House Speaker John Boehner (R-OH), told Republicans Tuesday he might have a decision soon on whether the House will file a lawsuit against President Obama challenging the executive actions of the administration. Boehner told fellow Republican members in a closed-door meeting that he has been consulting with legal scholars.
Boehner spokesman Michael Steel said: “The president has a clear record of ignoring the American people’s elected representatives and exceeding his constitutional authority, which has dangerous implications for both our system of government and our economy.”
It is unclear which of the many Obama actions the House might challenge. His DREAM amnesty program is an inviting target, as are the numerous changes to Obamacare.
While individual members of Congress do not have standing to sue because they are not legally recognized as injured parties, Congress as an institution may sue on the grounds that there has been institutional injury done because its legislative powers have been nullified. Boehner’s legal argument is based, in large part, on recent work by Washington, D.C., attorney David Rivkin and Elizabeth Price Foley, a professor of law at Florida International University College of Law.
Posted 6/25/14 by Margeret Hull