Roll Call: Latest News on Capitol Hill, Congress, Politics and Elections
July 22, 2014

Will Boehner’s Obamacare Lawsuit Gain Traction?

Sarah Kliff: “House Speaker John Boehner’s plan to sue the Obama administration may never get its day in court.”

“Many bright legal minds think that the charge will fail on standing. The courts have historically been reluctant to get involved in disputes between Congress and the president.”

“Legal experts disagree over what the precedent says about this particular situation, and whether this delay is bigger than the type of executive discretion the Supreme Court has signed off on in the past.”

“And there’s a decent chance the Supreme Court will never settle this issue if it, or lower courts, decide that Boehner does not have the standing to bring his challenge. There’s a possible future where the delay could, in fact, be illegal — but, with no plaintiff able to claim standing, it is left in place.”

“‘There’s a principle of our constitutional system that goes back to the Marbury v. Madison decision that says there are some illegal, and even constitutional violations, that are not justiciable,’ says Jon Siegel, an expert on administrative law at George Washington University’s School of Law. It’s not enough to say you think the president did something illegal. There has to be someone who was actually harmed by that illegal action.”

  • bpai99

    Boehner was never serious about this move and everyone knows it. It was no more than him throwing some red meat to the baying mob of Tea Party lunatics.

    • Mike S

      Anything to distract from the fact that he’s a drunk that golfs four times as much as Obama and yet somehow draws no ire for doing so from the same conservative commentators that think the president never works.

  • embo66

    It would be so incredibly strange and ironic if the House gained standing by claiming that employees of a certain company were provably harmed by Obama delaying the ACA’s employer mandate!

    Still, I don’t see it happening. After all, the individual mandate still stands — and that has been shown to be far more crucial to overall coverage than any employer mandate. It also means that no individual can claim harm just because their employer wasn’t required to offer health care insurance.

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