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

Immigration and Citizenship
June 25, 2026

CAC Release: Supreme Court Misunderstands Immigration Law—and the Presumption of Extraterritoriality—in Decision about Asylum-Seekers at the Border

WASHINGTON, DC – Following the Supreme Court’s decision this morning in Noem v. Al Otro...
By: Smita Ghosh
Access to Justice
June 23, 2026

CAC Release: In Deeply Disappointing Decision, Supreme Court Ignores Ordinary Meaning of Statute and Denies Victims of Torture Their Day in Court

WASHINGTON, DC – Following today’s decision at the Supreme Court in Cisco Systems v. Doe,...
By: Harith Khawaja
Rule of Law
June 23, 2026

CAC Release: Supreme Court Decision on Excessive Fines Clause Reaches the Wrong Result, But Gets the Standard Right

WASHINGTON, DC – Following today’s decision at the Supreme Court in Pung v. Isabella County,...
By: Brianne J. Gorod
Access to Justice
June 23, 2026

CAC Release: Supreme Court’s Conservative Supermajority Undermines Important Right Created by Congress

WASHINGTON, DC – Following today’s decision at the Supreme Court in Landor v. Louisiana Department...
By: Brianne J. Gorod
Rule of Law
June 22, 2026

The Supreme Court Is About to Decide Four Cases Defining Trump’s Power

The Wall Street Journal
CAC President Elizabeth Wydra spoke to the Wall Street Journal about the major decisions left...
Rule of Law
June 21, 2026

Trump DOJ in CRISIS MODE

Legal AF
CAC Vice President Praveen Fernandes joined the Legal AF podcast to discuss Todd Blanche's nomination...