CHARLESTON, W.Va. — The state of West Virginia is now challenging how President Barack Obama does his job.

On Tuesday, Attorney General Patrick Morrisey filed a lawsuit — on the state’s behalf — in the U.S. District Court for the District of Columbia against the U.S. Department of Health and Human Services.

The claim is President Obama has not enforced the law, as written, in the case of the Affordable Care Act along with regulations for immigration, the environment and mining. It cites numerous executive moves made without Congressional approval.

“This case involves core questions about the rule of law and the proper role of the President and the states in our system of government,” the lawsuit said. “The Constitution prohibits the President from picking and choosing the laws that he enforces based on political convenience.”

The full lawsuit is available here.

“This lawsuit simply asks the Court to require the Obama Administration to follow the laws and restore the Constitutional boundaries on Presidential authority,” Morrisey said in a statement issued Tuesday.

“Unfortunately, the President has shown time and again that he is willing to ignore or go around Congress to promote agenda and that can’t continue.”

There was no immediate response from the White House on the lawsuit.

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  • dosnutchos

    Does this mean that the executive branch must ensure every law is carried out and enforced the same?
    Republicans might not like the outcome of this suit when they have their President. Sounds like the real losers of this are the taxpayers.
    West Virginia has Kenneth Star as Attorney General.

    • Silas Lynch

      "Their" President! "THEIR" President? Why don't you move to Mexico where you can have the style of Government you deserve!!! Or better yet, Cuba needs some new blood injected into their party loyalist clan--- wear your Che shirt.....

  • rick another article on here the oil and gas folks are asking the Governor to take some executive action to blunt the clean water law. The Repubs asked the administration to blunt the health law for small businesses for a period of time. He did what they asked and this idiot is suing him for taking action the Congress won't do.

  • Hop'sHip

    I guess we don't mind our AG pandering, as long as he is pandering to the RIGHT people.

    • The bookman

      There are countless examples of States' AGs suing administration agencies at the federal level of both parties. Did you take the time to read the attached document, or simply dismiss it as pandering because Morrisey isn't politically in line with your thinking?

    • The bookman

      There are countless examples of States' Attorneys General suing administration agencies at the federal level of both parties. Did you take the time to read the attached document, or simply dismiss it as pandering because Morrisey isn't politically in line with your thinking?

  • Jim Donnan

    I still don't understand. Did Darrell McGraw try to rape Tony Arbaugh, too?

  • JTC

    Once again grandstanding AG will make us look like fools before the entire nation, all in hopes that he might become governor, as a Lifetime a West Virginian I am embarrassed by Morriseys action of WASTING my tax dollars for HIS political gain.

    • Mitch


      In other words, you're a Democrat who doesn't like him suing your hero. Got it.

  • med1260

    GOP Conservative comes to WV, preaches save money and then files frivolous lawsuits wasting our tax dollars. Way to go AG ! One would ask why you want to waste money and personnel when the budget is so tight?? What are your motives??

  • Mike

    If, and that is a very big IF, anyone even told the President of this idiot's lawsuit, I'm sure he's shaking in his boots. "Morrisey who...".

  • Independent View

    There are obviously, two methods employed in dealing with Obama's Executive Action, AKA, "I've got a pen and a phone" and directing his bureaucrats to ignore or not enforce laws that he does not agree with.
    The first method is hand-wringing,. demonstrated by those Americans that do not agree with Obama's tactics yet choose to say or do nothing. This method also appears to be Congress' particularly, the House of Representatives' chosen method. The situation would be entirely different if it was a Republican president. The Dems would have already began impeachment proceedings and the most dangerous place in DC would have been to get between a Democrat and a TV camera that he/she wanted to whine into.
    A second method, employed and stated by the majority of posters on this site is, "ah, come on he only has two years left in his term, leave it alone.
    Now, there is a third method. Instead of wringing ones hands or suggesting a "let sleeping dogs lie" approach, it is say what you mean and mean what you say! That's what AG Morrisey is doing, the time for whining, begging, cajoling is over, it's time for action! Most of these posters are whining that the AG is wasting taxpayer money on this lawsuit. Apparently, you folks would prefer to go back to the former AG that spent millions on political trinkets at taxpayer expense and hiring lawyers to litigate cases that made campaign contributions?
    No wonder WV is last in every meaningful category.

  • Aaron

    For all those decrying the AG's action, here is the opinion of one Constitutional scholar regarding Speaker Boehner's intent to sue the President.

  • Washington Hypocrite

    This is the same crook who made millions as a lobbyist in Washington. Another out of state carpetbagger. Go back where you and your worthless wife came from.

    • Tony

      Jay Rockefeller is a carpetbagger. An out-of-state mega, MEGA wealthy man whose riches would put Morrisey's modest bits to shame! He was a rich New Yorker and WV was all over his rich butt. Don't bring that crap, son!

  • Butch

    This won't do a darn thing except waste our tax dollars. What a waste of time and energy.

    Morrisey is an embarrassment to the State of West Virginia. Please send him back to New Jersey/DC/Maryland wherever it was he came from.

    • Neal

      I think your view is in the minority in this state. You do know that Obama didn't carry a single county in WV in the last election, right? Methinks the vast majority of WVians are on Morrisey's side on this one.

      • Butch

        People here don't like the President but they HATE wasteful spending of their tax dollars even more.

        You are in the minority in this state GUARANTEED if you think this is a good idea.

        • Aaron

          I'm curious Butch, if the AG's office uses salaried employees, how is this a waste of money beyond the filing fee? It's not like these employees aren't going to be paid anyhow so please explain the "wasteful spending."

          • Aaron

            You answered nothing Butch. If this case and proves Obamacare how is that not helping everybody.'s other than that what else could they be working on? Gone are the days of shopping for trinkets on eBay so they now have time to pursue legal issues. You claim this will not text the president. How do you know that? Do you think it District Judge is just going to dismiss it because Democrats think it's a partisan hoax?

          • Butch

            Oh I get it, you Think this is a worthy cause so you're refusing to understand the answer. I answered your question. It isn't my problem that you don't want to accept it.

            This is a waste of staff time and tax dollars.

          • Aaron

            Such as? Doesn't the implementation of current United States Law fall under the purview of the AG's office?

          • Butch

            If they have nothing to do but make up lawsuits to file that will not touch the President, then they need to be let go. They obviously have too much time on their hands, otherwise, work on things that will actually make a difference.

  • Bartholomule

    Good job Patrick. Anything that even slows down this runaway President helps. Subpoena the guy and make him come to West Virginia to testify.

  • Hindi

    About time someone took the bull (Obama) by the horns; I'm all for it! It's time West Virginia takes a stand.

  • Sarah

    Are you kidding me? He is wasting our tax dollars on frivolous lawsuits like this that won't do anything to a President that has 2 years left? That is insane.

    This guy is a nut job and he needs to be removed before he wastes any more of our money.

    • Mitch

      @ Sarah,

      Ah, you can always tell the Democrats. they come out of the woodwork when one of their own is attacked.

    • The bookman

      As a fair minded individual who sets partisanship aside, I would ask if you were critical of Judge Darrell McGraw's spending habits as well during his tenure in the AG's office? Or was the millions of dollars he spent promoting himself to re election justified because he was in your political camp? Just curious observation as I read your comment about Morrisey wasting tax payer money while actually executing the duties of his office instead of purchasing tv advertising, pens, and coffee mugs sporting his likeness.

      • Sarah

        Why is your defense of Morrisey always McGraw did it too?

        That is just a ridiculous argument.

        • The bookman

          I believe in the validity of his suit against HHS. My support of Morrisey stands on its own, not justified by McGraw's actions. My question was whether your concern for the public's treasury was as adamant when McGraw CLEARLY wasted the public's money on trinkets. I guess you still have deflected that question.

        • Big Bob-E

          It's ridiculous all right...but it's all he's got. Bookman is one of the brightest posters on here..but...he does let his bias get in the way at times.

          • The bookman

            Read the response to MCC to see my opinion of Morrisey's suit. It was posted last night hours before my reply to Sarah. My issue is the reaction that while conducting the people's business Morrisey takes heat for wasting money, yet the intensely partisan who oppose Morrisey at every turn would vote for McGraw tomorrow. You may not agree with his politics, but at least he is attempting to conduct the duties of his office.

      • Big Bob-E

        Hmmmmm...two wrongs make a RIGHT!!! I get it now.

        • The bookman

          Could you explain that Bob? How is this AG wasting tax payer money by standing up for the citizens of WV akin to wasting money on electioneer materials and airtime on TV? You may not agree with his politics, but a majority of voters placed Mr Morrisey in office knowing exactly his politics. He could make his rounds on the taxpayers dime solidifying his seat in the AG's office, but chooses to take stands that clearly defines his position. I'm impressed with his candor, and frankly, it's refreshing to see such unabashed confidence from an elected leader.

          • Aaron

            Which companies and what drugs?

          • Big Bob-E

            I don't know...maybe a law suit against some major pharmaceutical firms who are guilty of dumping their poison drugs in West Virginia. Just say'n....

          • Aaron

            So what is it that they could be working on that this case is costing so much money?

          • Big Bob-E

            Aaron-Maybe because perhaps there are more pressing issues in a State that ranks last in nearly every category that counts.

            Bookman - I believe I indicated that I was voicing my opinion and you yours. One cannot count on voters to correct a wrong or we wouldn't even be having this conversation;-)

          • Aaron

            If the AG's office uses current salaried employees to argue the case, how is this a waste of money Bob?

          • The bookman


            Then in a few years the people of WV can either reward Morrisey with another term if he chooses to run or throw him out based on his performance and public stands on the issues before him. But at least it will not be a function of how many coffee mugs he successfully distributed on our dime. Buying trinkets is wasteful, I think we can all agree. Whether or not this action is wasteful would be a matter of opinion, and remains to be seen.

          • Big Bob-E

            Wasted money is wasted money...Morrisey wanted a bully pulpit and the voters of WV gave him one. I didn't vote for him and I don't agree with his politics. You may have voted for him and you're entitled to support his opinion is that this is money no less wasted than with the former AG's actions. The tax payers of WV will reap the exact same benefit...they get to foot the bill!!

  • A.J.

    This is Morrisey showing his true colors, and his true national ambition. What is it about Maryland and its carpetbaggers? The lawsuit, of course, is complete GOP b.s. -- instead of actually crafting some effective policy and moving the country forward, it's the same old partisan crap. The GOP will continue to tilt at windmills for the last two year's of Obama's presidency, then act surprised when a Democrat kicks their collective behinds (again) in the 2016 election.

    • the truth

      A.J. can you name anything that Obama has done that is not scandal ridden mess. I would rather have Morrisey any day of the week then the previous good old boy who used the office for trinkets and payoffs to trial attorney's. Obama is just another corrupt Chicago politician.

    • Aaron

      While I am not trying to say the lawsuit has merit or that your claim of GOP BS is inaccurate, I am curious AJ do you believe the president has the right to selectively enforce laws? Do you believe he has a right to pick and choose which laws he will instruct his Justice Department to enforce and which ones to ignore?

      • Butch

        How about you pick battles that you can actually win? This is dumb.

        • Aaron

          How do you know he cannot win them? I'm not saying he can and I won't say speak to the validity of this suit but I'm not convinced it is pointless either. I'll have to do some research on this one.

          In the mean time, i'll pose the same question to you that was posed to AJ. Should the President be allowed to pick and choose the laws he chooses to enforce?

          • Aaron

            I've heard Mr. Obama speak, in person and via tape on many occasions. It is one of the things he does well, at least when the speech is rolling past on a teleprompter.

            As to what rises to Iran Contra, I reckon we don't know that yet, do we? It seems when the One is questioned, the person asking what seem to be legitimate questions is accused of playing politics or of being a racist or some other non-sense like that.

            Why do you reckon that is Mr. Hip?????

          • Aaron

            Here's an interesting piece regarding Obama and foreign policy, which is another area the current occupier of the White House could take a lesson from President Reagan, particularly when it comes to dealing with Russians.


          • Hop'sHip

            Well that was twelve minutes I'll never get back. A lot of empty words delivered in a folksy, "oh shucks" style that apparently appeals to you. Maybe Obama should work on that. What again is it that he needs to address that rises to Iran-Contra?

          • Aaron

            Here's President Reagan's complete address.


            Did Congress impeach him?

            As you search for that answer Hop, perhaps you can then supply the Obama video in which Obama states "you deserve the truth" as President Reagan did at the 50 second mark.

            Will that video by Obama include comments like those by President Reagan in which comes clean and acknowledges the entire truth of what happened and accepts responsibility for the actions of his administration and admits his mistakes?

            Perhaps after watching this video 187 times, as you grasp how a President is supposed to sound and act, you can then forward this message to the Obama Administration as that concept is not present with the current administration, wouldn't you agree!!!!!

          • Hop'sHip

            It cut off before he finished. Did he eventually take full responsibility and announced his resignation?

          • Aaron

            Here is just one difference between Ronald Reagan and Barrack Obama Jason412.


          • Jason412


            You pretty much just described Ronald Reagan to a t, just a few words need substituted such as "Al Qaeda" for "Contra's".

          • Mike

            Each parties' executive branch when in power does pick and choose. Absolutely. Should they be allowed. No. But they do. It just happens to be Obama's turn.

          • Thecrow2123

            Actually Mason County,

            One of Obama's selections does rise to that level. When "he", by executive order, waved the law that prevented anyone from giving arms or monetary support to terrorist organization's so he could supply the Syrian Rebels with the same and then did so was actually an act of treason. This group is mostly Al Qaeda members and has also formed the off chute group known as ISIS. That's correct, that well funded and supplied bunch in Iraq is funded and supplied by Your tax dollars.

            It was not within his authority to wave this law nor was it within his authority to give them material support. This itself constitutes high crimes and doing so for the very terrorist organization that pulled off 9/11 and of whom we have at been at war with does constitute treason no matter how much you soft scrub it.

          • The bookman


            No, I don't think impeachment is the answer, as it causes more harm than good in this instance. But I do think a cease and desist order from the court is warranted. This administration plays it fast and loose with the law, as if he is a strong armed sheriff in the Old Wild West. Congress has no one to blame but themselves for allowing their weakness and inaction it be parlayed into a Monarchy in the White House! Ok, monarchy might be a bit much, but you get the point.

          • Tim C

            According to the Constitution.....the President doesn't have the authority to selectively enforce laws while ignoring others. The President sure as he'll doesn't have the legal authority to change laws.....which is exactly what he is trying to do. Everyone needs to wake up!

          • Mason County Contrarian

            Every Republican or Democrat chief executive, as a part of their constitutional duty, has enforced the law in the manner they deem necessary or sufficient.

            They may have not enforced them the way their supporters or critics would have preferred, but that is for historians to debate.

            I seriously doubt that the president's action or inaction on select issues rises to the constitutional threshold of "high crimes and misdemeanors".

            That is just my informed decision, agree or disagree.