Say the lawsuit against Obama is successful. What happens because of it? Will the entire ACA be instantly implemented? Will Obama pay a fine? Will it be millions spent for a slap on the wrist?
There is no way it finishes the appellate process prior to January 1, 2015, so it would likely be dismissed as moot at that time. But even if it is considered under the “repeating conduct yet evading review” doctrine, I can’t see a possible remedy the Court could fashion.
Let’s say that it finds that Obama has exceeded his authority and MUST in good faith enforce federal laws. How would that be measured? Will it order certain procedures for deporting illegal immigrants or shutting down marijuana retailers in Colorado? What if those benchmarks aren’t met? You would have the Court basically taking over the executive function.
I think the only possible result is: It’s a political question. There’s the impeachment process as a remedy.
Or, more-or-less equivalently, [the President could say, in effect,
](Worcester v. Georgia - Wikipedia)
Srsly. How would any such decision against the President be enforceable, except via either voluntary compliance or impeachment by the House?
Modern Presidents have generally obeyed the Supreme Court, even when they don’t like it. Truman returned the Steel mills when the court said he couldn’t seize them. Ike did send federal troops to little rock, even though he didn’t want to. If the court tells Obama to immediately begin enforcing the provision, he will do so. He’ll call up the IRS, and instruct them to start penalizing businesses who aren’t complying with the law. He won’t like it, he’ll probably complain about it, but if the court gives him explicit orders, he will follow at least the letter of their ruling.
Under the political question doctrine, the courts are likely to dodge this one and say it isn’t justiciable and dismiss it. The remedy is political and it is to impeach or not impeach. At least that is what Justice Powell would have said. They might carve out an exception to stick it to a liberal.
But then those businesses will complain, saying they were told by the IRS they did not have to pay. Is this a contract? Having promised one course of action, can the IRS renege on its agreement and demand payment? “We structured our business in good faith on the understanding that this was the arrangement. It’s too late to go back and arrange insurance beginning Jan 1st 2014 now. This is therefore an unfair penalty.”
That, too, will be an interesting lawsuit.
IMHO the best the GOP can hope for is a ruling “don’t do it next time.”
I can’t see any logic by which the case doesn’t get dismissed as a political question and/or moot, and I’m sure Boehner knows it.
This whole thing is a farce. It’s nothing more than political theater put on by a group of anti-American extremists who are one again proving themselves unfit to govern, and in a world where members of Congress aren’t legally indemnified from their acts as members of Congress, it’d earn them a penalty for filing a frivolous suit.
Cease and desist order?