That’s right: By Boehner’s lights, Obama’s abuse of authority involves delaying a requirement — a delay, incidentally, intended to help businesses — of a law that Boehner’s House has voted more than 50 times to repeal. (Never mind that, as Ezra Klein of Vox has pointed out, President George W. Bush unilaterally waived Medicare Part D penalties for low-income and disabled seniors late to enroll — with nary a peep from Boehner.)
The suit is destined to fail and, in any event, would take longer to resolve than the one-year mandate delay. Federal courts wisely don’t want to referee fights between the other two branches. So Boehner’s suit faces the twin hurdles of standing (what is the concrete injury to the House?) and then whether the case presents a political question that courts are bound to duck.
Meanwhile, the Constitution that Boehner claims to be defending offers two actual solutions to his purported injury.
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