Public Citizens Sues Over S.1932
by sethco, Tue Mar 21, 2006 at 03:57:07 PM EST
Just yesterday I was wondering why no one had filed a lawsuit in re S.1932, (also known by the laughably Orwellian nickname "Deficit Reduction Act of 2005"). Why was I contemplating a lawsuit? Because the bill the President signed was not the same in the House and Senate version - a basic constitutional requirement that one learns about in junior high civics.
Today, though, my question was answered.
Public Citizen has filed suit in the U.S. District Court for the District of Columbia. From their press release:
A law President Bush signed on Feb. 8 is invalid because he signed a version of the bill that was passed by the U.S. Senate but not the U.S. House of Representatives, Public Citizen told the U.S. District Court for the District of Columbia in a lawsuit filed today. The law, the Deficit Reduction Act of 2005, decreases student loan and Medicare spending, extends welfare cuts and cuts federal funding of state child-support enforcement programs.
Say what you want about the Republican plan to slash funding for Medicare and student loans, but the fact of the matter is that the bill signed by the President is prima facie invalid.
Those so inclined can read the complaint in its entirety here.
This shouldn't be a controversial case. Even the conservative American Enterprise Institute has called this affair rotten. One wonders why the Republicans are so adamant about ignoring the rule of law. For a more in depth look at the questions involved, I recommend you take a moment to read Marty Lederman's original post from when the bill was signed. This should be an interesting case to follow.