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

Corporate Accountability

Intuit, Inc. v. Federal Trade Commission

In Intuit Inc v. Federal Trade Commission, the United States Court of Appeals for the Fifth Circuit is considering whether the FTC’s authority to issue cease-and-desist orders against false and misleading advertising is constitutional.
Rule of Law
June 20, 2024

Opinion | The tragedy of the Supreme Court’s bump stock ruling

Washington Post
Don’t let technicalities, or a refusal to use common sense, become the enemy of public...
By: Nina Henry
Access to Justice
June 20, 2024

RELEASE: Supreme Court rejects artificial limit on liability for speech-based retaliation by government officers

WASHINGTON, DC – Following today’s Supreme Court decision in Gonzalez v. Trevino, a case in...
By: Brian R. Frazelle
Civil and Human Rights
June 20, 2024

RELEASE: Supreme Court decision keeps the door open to accountability for police officers who make false charges

WASHINGTON, DC – Following this morning’s decision at the Supreme Court in Chiaverini v. City...
By: Brian R. Frazelle
Corporate Accountability
June 20, 2024

RELEASE: In narrow ruling, Supreme Court rejects baseless effort to shield corporate-derived income from taxation

WASHINGTON, DC – Following this morning’s decision at the Supreme Court in Moore v. United...
By: Brian R. Frazelle
Rule of Law
June 19, 2024

The Supreme Court’s approach on ‘history and tradition’ is irking Amy Coney Barrett

Washington (CNN) — On a Supreme Court where the conservative supermajority increasingly leans on history as a...
By: Elizabeth B. Wydra, Devan Cole, John Fritze