Lawyers Debate Merits of Boehner Lawsuit

By Andrew Rafferty

 

Constitutional lawyers tussled over the merits of a planned Republican-led lawsuit against President Barack Obama on Wednesday, as Democrats continued to dismiss the suit as frivolous and a political stunt.

 

Attorneys in support of the suit told the House Rules Committee that Obama has overstepped his Constitutional authority by unilaterally modifying the implementation of the Affordable Care Act. It is a recent illustration of the long-term shift of power from Congress to the executive branch, they said.

 

“At some point this body has to take a stand and try to realign these branches,” said George Washington University law professor Jonathan Turley. “If it doesn’t I think this system is going to change in a very significant, and in my view, dangerous way.”

 

Democratic witnesses warned that the proposed litigation would give too much power to the courts and open the door to almost limitless possibilities for different bodies of government to sue each other.

 

“It would create a mess on a scale that is hard for any of us to even think about,” said Simon Lazarus, an attorney of the Constitutional Accountability Center.

 

Obama has called the suit a “political stunt” and said executive actions were necessary because Republicans have been unwilling to work with him.

More from

Rule of Law
April 14, 2025

Congressional Democrats Fight Back Against Trump’s Attacks on the FTC and Independent Agencies

Cory Booker Senate
Today, Senate and House Democrats filed an amicus brief opposing President Donald Trump’s unlawful attempt...
Access to Justice
U.S. Supreme Court

Beck v. United States

In Beck v. United States, the Supreme Court is considering whether servicemembers may sue the United States for money damages pursuant to the Federal Tort Claims Act when they are injured in the course of...
Rule of Law
U.S. District Court for the District of Columbia

Slaughter v. Trump

In Slaughter v. Trump, the United States District Court for the District of Columbia is considering whether Trump’s attempted firing of Commissioners Rebecca Slaughter and Alvaro Bedoya from the Federal Trade Commission was illegal.
Rule of Law
April 22, 2025

Is the US headed for a constitutional crisis?

Deutsche Welle
US President Donald Trump is issuing executive orders on a daily basis. So far, he’s...
Immigration and Citizenship
U.S. Court of Appeals for the Ninth Circuit

State of Washington v. Trump

In State of Washington v. Trump, the United States Court of Appeals for the Ninth Circuit is considering whether the Trump Administration’s executive order purporting to limit birthright citizenship to children who have at least...
Rule of Law
April 10, 2025

April 2025 Newsletter: Supporting New Scholarship for the Next Generation

Supporting New Scholarship for the Next Generation On March 20 and 21, CAC was thrilled...