Even with the best lawyers tax money can buy and a judge appointed by the shrub, Boehner barely got his day in court.…
Even
with the best lawyers tax money can buy and a judge appointed by
the shrub, Boehner barely made it through the first hurdle of his
attempt to get the courts to take healthcare away from millions of
Americans. That hurdle is whether the party bringing the suit has a
right to do so and if the court has the right to consider the suit.
After multiple failures in the courts, after several
reputable lawyers refused to take this suit and rejection by the lower
courts, not to mention the political failures Boehner welcomed this
small victory. While some argue that the procedural standard is high,
the fact remains the only thing this judge decided is that Boehner gets
to have his day in court – on the taxpayer’s dime of course.
Judge Rosemary Collyer, granted Boehner standing
for the portion of his suit that challenges the Obama Administration’s
use of executive powers to realize a cost sharing program with insurance
companies, for eligible policy holders.
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,
Several times the Judge emphasized this ruling is
restricted to considering if the court has a right to hear the case but
that the ruling shouldn’t be read as a “victory” for either side.
“The Court stresses that the merits have not been briefed or decided; only the question of standing has been determined,”
Of course, Boehner ignored that part of Judge
Collyer’s ruling in his effort to make it appear that recognizing his
right to a day a court is the same thing as justifying his claim of
“overreach.”
Judge Collyer threw out the portion of the law suit
that challenged the Treasury Department’s decision to delay the
employer’s mandate. In legal terms, this was really a big deal.
In reality, that is what the suit was all about. Boehner initiated the lawsuit on this basis.
Yes, you read that right. While Republicans
criticized the employer’s mandate earlier on, when that strategy failed,
they opted for complaining about its implementation being delayed.
So, when it comes down to it, Boehner’s “victory” is about as small as it can be.
The Obama Administration announced that it plans to appeal Collyer’s decision immediately.
The district court’s
decision is unprecedented and the Department of Justice has indicated it
plans to seek immediate appellate review… This case is just another
partisan attack, and we believe that ultimately the courts will dismiss
it for what it is — an inappropriate attempt to involve the judiciary in
disputes between the other branches,
This lawsuit is the latest Republican ploy to
destroy the Affordable Healthcare Act. For Boehner and company this is
partisan politics. For the millions of Americans who wouldn’t have
healthcare if not for the Affordable Care Act, this is Republicans, once
again, playing politics with their lives.
