House Wins Victory in Court – Judge Says Obama Broke the Law

FedUp PAC StaffHouse Wins Victory in Court

Conservatives were vindicated last week when Federal Judge Rosemary Collyer ruled that President Obama broke the law by providing some ObamaCare subsidies without an appropriation from Congress.

The victory was especially welcome because the plaintiff in the lawsuit was the House of Representatives, which pursued the suit despite warnings by “experts” that no Federal judge would ever allow the case to go to trial.

The spur for the suit came from Rep. Tom Rice (R-SC), who introduced H Res 442, the Stop This Overreaching Presidency (STOP) resolution. STOP would have authorized the House to sue President Obama on a broad array of issues, challenging through the courts his authority to change or refuse to enforce laws enacted by Congress. The US Constitution grants “All legislative Powers” to Congress, while assigning to the President responsibility to “take Care that the Laws be faithfully executed”.

Rice pointed out that a lawsuit could be authorized by a House resolution, bypassing the need for Senate approval and giving the president no chance for a veto.

Washington insiders scoffed at the notion that Federal judges, appointed by presidents, would be willing to hear such a case. Even after the House Judiciary Committee held hearings that highlighted Obama’s unconstitutional actions and heard legal scholars explain why the courts should and would allow such suits to go forward, the House leadership dragged its feet.

Finally, then-Speaker Boehner allowed the passage of a resolution authorizing a single suit against ObamaCare. The “experts” laughed – until Judge Collyer agreed to let the suit go to trial.

They are not laughing now. At least one Federal judge believes the Constitution means what it says.

Has the House leadership learned its lesson? Will it now proceed to file suits on other matters where Obama has gone beyond the law, such as his 2012 DACA amnesty (which is not being challenged in the lawsuit filed by 26 states against the 2014 DAPA amnesty)?

Even though President Obama will soon be leaving office, Federal court decisions would establish important limits on the power of all future presidents. Challenging Obama is an important step in restoring constitutional government.

Conservatives are waiting to see if the House will do its duty.

Please fill out our Make Obama Obey the Constitution Poll.