Speaking on "Fox News Sunday," Rep. Trey Gowdy (R-S.C.) said the Obama Administration is nullifying the laws Congress passed at "an unprecedented level" and supports taking the Administration to court over executive overreach on issues related to immigration and other matters.
Gowdy signed on to a resolution sponsored by S.C. Rep. Tom Rice that, if passed, would initiate a U.S. House of Representative lawsuit against the Administration for taking action on immigration and other matters contrary to the laws Congress passed.
"The case law that says members don't have standing also allows for the institution itself -- under a theory of vote nullification, that if the executive is just nullifying the votes of a co-equal branch of government -- that we may have standing," Gowdy said. "(T)hat's what [Rice] is trying to do with his resolution."
Gowdy said the Administration has disregarded immigration enforcement laws, and unilaterally changed or delayed other laws, so the time is ripe for action. "I don't like running to the court," he said. "I'd rather use any other remedy other than going to the court. But our other remedies have not worked, and the judicial branch is there for a reason. In certain circumstances Congress ought to be able to assert its standing, and I just think the pervasiveness of his ignoring of Congress has reached a point, we don't have a choice."
Gowdy said the president is substituting his judgment for Congress' in matters like the Deferred Action for Childhood Arrivals program. "Congress had a chance to provide a path to citizenship for children and they refused to do so," Gowdy said." "So Congress refused to act and the president substitutes his judgment for Congress's and does by executive fiat what the legislative branch refused to do."
Gowdy speculated about whether the president could ignore other types of laws. "If you can turn off immigration laws, if you can turn off mandatory minimums in our drug statutes, if you can turn off the so called Affordable Care Act, why not election laws?" Gowdy said. "If you can turn off certain categories of law, do you also not have the power to turn off all categories of the law?"
Read more in the Daily Caller.
Updated: Tue, Dec 17th 2013 @ 3:34pm EST