Will Boehner’s Obamacare Lawsuit Gain Traction?
Posted at 10:04 a.m. on July 14
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.”