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McCarthy vs. Toobin on Obama's Authority

BEGIN TRANSCRIPT

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

They want to discourage anybody from even thinking about trying such a thing.  We've got articles now warning about the futility of suing over something the left wanted to sue about no matter how ludicrous the lawsuit.  They're pulling out all the stops.  This is why I say, "No matter what Obama does, they are going to back it. He's going to have this massive support," because, remember, these are not journalists. 

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's done.  Well, what about Congress?  Their legislation has been rewritten.  Their power has been usurped. It's extra-constitutional. 

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're trying to stay in business, they're trying to keep as many people employed as they can, they're trying to satisfy their customers. They do everything they can. 

They've got this law out there they're 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've made?  How much money have they spent and now wasted in order to be in compliance when now they don't 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? 

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's all kinds of grounds out there.  But Reuters? Reuters went out there and found a bunch of "experts" to claim you don't have a prayer. 

"Yep.  What he's doing is illegal, but you can't stop it."

That's the sum total of the Reuters story.  Now, despite Reuters' claims that it's 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's being appealed.  Here, listen to Jeffrey Toobin.  This is on CNN last night, the Situation Room with Wolf Blitzer.  They're talking about Obama's latest delay, the implementation of the employer mandate. 

Blitzer says, "You've studied the law on this," Jeffrey.  You're a brilliant guy! You are our legal consultant.  You're our legal reporter.  You're a lawyer.  You're the son of Marlene Sanders, a famous journalist for NBC, so you're a brilliant guy, and you've studied this.  "Republicans say, 'This is not really constitutional. Either he implements it or he doesn't implement it.'" What about that, Jeffrey?"

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's why they say this is justifiable.

RUSH:  So, see? We're gonna go to the end of the world to justify what Obama's doing.  We'll 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. 

Andy McCarthy last night was on The Kelly File on Fox News. She said, "Lawmakers are saying that Obama's gone too far here.  For example, delaying this employer mandate still 2016, because there's 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?"

MCCARTHY:  He doesn't have any authority to do that because it's a constitutional law.  We may think it's a bad law, but there's no question that it's a constitutional law.  There's no question that the president believes it's a constitutional law.  If it's constitutional, he has to faithful execute it the way it's written.  He doesn't have authority to change the terms.

RUSH:  Well, wait a minute! Jeff Toobin says he does and Reuters says, "Well, even if he doesn't, we can't stop him. You can sue all day, but you're not gonna win." Reuters says, "Yeah, it's illegal. We know it's illegal, and we love the fact you're upset by it, but you can't stop it," and Toobin says it's 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't do it."  Megyn Kelly said, "Well, as far as impeaching the president, there doesn't seem to be any political appetite for that, so what are they to do?  On Capitol Hill they're talking about more legal action against him?"

MCCARTHY:  The two tracks are not mutually exclusive.  They don't have to just defund Obamacare.  They can start slashing the president's 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't 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's not, it doesn't even make sense to start going down that road. But the case still has to be made.

RUSH:  Now, that's an important point: You gotta make the case.  You've got to stand up!  You have to proclaim what's right and wrong.  You have to draw your line in the sand.  Even if you're gonna bend over and grab the ankles, you've got to draw the line in the sand. 

END TRANSCRIPT

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