Roll Call: Latest News on Capitol Hill, Congress, Politics and Elections
December 21, 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.

  • Terry Lee Robbins

    Stand exists because millions of Americans have been harmed by the increase of their medical costs and the denial of access to the doctors they trust. Speaker Boehner represents those millions of people and is bringing suit against the little wanna-be dictator perched in our White House. The only people defending this tyrant are the low information delusional democrats who are to ignorant to realize that their medical costs have tripled right up to the moment they receive the bill in their grubby little hands, and then they remain silent out of support for their King and Savior Obama The Great One and to avoid being exposed as the idiots they are.

  • Yonatan YONATAN

    There are STILL three million unemployed workers, with families , who are STILL without an unemployment extension of benefits, since last December. While the republican senate vigorously fought on behalf of the Koch Brother’s oil pipeline bill to be passed, they totally ignored and delayed the passing of the unemployment extension bill , that would have greatly helped millions of these families living in financial ruin and poverty. Our government recently passed an foreign aid bill for the Ukraine, worth Billions of tax payer dollars. There is also a bill to pass a 2.6 BILLION dollar bill for the thousands of migrant children pouring into our country on a daily basis, unabated.by customs or our defense. Why is it so difficult for our government to help our own citizens right here in our own country? Why is there no money to help these unemployed families who lost their benefits seven months ago, and are still struggling to survive ever since? How can the republicans refuse to help Americans, but give our money away like it belongs to themselves? These Americans are in desperate need, and can not be ignored anymore. Even our own veterans matter little to our government. Look at their healthcare they have received. We treat illegal migrants better than our veterans.

Sign In

Forgot password?

Or

Subscribe

Receive daily coverage of the people, politics and personality of Capitol Hill.

Subscription | Free Trial

Logging you in. One moment, please...