mr. clement. >> thank you. i wanted to pick up where rick off. as he indicated, when the affordable care act was passed congress that f the president signed and it included a number of very deadlines, very specific formulas. hat has happened as the implementation deadlines have come to the fore is that the multiple tion on occasions has relaxed the deadlines, changed the rules, this part of the law, that part of the law won't go into ffect on the date congress specified. a lot of people, in looking at branch actions say it is contrary to the law doubt but they would somebody would have standing to bring a challenge to those executive actions. the executive here to essentially eliminate an law congress thought was important namely that members of congress and toir staffs would be subject the same healthcare system with the imitations as constituents, that provision has gh this opm resume likewise been relaxed. what we think makes this think nt and what we gives somebody -- and senator johnson and his staff members in articular -- standing to raise

mr. clement? senate ve had to go to ethics. i had to options.und it personally which i was willing to do but the senate ethics committee did allow me to do it through my campaign committee. so that is another way i can fund but the senate ethics committee did allow me to do it through my campaign committee. so that is another way i can fund this. so i can do a combination or all the other.ll of i hope to be able to quite my stly raise funds through campaign committee. some wouldn't do that. you have campaign finance those contributions and can be pretty precious dollars. ut this is such an important more than i think i'm willing to either fund it utilize those limited campaign funds. that is how it will be funded. critics, iyou say to utilizeu have a fellow congressman, member of congress james sconsin sensenbrenner who said there is a political stunt and it will serve as a distraction away from what is really wrong with obama we will he said that focus on a trivial issue. he is a republican. what would you say to critics him? >> first of all i

mr. clement talk about that, where we do have standing. i do believe i have the obligation to make this point to overturn this role. to try to reestablish the check and balance, that very careful balance that our founders put into the constitution. with that, i would like to turn it over. rick will talk about the legal issues. >> the lawsuit was filed this morning in the northern division of the eastern district of wisconsin, where senator johnson lives. the northern division sits in green bay. the case has been assigned to judge william greasback. when they passed the affordable care act, they knew that some people who had coverage with lose it. to acceptonfidence, for themselves what they were about to mandate, congress decided that the only coverage that would be made available to members and their staff was that which could be purchased on an aca exchange. there is no doubt about that. d3d provides that the only health care plan that can be offered to members or their staff are those that may be purchased under an exchange created unde

mr. clement? >> mr. chief justice, may it please the court. under this court's decision there are only two relevant questions and the ninth circuit got both of them wrong. first question is whether a claim for additional benefits under a frequent flyer program like price upgrades relate to price and routes and services. this court answered that question and agreed that it was not particularly close. to reach the same conclusion in the same context underscores how far they've strayed from this court's precedence. the second question is whether this party's claim seeks to enforce state law to enlarge those undertakings and enlarge the party's bargain and as to that question we think respondent's own claims make the case quite clear. respondent did bring a claim to enforce the party's voluntary undertakings, a breach of contract claim. implied preemption seeks to impose a duty of fair dealing in reasonableness and superimpose on the bargaining even when the parties to the contract have essentially given one party absolute discretion. >> the argum

mr. clement? itmr. chief justice, may please the court. under this court's decision there are only two relevant questions and the ninth circuit of them wrong. first question is whether a claim for additional benefits a frequent flyer program price upgrades relate to price and routes and services. answered that question and agreed that it was close.ticularly to reach the same conclusion in howsame context underscores far they've strayed from this court's precedence. the second question is whether party's claim seeks to enforce state law to enlarge undertakings and enlarge the party's bargain and as to we thinktion respondent's own claims make the case quite clear. bring a claim to enforce the party's voluntary undertakings, a breach of contract claim. preemption seeks to impose a duty of fair dealing in and superimpose on the bargaining even when the parties to the contract have given one party absolute discretion. >> the argument was made that if airline has an unreviewable terminate this reason or forany no reason, if that is so, then ill

mr. paul clement -- he has been retained to consult on future potential appellate issues.course, paul is a partner at the bancroft law firm here in d.c. he was the 43rd solicitor general of the united states under george w. bush. i became familiar with him because he was the attorney arguing against obamacare in front of the supreme court. i attended all four of those sessions. i am very grateful that these two gentlemen have joined me today. this is a lawsuit that i am filing against captain archuleta and the office of personnel and management to overturn their ruling that gives members of congress and their staff special treatment under the health care law. why am i doing this? there are two basic reasons. the first is, i think it is a basic issue of fairness. i really do believe that the american people expect and have every right to expect that members of congress should be fully subject to all of the rules and laws that congress imposes on the rest of america. it is not the case with the health care law. particularly with this office of personnel management ruling. yo