Here’s John Boehner’s Lawsuit Against the Obama Administration

Weigel
Reporting on Politics and Policy.
July 10 2014 6:13 PM

Here’s John Boehner’s Lawsuit Against the Obama Administration

72298585
I'll see you in court

Photo by Olivier Douliery-Pool/Getty Images

In the days since John Boehner announced that he would sue the administration over Obamacare, skepticism has broken out like an impromptu drum circle. Was he doing this to tamp down the crazier talk of impeachment? Did he even have standing? What was he going to sue Obama for, anyway?

Well, the resolution beginning the lawsuit is up. Are you ready for it? Here we go:

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 elief, 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.
Advertisement

Over "any provision" of the ACA—the ones getting the most discussion, actually, were fairly popular. (This was why Republicans opposed them, for letting steam heat off the president.) The delay that riled the most people was the employer mandate tweak, which not only kicked the deadline ahead one year but raised the required number of employees for the mandate to go into effect, from 50 to 100. 

This is not quite the most riveting basis for a lawsuit, but it's the one we've got. Next Wednesday the House Rules Committee meets to talk it over; a journey begins to the D.C. Circuit, which can toss this over the lack of standing, or the Supreme Court, which can also toss it but at least be appealed to if Republicans lose Round 1.

David Weigel is a reporter for Bloomberg Politics

TODAY IN SLATE

Culturebox

The End of Pregnancy

And the inevitable rise of the artificial womb.

Doctor Tests Positive for Ebola in New York City

How a Company You’ve Never Heard of Took Control of the Entire Porn Industry

The Hot New Strategy for Desperate Democrats

Blame China for everything.

The Questions That Michael Brown’s Autopsies Can’t Answer

Foreigners

Kiev Used to Be an Easygoing Place

Now it’s descending into madness.

Technology

Don’t Just Sit There

How to be more productive during your commute.

There Has Never Been a Comic Book Character Like John Constantine

Which Came First, the Word Chicken or the Word Egg?

  News & Politics
The Slate Quiz
Oct. 24 2014 12:10 AM Play the Slate News Quiz With Jeopardy! superchampion Ken Jennings.
  Business
Moneybox
Oct. 23 2014 5:53 PM Amazon Investors Suddenly Bearish on Losing Money
  Life
Outward
Oct. 23 2014 5:08 PM Why Is an Obscure 1968 Documentary in the Opening Credits of Transparent?
  Double X
The XX Factor
Oct. 23 2014 11:33 AM Watch Little Princesses Curse for the Feminist Cause
  Slate Plus
Working
Oct. 23 2014 11:28 AM Slate’s Working Podcast: Episode 2 Transcript Read what David Plotz asked Dr. Meri Kolbrener about her workday.
  Arts
Brow Beat
Oct. 23 2014 6:55 PM A Goodfellas Actor Sued The Simpsons for Stealing His Likeness. Does He Have a Case?
  Technology
Technology
Oct. 23 2014 11:47 PM Don’t Just Sit There How to be more productive during your commute.
  Health & Science
Science
Oct. 23 2014 5:42 PM Seriously, Evolution: WTF? Why I love the most awkward, absurd, hacked-together species.
  Sports
Sports Nut
Oct. 20 2014 5:09 PM Keepaway, on Three. Ready—Break! On his record-breaking touchdown pass, Peyton Manning couldn’t even leave the celebration to chance.