Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, my amendment adds a new section to the bill to ensure that the President retains the well-established constitutional authority to exercise prosecutorial discretion when enforcing our laws. H.R. 4138 would empower either the House or the Senate to file a lawsuit whenever one House disagrees with how the executive branch is implementing a law. The bill applies to enforcement decisions made by any officer or employee of the United States, thus reaching into every decision across hundreds of thousands of ``Federal statutes, rules, regulations, programs, policies, or other laws.'' H.R. 4138 is a practical nightmare. It invites endless costly litigation over policy disagreements that do not raise any legitimate constitutional concerns. We need look no further than the examples cited by the sponsors of this bill to see that this is true. Far from representing a violation of the Take Care Clause, President Obama's decision to delay--not to refuse--enforcement of various deadlines under the Affordable Care Act are reasonable implementation decisions that are designed to ensure the ultimate success of the President's signature law. Delaying implementation of a complex law is not unusual. Similarly, the administration's setting of immigration enforcement priorities falls well within its exercise of prosecutorial discretion and raises no legitimate constitutional concern.…
Share & report
More from Jerry Nadler
Mr. Speaker, I yield 3 minutes to the distinguished gentleman from Ohio (Mr. Landsman).
Mr. Speaker, over 200 labor, consumer protection, and environmental organizations oppose H.R. 7198, the Prove It Act. Mr. Speaker, I include in the Record letters of opposition from the Coalition for Sensible Safeguards, Earthjustice, and…
Mr. Speaker, I yield myself such time as I may consume. We are going around in circles, but let me just add one thing. We call this the Midnight Rules Relief Act, but it is a big midnight. It extends the entire year, the last year of any…
Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the gentleman from Ohio (Mr. Jordan), the chairman of the committee, says we don't like what the American people did. Well, obviously we don't. We lost the election…





