8

Boehner prepares resolution to sue Obama

House Speaker John Boehner on Thursday released a draft of a resolution he’ll introduce authorizing the House to sue President Obama over his 2013 decision to unilaterally delay implementation of the Affordable Care Act’s employer mandate.

“In 2013, the president changed the health care law without a vote of Congress, effectively creating his own law by literally waiving the employer mandate and the penalties for failing to comply with it,” Boehner, R-Ohio, said in a statement issued with the draft. “That’s not the way our system of government was designed to work. No president should have the power to make laws on his or her own.”

The resolution reads as follows:

Providing for authority to initiate litigation for actions by the President inconsistent with his duties under the Constitution of the United States.

Resolved, that the Speaker may initiate or intervene in one or more civil actions on behalf of the House of Representatives in a Federal court of competent jurisdiction to seek relief pursuant to sections 2201 and 2202 of title 28, United States Code, and to seek appropriate ancillary relief, including injunctive relief, regarding the failure of the President, the head of any department or agency, or any other officer or employee of the United States, to act in a manner consistent with that official’s duties under the Constitution and laws of the United States with respect to implementation of (including a failure to implement) any provision of the Patient Protection and Affordable Care Act and title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010, including any amendment made by such provision.

SEC. 2. The Speaker shall notify the House of Representatives of a decision to initiate or intervene in any civil action pursuant to this resolution.

SEC. 3. The Office of the General Counsel of the House of Representatives, at the direction of the Speaker shall represent the House in any civil action initiated, or in which the House intervenes, pursuant to this resolution and may employ the services of outside counsel and other experts for this purpose.

The House Rules Committee will consider the draft resolution next Wednesday, July 16.

Drew Hammill, spokesman for House Minority Leader Nancy Pelosi, D-San Francisco, issued a statement later Thursday:

“Instead of working to create jobs, instead of working to strengthen the middle class or addressing any of the urgent issues facing our nation, Republicans are wasting taxpayer dollars on another toxic partisan stunt.

“Time and again, House Republicans’ total abdication of responsibility has forced the President to act. They’ve wasted billions of taxpayer dollars forcing a downgrade of the U.S. economy and a shutdown of the federal government, and now, after wasting millions defending discrimination in the federal courts, the resolution unveiled tonight would authorize hiring more partisan lawyers for yet another legal boondoggle doomed to fail.

“This lawsuit is just another distraction from House Republicans desperate to distract the American people from their own spectacular obstruction and dysfunction. Congress should be creating jobs, raising new ladders of opportunity, and focusing on the challenges facing hard working American families.”

0

Miller: Petition might be last option to avert ruin

An effort to force a House vote on a “clean” continuing resolution to re-open the federal government “may become the parachute that saves us from crashing” if other plans fall through in the next day or so, Rep. George Miller said Tuesday afternoon.

George MillerA plan for the House to vote Tuesday evening on a GOP proposal to raise the debt limit and reopen the government appears to be on the rocks. House Republicans appear split on whether to support it, and the Democrat-led Senate probably wouldn’t pass it anyway because it would fund the government only through mid-December and it’s predicated on a tweak to the national health insurance law.

Senate leaders had been inching toward a deal of their own Monday, but that was put on hold Tuesday pending the House vote. If the Senate can’t return to the bargaining table, that leaves little time before Thursday’s deadline – after which the government loses its ability to borrow and won’t be able to pay its bills, triggering chaos in the world’s financial markets.

Democrats on Oct. 4 announced they would start a discharge petition to force a vote on a clean continuing resolution, but due to procedural requirements, they couldn’t start gathering signatures until Saturday. As of Tuesday afternoon, 196 Democrats had signed but no Republicans; 218 signatures are needed to force a vote.

House Democrats have been pressing 30 specific Republicans – who have voiced their distaste for their party’s shutdown strategy and said they would vote for a clean CR – to sign the discharge petition.

“They have not (signed) yet – they’re in negotiations, and this is a very heavy lift to join a discharge petition against your own leadership,” Miller, D-Martinez, said Tuesday, but he’s convinced enough will sign if there’s no other way to avoid the impending fiscal disaster.

“We’re 48 hours away from having a dual image flash across the world: The United States government is shut down AND it’s about to default on its debt,” he said. “That is a catastrophic image for our country.”

12

Liberal ad dings Jeff Denham for shutdown

A Northern California congressman is one of 10 House Republicans being hammered with a new TV ad over the federal government shutdown.

The liberal/labor-backed Americans United for Change told Politico it’s a six-figure ad buy for the 10 swing districts across the nation, but wouldn’t provide a breakdown showing how much of that is for the ad against Rep. Jeff Denham, R-Modesto.

“Make no mistake: Congressman Denham and fellow Republicans’ refusal to support clean legislation to keep the government open at the 11th hour was the act of politicians that that welcomed a shutdown,” AUFC President Brad Woodhouse, who formerly was the Democratic National Committee’s communications director, said in a news release.

“Denham joined with the extortionist Tea Party crowd in Congress who demanded a ransom they knew they would never get: killing the Affordable Care Act,” Woodhouse said. “With local stories pouring in each day of the very real ways the Tea Party shutdown is hurting the middle class, it’s time Denham and fellow Republicans in Congress come to grips with reality that the Affordable Care Act is the law of the land, that it was upheld as constitutional by the U.S. Supreme Court, and that it’s working.”

Denham’s office didn’t immediately respond to a request for comment. But National Republican Congressional Committee spokesman Daniel Scarpinato insisted this shutdown is Democrats’ fault.

“Voters in these districts aren’t going to buy these laughable attacks from an extremist group,” he said via email. “Republicans have passed bipartisan resolutions to keep the government open, but President Obama and Harry Reid won’t compromise one inch. It’s time to end the political games and stop putting families, seniors and our economy at risk.”

The House Republicans’ continuing resolutions were predicated upon defunding or delaying the nation’s new health insurance law; House Speaker John Boehner, R-Ohio, has refused to allow a vote on a “clean” continuing resolution, even though a bipartisan majority of the House now seems to support one.

UPDATE @ 1:37 P.M.: “We are not surprised that a liberal special interest group would decide to start negative campaigning so early and to exploit the situation in Washington. The ad is factually wrong,” said Dave Gilliard, Denham’s campaign consultant. “Rep. Denham did not vote to shut down the government. In fact, he voted numerous times to keep the government open; he requested his own pay be withheld during the shutdown; and he is working hard to find a compromise that will resolve the situation, protect taxpayers and get the government working again.”

9

NorCal House Dems knock Obamacare repeal vote

The House voted 229-195 today to repeal the “Obamacare” federal health care reforms enacted in 2010 – the 37th time that Republicans have tried to repeal or eliminate funding for the law.

The only two Democrats to vote for H.R. 45 were Jim Matheson of Utah and Mike McIntyre of North Carolina, both of whom represent districts with heavy numbers of Republican voters yet are deemed “lean Democratic” – not “toss up” – by the Cook Political Report. No Republicans opposed the bill.

Like its predecessors, this effort is DOA in the Democrat-dominated U.S. Senate. House Speaker John Boehner, R-Ohio, spoke in defense of the vote:

“Today the House is voting to repeal the president’s health care law because it’s increasing the cost of health insurance, reducing access to care, and making it harder for small businesses to hire new workers. This is the third full repeal vote that we’ve had in the last three years, and some critics have suggested it’s a waste of time.

“Well, while our goal is to repeal all of ObamaCare, I would remind you that the president has signed into law seven different bills that repealed or defunded parts of that law. Is it enough? No. Full repeal is needed to keep this law from doing more damage to our economy and raising health care costs.

“But some progress has been made, and Republicans will continue to work to scrap the law in its entirety so we can focus on patient-centered reforms that lower costs and protect jobs. Because jobs is what this is all about.”

Northern California’s House Democrats were – shocker! – having none of it. House Minority Leader Nancy Pelosi, D-San Francisco, smack-talked the vote at her weekly news conference:

“Here we are, 134 days into the 113th Congress, without one vote on a jobs bill. Fifty-four days after the Senate passed its budget, we still haven’t moved forward to the budget process with this do nothing agenda that does not reflect the priorities of the American people. It is an agenda that only the Republicans are interested in pursuing. So, you see a series of subterfuges, job evasions. Today’s job evasion is that the Republicans have decided to vote on the Patient’s Rights Repeal Act, their 37th attempt to repeal our country’s landmark reform bill. That’s 37 votes, 43 days, $52 million – $52.4 million – on an obvious evasion of our responsibility to work on the priorities of the American people.

“Not only is this a clear waste of time, and of taxpayer dollars, it is a deliberate vote to eliminate the affordable, quality health care benefits millions of Americans are already enjoying.”

Here’s Rep. Eric Swalwell, D-Pleasanton:

Rep. Mike Thompson, D-Napa, called it “a shameful waste of time and taxpayer dollars.”

“Instead of spending more than $50 million to repeal a law that is saving lives and money, we should be working to improve our healthcare system and expand on the benefits the law provides,” Thompson said. “It’s time to put these political games aside. By building on the reforms made in the Affordable Care Act, we can make sure every American can afford to go to the doctor. And that’s what matters.”

And Rep. Ami Bera, D-Rancho Cordova, said Americans “want Congress to focus on jobs, not waste time and taxpayer money voting 37 times to take away patient protections from middle class families.

“The Supreme Court has ruled, and ACA is now law. It’s not perfect, and it’s not the law I would have proposed because it doesn’t do enough to address the cost of care, but we don’t want to go back to a time when children faced discrimination due to pre-existing conditions, when students and young adults were kicked off their parents’ insurance, and when women had to pay more for insurance than men just because of their gender,” he said. “Now we need to move past partisan bickering and start working on ways we can drive healthcare costs down. For years, we’ve been paying more and more for healthcare, and getting less and less. As a doctor and former Chief Medical Officer for Sacramento County, I know there are many places we can find savings.”

3

Anti-Romney ad widely blasted

Here’s the controversial ad that the Priorities USA PAC rolled out this week to attack Republican Presidential candidate Mitt Romney, on behalf of (but without “direct coordination” with) President Barack Obama:

http://youtu.be/Nj70XqOxptU

The Annenberg Public Policy Center’s FactCheck.org calls it “misleading on several counts,” not the least of which is that Joe Soptic’s wife five years after the steel plant closed (which was after Romney had gone to run the 2002 Winter Olympics – or did he?), and she didn’t even lose medical coverage then – she lost her own employer-sponsored coverage a year or two later, and lacked coverage after that.

The ad also has been taken to task by national media outlets including the New York Times, Politico and CNN:

That said, Romney spokeswoman Andrea Saul had conservative pundits such as Ann Coulter and Rush Limbaugh smacking their heads yesterday when she said Soptic’s wife would’ve been OK had she lived in Massachusetts because she would’ve been covered by the “Romneycare” health insurance plan her boss put into place while governor – the basis for the national “Obamacare” plan her boss now rails against.

21

More from today’s ‘Young Guns’ shootout in SF

I’ve filed a story about reporters’ meeting this afternoon in San Francisco with House Majority Whip Kevin McCarthy and GOP House candidates Kim Vann, Abel Maldonado and Tony Strickland, but there were a few tidbits more worth sharing.

Vann, McCarthy, Maldonado and StricklandBefore everyone had even taken their seats around a table in the library of the University Club on Nob Hill, McCarthy, R-Bakersfield, gave a sarcastic disclaimer: “I will accuse no one of giving money to my opponent, we don’t have 16-year-olds doing our research, and the Tesla is a car.”

This, of course, was a reference to Rep. Pete Stark, D-Fremont, who had accused San Francisco Chronicle columnist Debra Saunders (present at today’s event) of having given money to his Democratic rival, Eric Swalwell (which she had not). Stark also had tried to explain his unsupported accusation that Swalwell had taken bribes from real estate developers by saying his teenage son had fed him erroneous information, and had confused Tesla – which makes electric cars – with Solyndra, the failed solar-cell manufacturer and stimulus loan guarantee recipient.

Responding to a question about Vann’s status as the only female “Young Gun” anointed by the National Republican Congressional Committee in California, McCarthy cited the “five W’s” of campaigning: “When women work, we win.” In addition to a preoccupation with growing the economy and creating jobs, he said, women voters “want to make their own decisions on health care.”

But when asked whether they also want to make their own decisions on abortion choice (which most polls agree they do), McCarthy soon shifted the conversation to the diversity of the GOP’s slate of California House candidates. Perhaps that’s because Vann differs from much of that slate in that she’s pro-choice and the rest are not.

McCarthy noted that Strickland, if successful in November, would be the latest of his former California Legislature colleagues to join him in Congress. “It’s like ‘The Blues Brothers’ – I’m putting the band back together.”

On the escalating speculation over whom Republican presidential candidate Mitt Romney’s running mate will be, McCarthy said the pick will be a reflection of Romney’s decision-making process, and ultimately just as much about him as about that person. “I think he’s doing a great job with that,” McCarthy said, though he declined to speculate because he says he has friends – including Rep. Paul Ryan, R-Wisc., and U.S. Sen. Rob Portman, R-Ohio – who might be on the short list.

McCarthy did say that for president, “I really won’t support someone who hasn’t been a governor first” – who has had to choose a cabinet, manage agencies and make executive decisions.

Romney, he said, “is a guy who understands risk-taking and the ability to move it forward.” Asked specifically about Romney’s record at the helm of Bain Capital, McCarthy replied, “I believe he created a lot of jobs … In America we know you have to take risks and we know they’re not always going to be successful.”