Monday, November 06, 2006

Keeping Track: Another Bush (41) Judicial Appointee From The Federalist Society Dismisses Case Against Bush & GOP

Detroit Judge Dismisses House Democrats' Lawsuit Over $39 Billion Budget Bill

The Honorable Nancy G. Edmunds, appointed to the federal bench by George H.W. Bush in 1992, presided over this case.

ABCnews.com reports:
A federal judge on Monday dismissed a lawsuit filed by U.S. House Democrats trying to stop a $39 billion budget bill because the House and Senate did not approve identical versions.

House Democrats accused GOP leaders of abusing the legislative process and contend they were denied their right to vote on legislation signed into law by President Bush in February. Rep. John Conyers, D-Mich., the ranking member of the House Judiciary Committee, sued in April along with 10 other House members to prevent the law from being implemented.

The Senate version of the bill said Medicare can pay to rent some types of medical equipment for 13 months. A clerk erroneously wrote down 36 months before the bill was sent back to the House for a final vote, and the language was approved by the House on Feb. 1.

When the bill was sent to Bush for his signature, the number was back to 13 months. The lawsuit said the oversight amounted to an additional $2 billion in spending, and the plaintiffs claimed that because they never had the chance to vote on the version signed into law, the law was invalid.
The Department of Justice had sought the lawsuit's dismissal, claiming the 11 House members lacked standing because they are not renters of medical equipment and were not in "any way personally affected or injured."

The judge agreed with that argument. If that is the standard (only sick citizens on Medicare are recognized as having standing and may sue the King President, and not their representatives in Congress) not many cases, if any, will be filed.
Messages seeking comment were left Monday night with Conyers' office and the Justice Department.

The White House and Republican leaders in Congress have said the matter is settled because the mistake was technical and top House and Senate leaders certified the bill before transmitting it to the White House.

The Republicans have said the matter is settled, so it must be so. So there.

Do you think this is really what 'Reagan democrats' want when they vote for Republicans?

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