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The answer here is obvious:STATE LEGAL ACTION to confront a Constitutional affront. Texas and Arizona as an example have obvious standing and can file almost immediately and force judicial intervention. Cruz is, as usual, more interested in his self promotion than actually resolving an issue. Its instructive that his widely regarded as a grandstander by the most conservative of his Senatorial brethren (see Coburn, the most conservative voting GOP Senator). Obama WANTS a POLITICAL confrontation so he can stigmatize a GOP Congress, and set the stage for a big turnout/ Democratic Congressional recovery in the next Presidential election. The issue is complicated by the fact that roughly 75% of American voters are in favor of at least selective amnesty (i.e. parents wit American children), but roughly 50% don't approve of the methodology. Obama will of course focus on the family impact of his proposal: he want's a wedge issue. The GOP needs to turn it into a legal NOT A POLITICAL issue. There is a reason the GOP is called the stupid party; the visceral right is frequently more interested in fighting than they are in winning.
His primary goal used to be-as he amusing conceded in his audience presentations at the beginning of his career-to get rich. I find Limbaugh occasionally insightful and amusing, but I have no delusions about his focus.
Cite a single precedent. If the assertion were true virtually all the fund raiding extremes of either side would be grounds for suit.
In fairness,another MIT economics professor -Avrik Roy-is probably the most prominent academic critic of the law.
In response to:

Two Hidden Factors in the 2014 Campaign

ITSTLN Wrote: Nov 11, 2014 10:33 AM
Ted Cruz longer term view is focused on promoting Ted Cruz. Noteworthy: he now virtually never references the shut down and its political consequences.
In response to:

Two Hidden Factors in the 2014 Campaign

ITSTLN Wrote: Nov 11, 2014 10:31 AM
The premise wasn't that the GOP shouldn't try to defund the ACA. The argument was that it shouldn't have been linked the defunding to the CR, because the Democrats would most assuredly decline the vote and the normal operations of government (exaggerated as a "shut down") would be interrupted-to the GOP's discredit and loss. WHICH IS EXACTLY WHAT HAPPENED. The GOP approval stood at 22%: it was crystal clear the vast bulk of the American electorate (including a majority of center right voters) DISAPPROVED. The GOP got lucky: the abysmal roll out -as Barone notes-detracted attention from the abortive effort to use the CR as a leverage.Noteworthy: neither Cruz nor Lee has chosen to raise the issue again. The only way the GOP can "stand up" to the ACA is to control the political process. Conducting political suicide frontal assaults is an idiot's exercise.
It would be nice if the article referenced the specific comment and interpretation which Limbaugh is basing his suit on. He of course has zero chance of winning, which he undoubtedly knows (public political personalities have virtually no standing under libel law precedent; entertainment personalities are only minimally better off). Which means this is a PR litigation, which will provide on-air fodder and allow him to stir his base audience, which is after all his primary goal.
In response to:

SCOTUS To Hear New Obamacare Challenge

ITSTLN Wrote: Nov 07, 2014 4:56 PM
Roberts initial opinion was obviously tortuous, but he was well aware the "tax" definition created several opportunities for future challenge-once that definition was accepted as a constitutional rationale. It would be interesting to know his thought process, but I have no doubt it was political rather than legal in context.Taken in terms of practical outcome it creates a situation where the bill has to be rewritten (and essentially replaced) once it has gone into actual effect. And I suspect that was his intention.
In response to:

SCOTUS To Hear New Obamacare Challenge

ITSTLN Wrote: Nov 07, 2014 4:49 PM
Only if Gruber is available for sanction also.
Not bad. But the Democrats will not participate and may filibuster the new Senate. More to the point Obama will act between Dec.7th and the 13th of this year, to extend executive amnesty of some sort. The question is of what sort?
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