We began the summer with John Boehner announcing that the GOP was going to file a law suit against President Obama.
It was a big announcement, but there was no information about the substance of the law suit, so it gave the impression that the GOP was going to file a law suit against the president so they could file a lawsuit against the president.
Besides a general “well, because”, there wasn’t a reason given.
Then John Boehner, after a two week period, explained the law suit.
“The current president believes he has the power to make his own laws – at times even boasting about it. He has said that if Congress won’t make the laws he wants, he’ll go ahead and make them himself, and in the case of the employer mandate in his health care law, that’s exactly what he did.”
The conviction in his voice, and the support of his fellow members of the GOP led people to imagine that the doors of the congressional chambers would be flung open, and a swarming body of legislators would spew forth like the final scene in The music Man movie to march right over to the court house and file the suit with Huzzahs all around.
We are at the end of October, and we are left standing at the bottom of the steps, staring up at those doors waiting for them to fly open.
First, lawyers thought the suit would be filed by September, which would have given them time to put it together, but now it seem that if the suit is filed at all, it will not happen until after the elections next week
And now, just as they couldn’t really say what the suit was going to be about, the GOP has not explained why the delay, or if the suit will be filed at all.
It went from being a Constitutional crises that called for strong and immediate action to a simple “meh”.
How can the suit, if it is filed, or the GOP who might file it be taken seriously?
The congressional think tank, the non-partisan Congressional Research Service (CRS), had been asked by the GOP to give some heft to the law suit, but instead found that the case was built on a faulty premise and would not succeed.
The Republicans made the mistake of announcing something, and then doing the research after the fact to justify it.
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After making a big show of accusing Obama of being a dictator as election season was about to become intense, the GOP couldn’t find facts to back the claim, and seem to be slinking out of the room hoping no one would remember the bravado or that they were even there.
The case, or not case, involves the misnamed Employer Mandate that says that a business with 50 or more full-time employees needs to offer health care coverage, with those choosing not to offer coverage having to pay a fairly modest tax penalty.
This part of the Affordable Care Act was supposed to be implemented already, but upon the urgings of small business owners the president opted to give them more time to prepare.
This action was similar to the delay in implementing Medicare Part D, when George W used his executive power to delay its implementation so that the law would work more effectively.
Had Medicare Part D been implemented when planned, it would have failed. The delay allowed for success.
If the “mandate” in the ACA had taken effect when planned, it too would have meant failure.
And, failure is what the GOP has been wanting since President Obama took office.
The GOP does not like the “mandate”, but they hate the ACA even more, so they contradicted themselves in the hope that the ACA would fail.
They actually got what they wanted, a delay in the mandate, but are now mad that they got what they wanted.
By getting their way they lost the scenario that it would have made life difficult for the private sector so that it would hurt the economy, anger the public, and make the ACA more unpopular, causing a political nightmare for the president.
If the law suit had been filed, one of the results would have been that the mandate that the GOP does not want would have been implemented because of their machinations and they would have forced the president to do what they do not want him to do.
Meanwhile the towns people are at the bottom of the hill with their torches and pitchforks at the ready to attack the castle waiting for the signal that will never come.
Cue the vaudeville exit music.