In response to 30 Congressmen Sponsor Resolution To Bring Obama To Court For Not Faithfully Executing Laws:
As Charles Krauthammer noted on NPR, Sunday, HHS has “unilaterally and lawlessly changed every deadline in the Obamacare law without any legal authority in a way that is absolutely astonishing.”
If South Carolina Republican Rep. Trey Gowdy (R-SC) had his way – the incessant lawlessness of this Regime would be stopped in its tracks, today. He was on Fox News, Sunday to talk about Congressman Tom Rice’s (R-SC) resolution in the House to take Obama to court for not faithfully executing the laws.
Gowdy told Shannon Bream that the Obama administration’s flouting of the law had reached an “unprecedented level.” He said that although individual congressmen don’t have standing to challenge the president – the institution of Congress, as a whole, does.
“The case law that says members don’t have standing also allows for the institution itself — under a theory of vote nullification, that if the executive is just nullifying the votes of a co-equal branch of government — that we may have standing,” Gowdy explained. “So an individual member — the case you referenced was Dennis Kucinich – challenging the actions in Libya — he does not have standing. But the institution of Congress as a whole, if it relates to recess appointments or the Affordable Care Act or immigration – courts have signaled that they may say the institution itself has standing, and that’s what Tommy (Congressman Rice) is trying to do with his resolution.”
After rattling off a distressing litany of executive abuses under the president, Gowdy said Congress is running out of options to protect their constitutional turf.
“I don’t like running to the court,” he told Bream. “I’d rather use any other remedy other than going to the court. But our other remedies have not worked, and the judicial branch is there for a reason. In certain circumstances Congress ought to be able to assert its standing, and I just think the pervasiveness of his ignoring of Congress has reached a point, we don’t have a choice.”