So what’s with John Boehner’s newfound love of litigation? The speaker announced yesterday that he will ask the House to initiate a lawsuit against the president over his refusal to enforce the laws Congress has passed. That’s something the Wall Street Journal and George Will have both suggested, and it’s not a crazy idea.
First, the House likely has standing to bring an action. In 1990 a federal court held that a group of congressmen could not bring an action over George H.W. Bush’s failure to comply with the 1974 War Powers Resolution, but left open whether the House as a whole had standing. More recently, the House litigated the Defense of Marriage Act after the Obama administration declined to defend — and it would almost certainly have standing to litigate the president’s right to disregard litigation.