CAC Senior Counsel Simon Lazarus appeared on local FOX News stations across the country, pushing back on the last-ditch conservative legal challenge to the Affordable Care Act.
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According to the Constitutional Accountability Center, the Philadelphia-based Eastern District has seven judicial vacancies. Mr. Casey and Mr. Toomey agreed in August on two nominees - attorney Gerald McHugh and Judge Edward Smith - but the confirmation process has stalled and there has been no movement toward nominations for the other five seats.
CAC's Simon Lazarus appeared on FOX News Channel to discuss recent moves by some U.S. House Republicans to sue President Obama under a flimsy reading of the Constitution's Take Care clause.
“To believe their argument, you have to believe that [top Democratic Senators] Harry Reid and Chuck Schumer and Patty Murray and Max Baucus got together off the Senate floor one day and said, ‘I know what we’ll do to convince these states that they should set up exchanges: We’ll give them the power to completely destroy at least the exchange portion of Obamacare in their states,’” said Simon Lazarus, senior counsel at the left-leaning Constitutional Accountability Center who has taken a leading role in repudiating Cannon’s work. “People think a lot of things of those individuals, but dumb is not one of them.”
Springing previously unvoiced objections in court, after a rule is final, amounts to “blindsiding an agency after it’s done its due diligence,” says Tom Donnelly, counsel for the D.C.-based Constitutional Accountability Center, who co-authored an amicus brief filed in support of the EPA.
This Supreme Court term is shaping up to be the biggest one for the environment since the Roberts court decided Massachusetts v. EPA in 2007. The court is slated to decide not just EME Homer this term, but also a challenge to the EPA’s recent efforts to regulate greenhouse-gas emissions. With the Obama administration pressing ahead with new regulations, this term may offer important clues as to where the Roberts court — and especially Justice Anthony Kennedy — will stand in key environmental cases moving forward.
The Roberts court has rarely sided against the Chamber of Commerce, which has weighed in against the EPA and on the side of the states whose air pollution the EPA is trying to regulate. According to the Constitutional Accountability Center, the Chamber has gone 8-2 in environmental law cases since Chief Justice John Roberts and Justice Samuel Alito joined the court.
"We heartily congratulate Pattie Millett on her long-awaited and well-deserved confirmation today," said Judith E. Schaeffer, the vice president of the Constitutional Accountability Center, a liberal legal advocacy group. "After months of needless delay by Senate Republicans, this overwhelmingly qualified and totally uncontroversial nominee is headed for service on the D.C. Circuit. Her sterling credentials should help provide much-needed balance to a bench that has produced some truly radical decisions in recent years."
"The Obama administration has, I think, made a very strong compromise trying to accommodate religious liberty interests while at the same time protecting the health of women,” said Elizabeth Wydra, chief counsel for the Constitutional Accountability Center.
“To have so few Republican Senators vote to confirm this outstanding nominee is a deep disappointment on an otherwise welcome occasion, and underscores just how far the Senate has descended into rank partisanship,” said Constitutional Accountability Center Vice President Judith E. Schaeffer in a statement. “After months of needless delay by Senate Republicans, this overwhelmingly qualified and totally uncontroversial nominee is headed for service on the D.C. Circuit. Her sterling credentials should help provide much-needed balance to a bench that has produced some truly radical decisions in recent years.”
“Inter-state air pollution is right at the core of why the federal government created the Constitution in the first place,” Tom Donnelly, counsel at the progressive think tank Constitutional Accountability Center (CAC), told ThinkProgress. CAC also filed a brief with the Supreme Court in this case, which outlines the Constitution’s support for the EPA’s authority.
Simon Lazarus, senior counsel at the Constitutional Accountability Center, made this very point. The delay was an adjustment in implementing the health care law, he said, “not a refusal to enforce.”