House Republicans have hired noted constitutional lawyer, Professor Jobathan Turley of George Washington University, to oversee thier lawsuit against the president for his executive overreach.
Turley, who has testified in two House hearings about presidential overreach, has argued “in favor of the suit against Obama’s executive order delaying the employer mandate provision of Obamacare.”
This is Republicans’ third lawyer since the suit was initially passed in July. Two previous lawyers dropped the case and the House has yet to file the lawsuit in federal court.
“Professor Turley is a renowned legal scholar who agrees that President Obama has clearly overstepped his constitutional authority,” said Michael Steel, a spokesperson for Speaker John Boehner. “He is a natural choice to handle this lawsuit.”
Turley wrote about it at his blog,
As many on this blog know, I support national health care and voted for President Obama in his first presidential campaign. However, as I have often stressed before Congress, in the Madisonian system it is as important how you do something as what you do. And, the Executive is barred from usurping the Legislative Branch’s Article I powers, no matter how politically attractive or expedient it is to do so. Unilateral, unchecked Executive action is precisely the danger that the Framers sought to avoid in our constitutional system. This case represents a long-overdue effort by Congress to resolve fundamental Separation of Powers issues. In that sense, it has more to do with constitutional law than health care law. Without judicial review of unconstitutional actions by the Executive, the trend toward a dominant presidential model of government will continue in this country in direct conflict with the original design and guarantees of our Constitution. Our constitutional system as a whole (as well as our political system) would benefit greatly by courts reinforcing the lines of separation between the respective branches.
After I testified earlier on this lawsuit, I was asked by some House Members and reporters if I would represent the House and I stated that I could not. That position had nothing to do with the merits of such a lawsuit. At that time, in addition to my other litigation obligations, I had a national security case going to trial and another trial case in Utah. Recently, we prevailed in both of those cases. Subsequently, the House General Counsel’s Office contacted me about potentially representing House. With the two recent successes, I was able to take on the representation.
He appeared on the Kelly File with Megyn Kelly, last night, to discuss Obama’s serial abuses of power.
“It’s a sad moment and it’s a very dangerous moment,” Turley noted. A congress is coming in with the full voice of the American people behind them – that’s what an election is. Now you disagree with the outcome – but you have to respect the outcome. What the president is suggesting is tearing away the very fabric of the Constitution. We have a separation of powers which protects us, ” he declared.
“We will rue the day that you helped create this Uber-presidency,” Turley warned fellow liberals.
Hat tip: Ace of Spades