Baker Hostetler

The Main Attraction?

Speaker of the House John Boehner (R-OH8)

“Just because some Republicans want to pretend that before January 2009 presidential power had been limited to pardoning Thanksgiving turkeys doesn’t mean they are right.”

Jonathan Bernstein

And the hits keep coming. ‘Tis a bold headline for Bloomberg View: “Boehner Betrays Congress”, and Jonathan Bernstein leaves little room for doubt about his perceptions:

I’ll say it again: Speaker John Boehner and House Republicans aren’t asking for authority to be returned from the White House to Congress. They want an imperial judiciary that could trump either of the elected branches.

Jonathan Bernstein (via BloombergView)In a system of separated institutions sharing powers, which is what the Constitution created, all three branches do things that look a lot like legislating, but laws can trump administrative or judicial rule-making. That gives Congress serious clout within the system. This lawsuit, however, is an abdication of that clout. In effect, it says that the courts, not Congress, should have the last word when there’s a dispute between branches.

Filing this lawsuit amounts to institutional treason. Boehner and House Republicans should be ashamed. The rest of us can only hope that the courts rescue them by keeping to precedent and tossing this lawsuit into the garbage.

To the other, the suit is filed. In a way, that is actually surprising. It is not quite that it seems like yesterday that House Republicans found themselves in need of a new lawyer after the one they hired quit the case, owing to the sort of political pressure one’s law firm might apply when one is about to publicly humiliate the firm with an act of juristic malpractice; it wasn’t yesterday, but two months ago. After hyperpartisan lawyer David Rivkin quit the case for having bitten off too much hyperpartisanship for his firm, Baker Hostetler, to chew, the GOP turned to William A. Burck of Quinn Emanuel Urquhart & Sullivan, who had just finished the laborious task of failing to defend former Virginia First Lady Maureen McDonnell.

Late last month, then, we learned that Mr. Burck was also stepping down. Josh Gerstein and Maggie Haberman of Politico summarized the situation thus:

Rivkin’s firm withdrew in September after health-care-related clients pressured the firm to back out of representing the House in the Obamacare-related suit. Two sources told POLITICO in recent days that a similar scenario played out with Burck’s firm, with clients bringing pressure to get the firm off the case.

How about three days ago? Is that close enough to feel like yesterday? For whatever reason, Jonathan Turley of George Washington University decided to take up the case. Lauren French of Politico reported ot Tuesday:

“Professor Turley is a renowned legal scholar who agrees that President Obama has clearly overstepped his constitutional authority,” said Michael Steel, a spokesperson for Speaker John Boehner. “He is a natural choice to handle this lawsuit” ....

.... “Even for $500-per-hour in taxpayer dollars, Speaker Boehner has had to scour Washington to find a lawyer willing to file this meritless lawsuit against the president,” said Drew Hammill, a spokesperson for Minority Leader Pelosi. “Now, he’s hired a TV personality for this latest episode of his distraction and dysfunction.”

(more…)

Advertisements

Armchair Political Theatre

The House has hired a new lawyer to prosecute its lawsuit against President Obama after previous counsel bowed out, citing political pressure, the House Administration Committee confirmed on Friday (David M. Drucker, 19 September 2014)

The question does arise at some point whether anybody but the wonks and politigeeks are paying attention. And a notion does mutter and creep about insinuating all manner of analogy ‘twixt political talk radio and sports radio. But setting aside the elderly woman who once railed against local sports radio hosts because laughing at the idea of stock car racing—Go fast! Turn left!—was somehow akin to “what happened to the ‘Coloreds'”, there is a different sort of comparison. That is to say, one might have far more associates who listen to sports radio without ever calling in, but discuss various issues with enthusiasm and detail verging on the excruciating. They might not be calling in to compare NASCAR to the Civil Rights movement, but they will talk their favorite teams and leagues as if the soul of the world depends on whether or not this or that trade makes sense, or the subtleties of whether this power-hitting manager knows how to handle his pitchers.

Try it this way: Once you move beyond that majority portion of the audience who just, say, learned Roger Goodell’s name this month, or found that American pro sports leagues have ‘commissioners’, you might find some who are willing to give you an in-depth analysis of, for instance, how David Stern screwed Seattle twice, or what the NBA commissioner has to do with the politics of getting an NHL franchise in the Emerald City.

Imagine if people paid that kind of attention to public affairs. No slam dunks, merely metaphorical five-holes, and considerably less domestic violence; public affairs just aren’t sexy … well, unless there’s a sex scandal going on.

But to the armchair wonks, David M. Drucker’s lede for the Washington Examiner last Friday is hilarious:

The House has hired a new lawyer to prosecute its lawsuit against President Obama after previous counsel bowed out, citing political pressure, the House Administration Committee confirmed on Friday.

It is, to a degree, jaw-dropping news. Then again, the drooling astonishment is really more of a cumulative effect.

(more…)