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United States House of Representatives v. Burwell
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United States House of Representatives v. Burwell : ウィキペディア英語版
United States House of Representatives v. Burwell

''United States House of Representatives v. Burwell, et al.''〔''United States House of Representatives v. Burwell'', (1:14-cv-01967 ) (D.D.C., 2014).〕 (also known as the House Republicans' lawsuit against President Obama) is a lawsuit in which the United States House of Representatives is suing departments and officials within the executive branch, asserting that President Barack Obama has acted illegally in his implementation of the Patient Protection and Affordable Care Act. The litigation was authorized in a simple resolution on July 30, 2014, by a party-line vote of 225 to 201. All 225 votes in favor of filing a lawsuit were Republicans, and 5 Republicans joined 196 Democrats to vote against such a lawsuit.〔Jeremy W. Peters, "(House Votes to Sue Obama for Overstepping Powers )", ''The New York Times'' (July 30, 2014).〕 The vote authorized the initiation of "litigation for actions by the President or other executive branch officials inconsistent with their duties under the Constitution of the United States".〔 The lawsuit was touted by House Speaker John Boehner, and asserts that President Obama exceeded his constitutional authority in delaying the implementation of the employer mandate of the Affordable Care Act〔 and also "addresses Republican opposition to an estimated $175 billion in payments to insurance companies over the next 10 years as part of a cost-sharing program under the healthcare law."〔
Republicans filed the suit on November 21, 2014 in the United States District Court for the District of Columbia, one day after President Obama issued executive orders on immigration reform.〔〔(House files Obamacare Lawsuit ); Politico; Josh Gerstein and Lauren French; November 21, 2014〕 Republicans discussed expanding the scope of the lawsuit to include the executive orders that Obama issued on immigration, but the scope of the lawsuit was not expanded. Legal experts have said that the lawsuit is likely to fail.
The named defendants are the United States Department of Health and Human Services and the secretary in charge of the department, Sylvia Burwell, and the United States Department of the Treasury and the secretary in charge of the department, Jacob Lew.〔(House Republicans Sue Obama Administration Over Health Law ); New York Times; November 21, 2014〕
==Reactions==
The action has been noted to be "the first time either the House or Senate as an institution has brought a lawsuit against a president over enforcement of the law",〔Billy House and Matt Berman, "(House Votes to Move Forward on Lawsuit Against Obama )", ''National Journal'' (July 30, 2014).〕〔Alex Rogers, "(House Grants Boehner Authority to Sue Obama )" ''Time'' (July 30, 2014): "The House of Representatives passed a bill Wednesday granting House Speaker John Boehner the authority to sue President Barack Obama, marking the first time the legislative branch has endorsed such a lawsuit".〕 and described the vote as "a historic foray in the fight over constitutional checks and balances".〔Michael A. Memoli, "(GOP-led House votes to sue Obama in first-of-its-kind lawsuit )", ''LA Times'' (July 30, 2014), stating: "The House vote to sue President Obama is the first such legal challenge by a chamber of Congress against a president and a historic foray in the fight over constitutional checks and balances".〕 Political commentators have speculated that the proposal of a lawsuit is designed to supplant efforts to impeach Barack Obama, based on Boehner's experience with the impeachment of Bill Clinton. The commentators also believe that on its merits the lawsuit has many shortcomings, and legal experts have said it is likely to fail.〔
Observers have noted that Republicans had previously pressed for legislation to delay both the employer and individual mandates the previous year, and that the day after voting to sue the President for what he saw as ignoring a law passed by Congress, Boehner called on the President to ignore a provision in an immigration law passed by Congress. Obama responded to the plan to authorize a lawsuit against him, "Everyone sees this as a political stunt, but it’s worse than that because every vote they’re taking ... means a vote they’re not taking to help people."〔Zachary A. Goldfarb, "(Obama on GOP lawsuit: ‘Everyone sees this as a political stunt’ )", ''The Washington Post'' (July 30, 2014).〕 Some prominent conservatives have ridiculed the lawsuit as being wasteful "political theater" and a "foolish move", while others criticized it for not going far enough, preferring to press for impeachment.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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