Whatever Happened to That House Lawsuit Against Obama?

It’s been four months since Speaker of the House John Boehner announced with great fanfare and resolve that the House would be filing a federal lawsuit against President Obama for…well, it’s never been clear what for, exactly. We’d have to wait until the complaint was filed to find out. And we’re still waiting.

House Speaker John Boehner came out swinging hard last June when he announced that his chamber would take President Barack Obama to court. The suit, charging that the president grossly exceeded his constitutional authority by failing to implement portions of the Obamacare law, was billed as an election-season rallying point for aggrieved Republicans. But days before the midterms the House’s legal guns seem to have fallen silent.

Lawyers close to the process said they originally expected the legal challenge to be filed in September but now they don’t expect any action before the elections.

Some attribute the delay to electoral politics — suggesting that Republicans were worried it could rile up the Democratic base — though the GOP is mum on why the suit has yet to be filed…

A spokesman for Boehner said the date for filing the litigation remains up in the air. “No decisions on timing at this point,” spokesman Kevin Smith said Friday. He declined to comment on speculation about the reasons for the delay.

Some Democrats suspect the filing has been delayed because Boehner’s announcement of the suit over the summer backfired to some extent, spurring fundraising by Democratic committees. Raising the issue again so close to the election could agitate those in the president’s base who view such a lawsuit as disrespectful and part of an effort to delegitimize Obama.

The truth is that this was a political stunt from the start and it will remain one even if they do eventually file such a suit, which will be quickly dismissed by the court. It was a way for Boehner to pander to the hard right base for a while without actually having to do anything of substance.

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  • petemoulton

    I think the whole lawsuit scam was a sop to the dumbass teabaggers (that’s redundant, I know) to get them to shut up about impeachment. Boner knows the suit has no merit, but that impeachment has even less. He also knows that the teabaggers are like rabid gerbils, who hate the President so viscerally that they’ll grasp at any reed, no matter how frail, in the mistaken hope that it’ll somehow damage him.

  • http://en.uncyclopedia.co/wiki/User:Modusoperandi Modusoperandi

    THE LAWSUIT HAS BEEN DELAYED ON ACCOUNT OF ALL THAT EBOLA!!! PLUS THEY NEEDED THE PERSONEL FOR ISSAS INVESTIGATION INTO BANGHAZI!!!

  • dugglebogey

    Kevin Smith should quit being a spokesman for Boehner and get back to work on making “Mall Rats 2.”

  • busterggi

    Priorities people, first they have to abolish the ACA, the EPA, the DOE, the DOJ and stop the funding for ACORN – it takes time.

  • eamick

    What Politico (conveniently?) neglects to mention is that the Congressional Research Service thinks the suit is bogus.

  • jnorris

    What is the status of the House’s select committee on Benghaz? Are the Teabola Party members on vacation or something?

  • https://www.facebook.com/joseph.sexton.7 Joseph Sexton

    My guess is the lawyers read Rule 11(b) of the Federal Rules of Civil Procedure.

    (b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper–whether by signing, filing, submitting, or later advocating it–an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

    (1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

    (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

    (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

    (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information./

  • lorn

    It wasn’t getting as much traction as it was hoped. So they shifted to ebola infected ISIS terrorists crossing the Mexican border to register poor people to vote and hand out free birth control … or something.

    No worries, as soon as the other stories start to lose traction the lawsuit against Obama will be raised from the dead, dusted off, and propped up well enough to make another turn around the block. Political ploys may stink and get buried, but they never die.

  • eamick

    What is the status of the House’s select committee on Benghaz? Are the Teabola Party members on vacation or something?

    Well, yes. Congress is out until the week after the election.