So ... now that John Boehner and the House of Representatives have decided that the most important thing on their agenda is suing President Obama for having the unmitigated nerve to want to accomplish something during his second term of office, it seems as though some people are turning their attention to just what the mechanics of a lawsuit against our Chief Executive would be all about.  A certain "Drew S" has taken a shot at this topic, and has some interesting input on the matter.

Pat, I hope you're tuned in, 'cuz I think you'd especially get a kick out of this!


I'm pretty excited about the GOP lawsuit against the administration because it turns out they are coming into my little world of trial law.  There are rules and case law here that govern how to deal with ridiculous law suits like this one.

They even provide for getting rid of lawsuits before the GOP can ask a single question or demand a single document or hold a single deposition.

Turns out that, unlike State courts, Federal courts have limited jurisdiction.  There must be a certain amount in controversy or have a unique Constitutional question.

So I feel pretty good about this thing going away in a big damn hurry.

Let me introduce you to the Federal Rules of Civil procedure.  Its a set of 86 rules covering several large areas within trial law including starting cases, discovery, trial and post trial.  Its pretty complete and we spend a lot of time on it in law school.

Among these include rule 12 entitled: "Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing"  I want to introduce you to two specific sections 12(b) and 12(c).

Read the rest here.

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Replies to This Discussion

If branches of the government were allowed to sue each other, President Obama would have filled up the federal courts starting with McConnell ("see to it he doesn't have a second term") and contining with Old Bleary Eyes and a lot of others. That was the purpose of the Separation of Powers Doctrine and it would be fun to see the first court rejecting the suit, telling the plaintiffs they lack standing. For the first time in my life I have to agree with Ann Coulter, who told a TV audience she thought the House was wasting time with lawsuits. She said they should impeach or get off the pot. That's what I think too. But Old Bleary Eyes knows how pissed off voters were when Clinton was impeached for staining a blue dress and not offering to have the dress laundered by the White House help.

Ann Coulter and Boner, er, Boehner would be much better off starring in a reprise of Bewitched than befouling the public airwaves. At least Monica GOT stains on her skirt, which would probably never happen to Ann unless she goes to a sperm bank.

Superb idea! But I prefer Boehner as Palin's husband, married to a witch. So it would be witch with a B. The writers could have a field day with Boehner's watery eyes. Palin could say, "You've been hitting the bottle again, haven't you?" Close shot: Boehner's eyes. "Nawwwwwww!" He breaks into sobbing uncontrollably. She says, "Enjoying that embarrassment a little now?" "Nawwwwwwk!" Palin: "You betcha!" Fade out. Title: "Tune in the Alaskan Bewitchment" next week. Now, if you use Coulter, Boehner could find out she is a he. That adam's apple is humongous. That is, she used to be a he. She got an operation but didn't have enough money for the laryngeal shave. So she went to Murdoch and he gave her a loan. That's what I heard. Boehner could tease her a lot about that. Christians are so forgiving.

or gullible. 

Two votes for "gullible".

Make it three, at least...

I'm in!

Boehner (a/k/a The National Tear Duct From Ohio), knows damn well he doesn't have standing to bring such an assinine suit. If such a suit were allowed, I would be the first to file suit against Palin and Weepy - for being ugly on pretty day. 

The threat of a lawsuit has nothing to do with reality. It has everything to do with charging the base up before the mid-term elections with false promises of "We're going to get the (insert racial epithet) in the Oval Office." And, the white rubes who sit in fear inside their gated communities, screaming about illegal immigrants, at the same time hoping Pedro will do the yard work tomorrow, will jump up and down and scream approval like a striped nose baboon in a primate house. I'd just hate to have to be the one to clean the walls with those primates..

Quite an apt picture, Pat. I really have a hard time getting how vile creatures like Boner and McConnell keep getting elected. I guess even though psychology has gone beyond the stimulus-response model of behaviorism, most Republicans haven't. Elections around the corner? Get the base foaming at the mouth yet again about atheists, queers, aliens at the border and those horrible people in ISIS who want to subjugate women and impose strict religious laws, er, oops, wait a minute!

The dumbing down of public education is biting us in the back side, big time. The radical elders and rebellious young'ins, making a very large coalition.  

Bertold, the GOP has alienated vast segments of the population. I don't think they will take the Senate and they may lose seats in the House.

I hope you're right, James.  With the GOP's current attitude toward the executive branch (and indeed, to government in general), I shudder to think what the two-year span from 2015 to 2017 will be like with them in control of Congress.




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