If Obama went nuclear with the 14th would the Supreme Court fast track the case?

[bluestateguy]

You know some asshole would try to sue America into default.

Would the Court take the case right away? Or would the case have to wend its way through the district court, the appellate court and then the Supreme Court, thereby taking many months and buying us more time?

[still_one]

1. If he had the courage to do it, I have no doubt the Supreme Court would fast track it. I also

believe that the court would rule in his favor

[FreakinDJ]

2. Like a Bullet

but it would be argued for days and the discussion would take time and in the end a public consensus would affect that decision

[alfredo]

3. I bet the the reps will impeach him, just like they did with Clinton.

Same results too.

[AndyTiedye]

6. They Will Do That No Matter What Happens

[alfredo]

18. And again, the Reps are avoiding doing our business. So

do the 14th amendment, and dare them to impeach.

[AndyTiedye]

23. It Would Only Buy Us an Hour or So, Until the USSC Rules for the Republicans

Using the 14th would buy us only an hour or so, until the Supreme Court ruled for the Republicans as they always do.

It would be pointless, and would further allow the teabaggers to claim that they are the ones who respect the Constitution (even as they shred it).

[alfredo]

27. It's worth a try.

[AndyTiedye]

29. It Would Only Give the Repiglickins More Ammunition for 2012

It would be an act of desperation on Obama's part, and it would be presented by the media as such.

[alfredo]

33. It is how he frames his actions. The story line would be:

Obama saved us from collapse and now the Republicans want to impeach him for it.

[AndyTiedye]

35. Most Will Only See How the Media Frames His Actions

…and they'll be spouting the Repig party line on every Tee Vee station in the country.

[alfredo]

36. Not if he grabs the microphone first. He's been better lately.

[alfredo]

34. dupe

[cherokeeprogressive]

25. So when do you think the impeachment process will begin?

Stop with the hyperbole.

[alfredo]

28. As soon as he invokes the 14th.

[backscatter712]

31. I'd be more worried about SCOTUS blocking Obama from going 14th than an impeachment.

Sure the House could, and probably would impeach.

But they don't have the 2/3 of the Senate required to convict, so Obama can just give the teabaggers a middle finger in that case, and the people would back him up, since they'd know that if Obama didn't invoke the 14th, the economy would be back in a nosedive.

The 5 conservatives, unfortunately, would be a different matter - they'd be very likely to fasttrack this case, and would rule against Obama just to shoot him down. Again, if I were Obama, I'd openly defy the ruling, dare the SCOTUS to enforce it, which would provoke, again, an impeachment by the House. And again, the Senate wouldn't have enough votes to convict, especially since the people would be backing the President for taking action to save the economy.

[alfredo]

37. I think the GOP is on the verge of a big power struggle. That might keep

Them busy for a bit.

[Major Hogwash]

40. The Supreme Court can't give a legal opinion based only on hypotheticals.

They have to have a case to sit in judgment on.
Without a case, their opinions don't have any legal weight.

John Dean explained this the other day. A case would have to be filed and then accepted, and he said it would be under those conditions, and then it would be fast tracked to have them decide the case.

They would support the actions of the President in this matter because of precedent.
Never before has Congress failed to raise the debt ceiling.
Every other time, it was raised.
So, the President would be saving the country, thus the entire world, and would be heralded as the greatest man to have ever lived by friend and foe alike.

[Fool Count]

45. How is Obama going to "openly defy the ruling"?

He can't print new US Treasury bonds and auction them off all by himself. Thousands of people are involved in the process and most of them would refuse
to do it, if SCOTUS decides that it is illegal. Those few who may decide to go along with the President will expose themselves to arrest and prosecution,
and there is not a thing Obama could do to protect them. Enough of that 14th amendment nonsense. Obama himself says that it is not a winning argument,
and it really isn't.

[madrchsod]

4. i think this court would`t overturn the 14th

that would be just a bit over the top even for those guys and gals

[DebJ]

42. Clarence Thomas would do anything that Bush asked him to

do. Anything.

[AndyTiedye]

5. As Fast as You Can Say "Bush v. Gore"!

They have a ruling all ready just in case. They would rule within 30 minutes.

It would be another non-precedent-setting ruling, just for Obama, in the Bush v. Gore tradition.

[MineralMan]

7. Absolutely they would.

No question.

[Zorra]

19. Do you think President Obama should go for it anyway, if necessary?

Would it be a constructive political move?

And is it worth trying, given the possibility that the SCOTUS may not fast track it?

[onenote]

22. If it was challenged, the President himself would ask for it to be fast-tracked

Having the issue of whether the President's actions were constitutional remain unresolved for a couple of years would be untenable. Bond rating would be lowered, interest rates would soar, and most of the bad things that would accompany a default would occur.

What if it went through the slow judicial process and a district court somewhere knocked it down? You really want to bet on one judge and then a multi year process to get it overturned?

[MineralMan]

26. No, I don't think he should.

If it failed, it would be a huge setback overall. And I believe sincerely that the SCOTUS would rule against its use, especially given its current makeup. Reading the Amendment, I can't see how it can be used in this instance, frankly.

[laylah]

8. No doubt in my mind. nt

[piratefish08]

9. so the hands of the most powerful man in the world are tied because of a potential lawsuit?

while other president's can start illegal wars, unquestioned?


yeah. we are fucked.

[AndyTiedye]

24. Appointments to the Suprme Court have Consequences

pretty much forever.

[Amonester]

39. well, his name is not georgedoubleyoubu$h, so he's got no free pass. n t

[DebJ]

43. Logic error: most powerful man in the world is not the US

President. It's some rich dude who is very, very quiet.

[originalpckelly]

10. You can't just sue. You have to have standing.

It might actually be very hard to do it from the normal person perspective. But I suppose one of the Congresscritters could indeed do it.

[backscatter712]

32. The House could do it, or a member of Congress.

They'd cite the Constitution's giving to the House the power of the purse, which would give them standing.

[onenote]

11. I suspect the administration would ask them to do so

Otherwise the uncertainty would roil the markets and cause many of the same problems as default. In fact, the odds of the president invoking the 14th Amendment remain low for that very reason -- it won't prevent some of the more adverse effects of default such as a lowering of the country's bond rating.

[11 Bravo]

12. I'm afraid this court would just vote 5-4 reflexively against the President.

They wouldn't even need to hear the case.

[ThomWV]

13. It would make it to the Supreme Court faster than Bush v. Gore, and with the same result.

Disaster.

[Bluenorthwest]

14. Sorry, I do not 'know' that your theory is correct.

What legal standing do you presume 'some asshole' would have to bring suit to the SCOTUS? Tell me that. Which asshole, suing for what reason, showing standing in what way?
I also take great issue with your editorial use of the word 'nuclear' to mean 'governing under the US Constitution'.

[Historic NY]

15. Sure would their paychecks depend on it....Slappy needs $$ for the motor home.

[lonestarnot]

16. That shit would be fast tracked in a heartbeat and we all know about that fucking SCOTUS which

contains impeachable members. I still hope he does it.

[DebJ]

44. Maybe in its current composition, SCROTUS would be a

more accurate acronym (R being for Republican).

[N7Shepard]

17. Anthony Kennedy would become the most powerful man in the US

[alcibiades_mystery]

20. They would absolutely have to, since the legality of the debt instruments would be in question

[KharmaTrain]

21. And How Would The Government Borrow Money?

The 14th only lifts the debt ceiling...a temporary move that means little as it's still the Congress role to control the purse strings and to be able to purchase new debt to keep the show rolling. Thus any attempt at invoking the 14th will surely meet with a major separation of powers conflict and you better believe the court will fast track it and I dare say rule against the Administration.

[grahamhgreen]

30. I think they would vote to increase Presidential powers.

[Major Hogwash]

38. Oh hell yeah. Boehner would probably be one of the parties suing the President!

And he would lose.

There's no way that the Supreme Court can overturn the Constitution.
Not at this late stage of the game.

If they tried, Obama could use the Patriot Act to declare that the Supreme Court justices who voted against him are "enemies of the state" and declare them "unfit for service" by executive order, and then appoint new judges to fill their shoes.

[999998th word]

41. A 'twofer' would be sweet-a chance to lose Thomas etc...

Clean house !!!:thumbsup: