An ‘Embarrassing Loser’
Prominent and distinguished constitutional law experts weighed in on Boehner’s ridiculous and partisan lawsuit. See how they described it:
Dear Chairman Sessions, Ranking Member Slaughter, and Members of the House Rules Committee:
…I am entirely persuaded, based on nearly a half-century of study and writing about our Constitution, that the proposed lawsuit would represent a wholly meritless attempt to invoke the jurisdiction of the federal judiciary at the behest of an institution that cannot plausibly allege, much less demonstrate, any distinctive injury to itself or its members and that therefore lacks standing under settled Article III principles to litigate this matter.
…The Speaker seeks authorization, as illustrated by his sample complaint about the administration’s reasoned and entirely reasonable delays in implementing the employer mandate, for litigation that simply does not belong in our federal courts.
Whatever might be motivating this misguided and potentially costly effort, I would urge the House not to facilitate it and thereby distort the carefully calibrated system of checks and balances that has stood our Republic in good stead for over two centuries.
I have 15 years of full-time Congressional litigating experience, including many, many experiences conducting cases in federal court. I have had more experience than anyone else, focused on what kinds of House roles in litigation do or do not get accepted by the courts as legitimate.
…there is no standing and it is a bad idea for a Speaker to file such an embarrassing loser.