Wednesday, March 17, 2010

Mark Levin's Landmark Legal Foundation prepared to sue over Obamacare

From the Landmark Legal Foundation web site (via Kathryn Jean Lopez at the Corner):
Mark R. Levin, president of Landmark Legal Foundation, today issued a warning to the leadership of the U.S. House of Representatives about the possible use of the so-called “deem and pass,” “self-executing,” or “Slaughter Rule” to enact H.R. 3590, the legislative version of President Obama’s healthcare proposal that has been previously approved by the Senate. If this tactic is employed, Landmark will immediately sue the President, Attorney General Eric Holder and other relevant cabinet members to prevent them from instituting this unconstitutional contrivance.

“Landmark has already prepared a lawsuit that will be filed in federal court the moment the House acts. Such a brazen violation of the core functions of Congress simply cannot be ignored. Article I, Section 7 of the Constitution is clear respecting the manner in which a bill becomes law. Members are required to vote on this bill, not claim they did when they didn’t. The Speaker of the House and her lieutenants are temporary custodians of congressional authority. They are not empowered to do permanent violence to our Constitution.”
You can read a draft of the complaint here.

You may recall from your high school civics class (do they still teach that?), that the Supreme Court has jurisdiction in cases arising under the Constitution.  Today Judge Andrew Napolitano appeared on FNC expressing doubts that the Supreme Court would actually agree to hear Levin's complaint since it deals with the internal rules of a co-equal branch of government.

Sheesh.  I hope he is wrong.

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