Named in the suit are none other than President Barack Obama, Treasury Secretary Timothy Geithner, Attorney General Eric Holder, and Health & Human Services Director Kathleen Sebelius.
At the heart of the suit is the Slaughter Solution or "deem and pass", which permitted House members to vote on a rule that allowed them to reconcile the Senate Bill while deeming that Bill as having passed. That Senate Bill would not have passed with an up or down vote for primarily two reasons:
1.) House Democrats opposed to it, like pro-life Democrat Bart Stupak could not take the Senate at its word that it would reconcile the bill after the fact.
2.) The Bill is so unpopular with the American people that many Democrats won't vote "yes" on it but many of those same Democrats would vote "yes" on a rule that deems the bill to have passed. They are trying to hide their vote.
Levin's biggest weapon in the lawsuit appears to be Article I, Section VII, Clause II of the U.S. Constitution:
Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively.The key part within that clause is obviously the mandate that each bill must pass both Houses via "yeas" and "nays". That is really the bedrock of Levin's proposed case.
Defendants and Obama administration apologists may mock the suit as something that is inspired by an angry serf with no chance of winning but a few things to remember.The only reason this process has dragged on as long as it has is that the American people began standing up to Big Government in the form of Tea Parties and Town Halls. Talk radio and internet blogs have been hugely responsible for rallying the American people. They have created virtual communities consisting of people who haven't met but are on the same page. Levin is a very well known talk show host whose book, "Liberty and Tyranny" was a huge best seller and was #1 for 12 consecutive weeks.
If Obama care passes because of the Slaughter Solution, look for that same huge swath of Americans - already outraged and certain to be more outraged as a result of such a scenario - to rally behind Levin. Adding certain fuel to this will also be Levin's talk radio allies. Unlike Michael Savage who - love him or hate him - has seemingly alienated fellow talk show hosts with his style. Savage is incredibly smart, entertaining, and informative, often willing to say what many others won't but has been unable to rally big name talk radio hosts to his cause when he was banned from Britain for his speech. Personally, I don't think that's reason enough for people not to stand with him but it's an inescapable reality.
Unlike Savage, Levin's allies include the #1 and #2 talk show hosts in the country - Rush Limbaugh and Sean Hannity. If this health care bill becomes the law of the land, I expect Levin's lawsuit to take center stage in the Tea Party movement. Look for bloggers and talk radio listeners to rally behind him in a big way.
In addition to being a legal and constitutional scholar, Levin also heads a law firm. For more on why Levin should be taken very seriously, check out this article from Jeffrey Lord at the American Spectator.
Read Levin's suit here.
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