General Discussion
In reply to the discussion: Boehner May Not Have the Ability to Sue Obama After All [View all]amandabeech
(9,893 posts)Thinks Congress Could Win Its New Lawsuit Against Obama
://dailycaller.com/2014/06/25/liberal-law-professor-jonathan-turley-thinks-congress-could-win-their-new-lawsuit-against-obama/
In an interview with Steve Kornacki of NBC, Turley said, So the first hurdle is going to be that standing issue, and its a high one. But its not necessarily insurmountable, Turley explained. The court has never truly closed the door on whats called legislative standing, particularly if its based on the institution if the House of Representatives empowers the group that litigates this case.
Put simply, Turley believes that a court may actually allow a challenge to a U.S. president as part of a legitimate showdown between the executive and legislative branches of the United States government.
There is some sort of bi-partisan litigation committee that could be charged with handling the case by a House resolution. I've seen a couple of commentators who have written that Boehner himself couldn't sue, but essentially the House of Representatives might be able to obtain standing in a separation of powers case against the Executive. With the conservatives on the Supreme Court, and I think that they will stay there through the Obama administration, I don't think that the President can be sure that this putative case will not be heard. I've also read that the changes made by the President as to the deadlines in the ACA and to the distribution of subsidies to non-state-run exchanges will be prominent features of the Republican complaint.
I'm not advocating for Boehner here, just suggesting that there may be a way for the case to be heard.