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

Voting Rights and Democracy
U.S. Court of Appeals for the Fifth Circuit

Nairne v. Landry

In Nairne v. Landry, the United States Court of Appeals for the Fifth Circuit is considering whether the Voting Rights Act’s prohibition on vote dilution is a constitutional exercise of Congress’s Fifteenth Amendment enforcement power.
Voting Rights and Democracy
 

United States v. Paxton

In United States v. Paxton, the United States Court of Appeals for the Fifth Circuit is considering whether the Materiality Provision in the Civil Rights Act of 1964, which prohibits states from denying the right...
Voting Rights and Democracy
 

Mi Familia Vota v. Petersen

In Mi Familia Vota v. Petersen, the United States Court of Appeals for the Ninth Circuit is considering whether requiring voters to include their birthplace on voter registration forms violates the Materiality Provision of the...
Rule of Law
 

Iowa v. SEC

In Iowa v. SEC, the United States Court of Appeals for the Eighth Circuit is considering the legality of the Securities and Exchange Commission’s new climate-related disclosure requirements.
Rule of Law
 

Chamber of Commerce v. CFPB

In Chamber of Commerce v. CFPB, the United States Court of Appeals for the Fifth Circuit is considering the legality of the Consumer Financial Protection Bureau’s update to its Examination Manual clarifying that discrimination may...
Rule of Law
 

Lackey v. Stinnie

In Lackey v. Stinnie, the Supreme Court is considering when a civil rights plaintiff is entitled to attorney’s fees as the “prevailing party” in a case.