House Republicans and the Democratic president have been gridlocked for years over political platforms and ideology.
The Hill's Russell Breman posts that "Boehner says plan to sue Obama 'is not about impeachment'" and is about the president's inability not implement "executive actions that Republicans believe are beyond his legal authority as president."
The Republican from Ohio announced the plan in his weekly press conference.
Some of the biggest conflicts have stemmed around healthcare, same-sex marriage and rights, environmental issues, use of drones, and recently releasing prisoners in exchange for Bowe Bergdahl without Congressional approval.
The Democrats are not taking the comments against Obama lightly.
Rep. Steve Israel of New York predicts, “Voters will punish House Republicans for this latest example of putting partisan attacks ahead of middle-class progress just like they did when Republicans over-reached in the ’90s."
The concern is not unwarranted given the slowly stabilizing economy in a wide gap among socioeconomic classes.
We, the people, want to sue John Boehner, et al for failure to do their jobs and gov't shutdown. Any good lawyer tweeps out there?— Marilyn Bush (@marilynrbush) June 25, 2014
Breman reports the “House lawsuit would be brought by the general counsel’s office at the direction of the Bipartisan Legal Advisory Group. The Speaker last used the group to defend the Defense of Marriage Act in court after the Obama administration backed out of the case. “ Democrats criticized the Speaker for wasting taxpayer money for a frivolous lawsuit then as well.
Minority Leader Nancy Pelosi of California called the declaration "subterfuge" to help rile up the Republican base in the upcoming election.
Boehner disagreed, stating, "What we’ve seen clearly over the last five years is an effort to erode the power of the legislative branch."
However, President Obama has only issued 180 executive orders in the past six years while his predecessor President Bush executed 291 in eight years. Before President George W. Bush, President Clinton issued 364—over double Obama's amount.
Representing US House Republicans, Boehner still maintains executive orders have been done through “aggressive unilateralism" and "has significant implications for our system of government.”
And the Republicans will face an uphill battle trying to win the case.
While they can’t impeach the president, fellow in governance studies at Brookings Institution John Hudak notes “courts have deferred to the president administratively with broad latitude.” Boehner’s office could not find a successful case of presidential overreach being prosecuted.
And unlike the press conference’s broad references, those suing the president must cite specific actions. Additionally, “Obama’s executive orders have followed guidance in laws passed by Congress,” so it would be easier to dispute any of the plantiff's burden of proof.
John Boehner may sue Obama over excessive abuse of powers and sidestepping Congress; Should be the BEST episode of ‘Judge Judy' EVER!— Jeff Dunham (@jeffdunham) June 25, 2014
Should the case go to court, the actual lawsuit wouldn’t be ready for trial until after President Obama leaves office.