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Can the President Delay Obamacare Despite the Statutory Language?

July 12th, 2013 No comments

Someone wrote to me about another Law Lunch discussion of yesterday:

“…Jefferson’s refusal to spend $50,000 for gun boats in 1803, after they were no longer needed. Better yet, compare the more recent example of the Secretary of Housing and Urban Development temporarily suspending funds pending a study of whether the expenditures on low income housing were achieving the purpose Congress intended. That was upheld by the DC Circuit in Commonwealth of Pennsylvania v. Lynn, 1974, with the court noting the fact that the reason for the impoundment was program-related. I see a fundamental difference between refusing to enforce the law because the President wishes it had never been passed and delaying enforcement because the President likes the law and wants it to achieve its substantive goals. Read more…

Obama’s Broken Promise on Signing Statements

July 1st, 2009 No comments

Update: Look at the VC comments on this. It’s unbelievable. Obama supporters argue that he isn’t breaking his promise, because they say he only promised not to thwart the will of Congress with signing statements!


Julian Ku
says:

Was I unfair in calling Barack Obama “hypocritical” in issuing his (otherwise sensible and constitutional) signing statements last week? Hypocrisy is a strong charge. On the other hand, Obama explicitly denounced the “theory of George Bush that he can make laws as he is going along” by using signing statements and then flatly promised not to use any such statements when in office. See for yourself.

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