the leader of the opposition party controlling the House may well be able to pass an “explicit House authorization for the lawsuit” Boehner anticipates filing. After all, how hard is it to get a bunch of congressional Republicans to agree that punting to the courts is easier than rolling up their sleeves and doing their jobs? (See, e.g., Obamacare.)
Boehner’s problem is not that Congress lacks a responsive arsenal. It is that he is afraid of the administration and press criticism attendant to using it. That’s a political problem, not a legal problem.
Boehner and Beltway Republicans are essentially saying, “We can’t use our power because Obama and his media friends would say mean things about us. But our lunatic conservative base is demanding action. So let us file a lawsuit so we can say we did something. Who knows . . . maybe in a year or two we’ll get lucky and get a favorable ruling against Obama that can’t be enforced without Obama’s help.”
Now
that’s leadership!