{"id":10177,"date":"2014-02-12T18:44:34","date_gmt":"2014-02-12T18:44:34","guid":{"rendered":""},"modified":"2014-02-12T18:44:34","modified_gmt":"2014-02-12T18:44:34","slug":"mccarthy_vs_toobin_on_obama_s_authority","status":"publish","type":"post","link":"https:\/\/admin.rushlimbaugh.com\/daily\/2014\/02\/12\/mccarthy_vs_toobin_on_obama_s_authority\/","title":{"rendered":"McCarthy vs. Toobin on Obama\u2019s Authority"},"content":{"rendered":"

\"Listen<\/a><\/p>\n

RUSH: This is from Reuters, ladies and gentlemen. Here\u2019s the headline: “Health Care Mandate Delay May Be Illegal, But Challenges are Unlikely, Say Experts<\/a>.” What\u2019s happened here is, Reuters has found “experts” to say exactly what they want to report, which is that suing over Obama\u2019s delays of the employer mandate is futile. Yeah, it\u2019s illegal, but it\u2019s a waste of time to do anything about it. <\/p>\n

They want to discourage anybody from even thinking about trying such a thing. We\u2019ve got articles now warning about the futility of suing over something the left wanted to sue about no matter how ludicrous the lawsuit. They\u2019re pulling out all the stops. This is why I say, “No matter what Obama does, they are going to back it. He\u2019s going to have this massive support,” because, remember, these are not journalists. <\/p>\n

These are fellow-traveler leftists. The experts claim here that he has no standing to sue because no one has been damaged by these delays. You gotta prove that you have been damaged. In order to have standing to sue the president, you have got to show unalterable proof that you have been damaged by what he\u2019s done. Well, what about Congress? Their legislation has been rewritten. Their power has been usurped. It\u2019s extra-constitutional. <\/line><\/p>\n

What about the businesses that have wasted money trying to meet these deadlines and then all of a sudden the deadlines are moved? How many businesses are sitting there for the last three years making plans based on what the law says, because they\u2019re trying to stay in business, they\u2019re trying to keep as many people employed as they can, they\u2019re trying to satisfy their customers. They do everything they can. <\/p>\n

They\u2019ve got this law out there they\u2019re trying to comply with — and then, in the middle of nothing, Obama comes along and changes it. Now, what happens to all the plans that they\u2019ve made? How much money have they spent and now wasted in order to be in compliance when now they don\u2019t have to be in compliance for another three years? What about businesses and individuals who are being discriminated against by not being granted a similar delay? <\/p>\n

How come only certain businesses get this waiver and not others? The certain businesses that are getting the waiver have a much bigger advantage over smaller businesses that have not been granted the waiver. So here you have some businesses who are told, “You know what? You do not have to provide insurance for your employees, but some of the other businesses still do.” There\u2019s all kinds of grounds out there. But Reuters? Reuters went out there and found a bunch of “experts” to claim you don\u2019t have a prayer. <\/p>\n

“Yep. What he\u2019s doing is illegal, but you can\u2019t stop it.”<\/p>\n

That\u2019s the sum total of the Reuters story. Now, despite Reuters\u2019 claims that it\u2019s unlikely anybody would sue, there are two lawsuits that have already been brought. One of the cases has been dismissed by a federal judge in Florida. It\u2019s being appealed. Here, listen to Jeffrey Toobin. This is on CNN last night, the Situation Room with Wolf Blitzer. They\u2019re talking about Obama\u2019s latest delay, the implementation of the employer mandate. <\/p>\n

Blitzer says, “You\u2019ve studied the law on this,” Jeffrey. You\u2019re a brilliant guy! You are our legal consultant. You\u2019re our legal reporter. You\u2019re a lawyer. You\u2019re the son of Marlene Sanders, a famous journalist for NBC, so you\u2019re a brilliant guy, and you\u2019ve studied this. “Republicans say, ‘This is not really constitutional. Either he implements it or he doesn\u2019t implement it.'” What about that, Jeffrey?”<\/p>\n

TOOBIN: As you recall, as the Supreme Court held, Obamacare is fundamentally a tax. It has tax provisions, and there is a provision of law that predates Obamacare that says the secretary of the Treasury, who supervises the Internal Revenue Service, can delay — can effectively administer — any new provision of tax law, and that is what the Obama administration is putting there. They are trusting in that piece of legislation, which they point out is not new, has applied to all new tax lazy for many years, and that\u2019s why they say this is justifiable.<\/line><\/p>\n

RUSH: So, see? We\u2019re gonna go to the end of the world to justify what Obama\u2019s doing. We\u2019ll find the thinnest thread that we can and we will glom on to it to defend Obama. What Toobin is basically saying here is that John Roberts, because of his ruling on Obamacare at the Supreme Court, essentially gave Obama dictatorial powers when it comes to taxes and Obamacare. <\/p>\n

Andy McCarthy last night was on The Kelly File on Fox News. She said, “Lawmakers are saying that Obama\u2019s gone too far here. For example, delaying this employer mandate still 2016, because there\u2019s a provision in Obamacare that specifically says — Section 1513 of the law that says — penalties and employers shall apply to months beginning after December 31st, 2013. What allows him to cross out 2013 and make it 2016?”<\/p>\n

MCCARTHY: He doesn\u2019t have any authority to do that because it\u2019s a constitutional law. We may think it\u2019s a bad law, but there\u2019s no question that it\u2019s a constitutional law. There\u2019s no question that the president believes it\u2019s a constitutional law. If it\u2019s constitutional, he has to faithful execute it the way it\u2019s written. He doesn\u2019t have authority to change the terms.<\/line><\/p>\n

RUSH: Well, wait a minute! Jeff Toobin says he does and Reuters says, “Well, even if he doesn\u2019t, we can\u2019t stop him. You can sue all day, but you\u2019re not gonna win.” Reuters says, “Yeah, it\u2019s illegal. We know it\u2019s illegal, and we love the fact you\u2019re upset by it, but you can\u2019t stop it,” and Toobin says it\u2019s not even illegal. The secretary of the Treasury runs the IRS, and the IRS can do whatever they want when it comes to Obamacare because of what John Roberts said. Andy McCarthy says, “He can\u2019t do it.” Megyn Kelly said, “Well, as far as impeaching the president, there doesn\u2019t seem to be any political appetite for that, so what are they to do? On Capitol Hill they\u2019re talking about more legal action against him?”<\/p>\n

MCCARTHY: The two tracks are not mutually exclusive. They don\u2019t have to just defund Obamacare. They can start slashing the president\u2019s budget on all kinds of things to try to bring him to the point where he faithful executes the laws. As far as the case for impeaching the president is concerned, I do think the lesson of the Clinton impeachment is: It doesn\u2019t matter how many high crimes and misdemeanors you have — and not faithful executing the laws would qualify — what matters is, is there a will in the American public to remove the president? If there\u2019s not, it doesn\u2019t even make sense to start going down that road. But the case still has to be made.<\/p>\n

RUSH: Now, that\u2019s an important point: You gotta make the case. You\u2019ve got to stand up! You have to proclaim what\u2019s right and wrong. You have to draw your line in the sand. Even if you\u2019re gonna bend over and grab the ankles, you\u2019ve got to draw the line in the sand. <\/p>\n","protected":false},"excerpt":{"rendered":"

RUSH: This is from Reuters, ladies and gentlemen. Here\u2019s the headline: “Health Care Mandate Delay May Be Illegal, But Challenges are Unlikely, Say Experts.” What\u2019s happened here is, Reuters has found “experts” to say exactly what they want to report, which is that suing over Obama\u2019s delays of the employer mandate is futile. Yeah, it\u2019s […]<\/p>\n","protected":false},"author":14,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","ngg_post_thumbnail":0},"categories":[],"tags":[],"yoast_head":"\nMcCarthy vs. Toobin on Obama's Authority - The Rush Limbaugh Show<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.rushlimbaugh.com\/daily\/2014\/02\/12\/mccarthy_vs_toobin_on_obama_s_authority\/\" \/>\n<meta name=\"twitter:card\" content=\"summary\" \/>\n<meta name=\"twitter:title\" content=\"McCarthy vs. Toobin on Obama's Authority - The Rush Limbaugh Show\" \/>\n<meta name=\"twitter:description\" content=\"RUSH: This is from Reuters, ladies and gentlemen. 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