democrats in opposing the lawsuit. Utah’s three House Republicans — Reps. Rob Bishop, Jason Chaffetz and Chris Stewart — voted for the effort. Rep. Jim Matheson, D-Utah, like every other Democrat, opposed it.

Republicans said the legal action pushed by House Speaker John Boehner, R-Ohio, focusing on Obama’s implementation of his prized health-care overhaul, was designed to prevent a further presidential power grab and his unilateral decisions on how to enforce laws.

"I feel a keen responsibility to preserve and maintain the balance of power laid out in the Constitution," Chaffetz said. "Ultimately, if successful, this action will restrain excesses by future presidents of both parties."

Republicans also scoffed at Democratic claims that the lawsuit would be a waste of taxpayers’ money.

"What price do you place on the continuation of our system of checks and balances? What price do you put on the Constitution of the United States?" asked Rep. Candice Miller, R-Mich. "My answer to each is ‘priceless.’"

Democrats said the lawsuit would go nowhere and was designed only to encourage conservatives to vote in November’s congressional elections. They also warned repeatedly that it could be a precursor of a more drastic GOP effort. Said Rep. Louise Slaughter, D-N.Y.: "The lawsuit is a drumbeat pushing members of the Republican Party to impeachment."

In fact, Democrats already are using that argument to mine campaign contributions. In their latest appeal, House Democrats emailed a fundraising solicitation even as debate was underway, saying, "Republicans have said this lawsuit has ‘opened the door’ to impeachment." The appeal asked for support for Democrats who "will finally put a stop to the tea party crazies and get President Obama’s back."

Some prominent conservatives, including former Republican vice presidential candidate Sarah Palin, have called for Obama’s impeachment, and some House GOP lawmakers have not ruled it out. Boehner has said he has no such plans and has called Democratic impeachment talk a "scam" to raise money.


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"Impeachment is off the table. Why hasn’t the speaker said that," House Minority Leader Nancy Pelosi, D-Calif., said.

On the road in Kansas City, Missouri, Obama cast the lawsuit as a "political stunt" and a distraction from the public’s priorities.

"Every vote they’re taking like that means a vote they’re not taking to actually help you," he told his audience. He urged Republicans to "stop just hating all the time."

By suing Obama to demand that he carry out specific provisions of the 2010 health care overhaul, House Republicans would be asking the courts to hold him to the letter of a law that they all opposed and that the House has voted over 50 times to dismantle.

Republicans have accused Obama of exceeding his powers in a range of areas, saying he has enforced provisions he likes and ignored others.

These include not notifying Congress before releasing five Taliban members from the U.S. military prison at Guantanamo Bay, Cuba, in exchange for captive Army Sergeant Bowe Bergdahl, blocking the deportation of some children who are in the U.S. illegally and waiving some provisions of the No Child Left Behind education law.

Democrats say Obama has acted legally and simply has used the authority he has as chief executive.

Republicans have not laid out a timetable for actually filing the suit.

As for its chances of legal success, federal courts often are reluctant to intervene in disputes between the executive and legislative branches. For the suit to survive, the GOP first would have to prove that the House had been injured by Obama’s actions. And even if the lawsuit was heard, it is unclear whether it could be decided while Obama still was in office.

Timothy K. Lewis, a former judge in the 3rd U.S. Circuit Court of Appeals who was nominated by former President George H.W. Bush, said that with appeals, it would take at least one-and-a-half to two years for the suit to wind through the federal judicial system.

Obama leaves office in January 2017.

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