Boehner prepares resolution to sue Obama

House Speaker John Boehner on Thursday released a draft of a resolution he’ll introduce authorizing the House to sue President Obama over his 2013 decision to unilaterally delay implementation of the Affordable Care Act’s employer mandate.

“In 2013, the president changed the health care law without a vote of Congress, effectively creating his own law by literally waiving the employer mandate and the penalties for failing to comply with it,” Boehner, R-Ohio, said in a statement issued with the draft. “That’s not the way our system of government was designed to work. No president should have the power to make laws on his or her own.”

The resolution reads as follows:

Providing for authority to initiate litigation for actions by the President inconsistent with his duties under the Constitution of the United States.

Resolved, that the Speaker may initiate or intervene in one or more civil actions on behalf of the House of Representatives in a Federal court of competent jurisdiction to seek relief pursuant to sections 2201 and 2202 of title 28, United States Code, and to seek appropriate ancillary relief, including injunctive relief, regarding the failure of the President, the head of any department or agency, or any other officer or employee of the United States, to act in a manner consistent with that official’s duties under the Constitution and laws of the United States with respect to implementation of (including a failure to implement) any provision of the Patient Protection and Affordable Care Act and title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010, including any amendment made by such provision.

SEC. 2. The Speaker shall notify the House of Representatives of a decision to initiate or intervene in any civil action pursuant to this resolution.

SEC. 3. The Office of the General Counsel of the House of Representatives, at the direction of the Speaker shall represent the House in any civil action initiated, or in which the House intervenes, pursuant to this resolution and may employ the services of outside counsel and other experts for this purpose.

The House Rules Committee will consider the draft resolution next Wednesday, July 16.

Drew Hammill, spokesman for House Minority Leader Nancy Pelosi, D-San Francisco, issued a statement later Thursday:

“Instead of working to create jobs, instead of working to strengthen the middle class or addressing any of the urgent issues facing our nation, Republicans are wasting taxpayer dollars on another toxic partisan stunt.

“Time and again, House Republicans’ total abdication of responsibility has forced the President to act. They’ve wasted billions of taxpayer dollars forcing a downgrade of the U.S. economy and a shutdown of the federal government, and now, after wasting millions defending discrimination in the federal courts, the resolution unveiled tonight would authorize hiring more partisan lawyers for yet another legal boondoggle doomed to fail.

“This lawsuit is just another distraction from House Republicans desperate to distract the American people from their own spectacular obstruction and dysfunction. Congress should be creating jobs, raising new ladders of opportunity, and focusing on the challenges facing hard working American families.”

Josh Richman

Josh Richman covers state and national politics for the Bay Area News Group. A New York City native, he earned a bachelor’s degree in journalism from the University of Missouri and reported for the Express-Times of Easton, Pa. for five years before coming to the Oakland Tribune and ANG Newspapers in 1997. He is a frequent guest on KQED Channel 9’s “This Week in Northern California;” a proud father; an Eagle Scout; a somewhat skilled player of low-stakes poker; a rather good cook; a firm believer in the use of semicolons; and an unabashed political junkie who will never, EVER seek elected office.

  • Elwood
  • Elwood

    Black Americans: the true casualties of amnesty

    Democrats throw black Americans under the bus.


    At the car wash where I go the workers used to be named Willie, Lamont, Leon etc.

    Now they’re all named Juan, Carlos, Manuel etc.

    What does this tell us?

  • JohnW

    I must have missed the mass protests by African Americans worried about Latino immigrants (legal or not), destroying their aspirations to be car wash attendants. The National Review article is a hoot. It quotes Peter Kirsanow (African American attorney and member of the U.S. Commission on Civil Rights). Yes, he is indeed African American. He is also a member of the Federalist Society, who was appointed by G.W. Bush and who opposed the Supreme Court nominations of Sonia Sotomayor and Elena Kagan. Then, the article discusses Alabama Sen. Jeff Sessions compassion for low-skill African Americans displaced by illegal immigrants. Mr. Sessions is not exactly known for his enlightened attitude toward African Americans or any other non-white minority group.

  • Elwood

    Clever rhetoric John, but you don’t address either my point or the point of the article.

    Do you use a teleprompter?

  • JohnW

    Your point and National Review’s was that African Americans are losing low wage job opportunities to Hispanics who are here due to amnesty and the Democrats.

    As I recall, the only amnesty was under Reagan. To my knowledge, there is no hue and cry from the African American community to back up the point that you, NR, Peter Kirsanow or Jeff Sessions have argued.

    The fact that a “Juan” now fills a job that used to be filled by a “Leon” doesn’t mean that Leon got screwed.

    The majority of college, law school and medical school graduates are now women. Does that mean the men got shoved aside?

  • Elwood

    “The fact that a “Juan” now fills a job that used to be filled by a “Leon” doesn’t mean that Leon got screwed.”

    Yes, it does.

    So then what does it mean, John? Are you saying that all the low skilled Black workers who have been displaced by illegal aliens are now CEO’s and should feel grateful?

    Your men/women higher education analogy is completely irrelevant.

  • JohnW

    If what you and National Review say is true, then I would expect to hear it loud and clear from leaders and organizations that traditionally champion the cause of black Americans, not from National Review or an Alabama politician whose own home state U.S. Senator opposed his nomination to the bench due to his record of racially bigoted comments.

    As recently as 2013, the NAACP doesn’t seem to share your theory about the impact of immigration on black workers. See the link.


    I think my men/women in higher education and in the workforce analogy is very much on target. Did the flood of women in to the workforce, at all levels, displace male workers? And why is the analogy not apropos?

  • Elwood

    The NAACP is a tool of the dimmiecrat party which looks at illegal aliens as future dimmiecrat voters.