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November 23, 2014

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GOP-led House gives the go-ahead to sue Obama

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J. Scott Applewhite / AP

House Speaker John Boehner of Ohio strides to the House chamber on Capitol Hill in Washington, Wednesday, July 30, 2014, as lawmakers prepared to move on legislation authorizing an election-year lawsuit against President Barack Obama that accuses him of exceeding his powers in enforcing his health care law.

WASHINGTON— A sharply divided House approved a Republican plan Wednesday to launch a campaign-season lawsuit against President Barack Obama, accusing him of exceeding the bounds of his constitutional authority. Obama and other Democrats derided the effort as a stunt aimed at tossing political red meat to conservative voters.

Just a day before lawmakers were to begin a five-week summer recess, debate over the proposed lawsuit underscored the harshly partisan tone that has dominated the current Congress almost from its start in January 2013.

The vote to sue Obama was 225 to 201. Five Republicans voted with the Democrats in opposing the lawsuit. No Democrats voted for it.

Republicans said the legal action, focusing on Obama's implementation of his prized health care overhaul, was designed to prevent a further presidential power grab and his deciding unilaterally how to enforce laws.

"No member needs to be reminded about the bonds of trust that have been frayed or the damage that's already been done to our economy and to our people," declared House Speaker John Boehner, R-Ohio. "Are you willing to let any president choose what laws to execute and what laws to change?"

Nevada’s two House Republicans, Rep. Joe Heck and Rep. Mark Amodei, voted in favor of suing the president.

Heck said House Republicans and Obama fundamentally disagree on how much power the president has to enforce laws, so it’s worth having the debate in court to settle the matter.

“Since there’s this difference of opinion of what Congress thinks versus what the executive branch thinks, we need to bring that issue around and have an answer,” said Heck, who represents Boulder City and Henderson.

Amodei, who represents Northern Nevada, echoed Heck’s comments.

“Every day, I hear from constituents asking why we don’t do something about the president’s attempts to make his own laws and his disregard for the constitutional separation of powers. This is doing something,” he said in a statement.

Nevada’s Republican senator, Dean Heller, declined to comment.

Nevada’s Democrats in Congress have blasted the vote. Rep. Steven Horsford, of North Las Vegas, said just hours before the vote that “maybe Congress should sue Speaker Boehner” instead.

Republicans scoffed at Democratic claims that the lawsuit would be a waste of taxpayers' money.

"What price do you place on the continuation of our system of checks and balances? What price do you put on the Constitution of the United States?" said Rep. Candice Miller, R-Mich. "My answer to each is 'priceless.'"

Democrats said the lawsuit would go nowhere and was designed only to encourage conservatives to vote in this November's congressional elections. They also warned repeatedly that it could be a precursor of a more drastic GOP effort. Said Rep. Louise Slaughter, D-N.Y.: "The lawsuit is a drumbeat pushing members of the Republican Party to impeachment."

In fact, Democrats already are using that argument to mine campaign contributions. In their latest appeal, House Democrats emailed a fundraising solicitation even as debate was underway, saying, "Republicans have said this lawsuit has 'opened the door' to impeachment." The appeal asked for support for Democrats who "will finally put a stop to the Tea Party crazies and get President Obama's back."

Some prominent conservatives including former Republican vice presidential candidate Sarah Palin have called for Obama's impeachment, and some House GOP lawmakers have not ruled it out. Boehner has said he has no such plans and has called Democratic impeachment talk a "scam" to raise money.

"Impeachment is off the table. Why hasn't the speaker said that," said House Minority Leader Nancy Pelosi, D-Calif.

On the road in Kansas City, Missouri, Obama cast the lawsuit as a "political stunt" and a distraction from the public's priorities.

"Every vote they're taking like that means a vote they're not taking to actually help you," he told his audience. He urged Republicans to "stop just hating all the time."

By suing Obama to demand that he carry out specific provisions of the 2010 health care overhaul, House Republicans would be asking the courts to hold him to the letter of a law that they all opposed and that the House has voted over 50 times to dismantle.

Republicans have accused Obama of exceeding his powers in a range of areas, saying he has enforced provisions he likes and ignored others.

These include not notifying Congress before releasing five Taliban members from the U.S. military prison at Guantanamo Bay, Cuba, in exchange for captive Army Sergeant Bowe Bergdahl, blocking the deportation of some children who are in the U.S. illegally and waiving some provisions of the No Child Left Behind education law.

Democrats say Obama has acted legally and has simply used the authority he has as chief executive.

Republicans have not laid out a timetable for actually filing the suit.

As for its chances of legal success, federal courts are often reluctant to intervene in disputes between the executive and legislative branches. For the suit to survive, the GOP would first have to prove that the House had been injured by Obama's actions. And even if the lawsuit was heard, it is unclear whether it could be decided while Obama was still in office.

Timothy K. Lewis, a former judge in the 3rd U.S. Circuit Court of Appeals who was nominated by former President George H.W. Bush, said that with appeals, it would take at least one-and-a-half to two years for the suit to wind through the federal judicial system.

Obama leaves office in January 2017.

Republicans have particularly objected that Obama has twice delayed the law's so-called employer mandate. The provision requires companies with 50 or more employees working at least 30 hours weekly to offer health care coverage or pay fines, while businesses with fewer than 50 workers are exempt.

The requirement was initially to take effect this year. Now, companies with 50 to 99 employees have until 2016 to comply while bigger companies have until next year.

Democrats warned that the lawsuit could cost taxpayers millions of dollars. Republicans provided no specifics about the potential price tag, but the measure would allow House attorneys to hire outside lawyers and require quarterly public reports on expenditures.

AP White House correspondent Julie Pace and Las Vegas Sun reporter Amber Phillips contributed to this report.

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