Here is the reason why Speaker John Boehner’s lawsuit is likely to go nowhere. A federal judge in Wisconsin threw out an Obamacare lawsuit by Sen. Ron Johnson (R-WI) because the senator lacked standing.
The judge wrote:
First, there is nothing in the Constitution stipulating that all wrongs must have remedies, much less that the remedy must lie in federal court. In fact, given the Constitution’s parsimonious grant of judicial authority, just the opposite is true. As the Supreme Court has observed, “[o]ur system of government leaves many crucial decisions to the political processes. The assumption that if respondents have no standing to sue, no one would have standing, is not a reason to find standing.”
In sum, the fact that the allegations advanced in this action might be difficult or even impossible to pursue in federal court for any other plaintiffs does not mean that these Plaintiffs have suffered the kind of injury that could give rise to standing.
Sen. Johnson was challenging an Obama administration rule that allowed congressional staffers to get subsidies while signing up for Obamacare. The judge in the case, William Griesbach, a 2002 Bush appointee warned Johnson that standing can’t be based on his own subjective views.
The judge’s refusal to hear the merits of the case is a case sign for Boehner and his lawsuit against the president. Like Boehner, Sen. Johnson tried to sue over the president “changing the law,” and his suit was thrown out of court. It is likely that Boehner will face the same fate once he files his suit.
The hurdle remains the same. Speaker Boehner needs to be able to prove that the House has been injured by the president’s actions. Since a partisan dispute is not the same as a legal injury, Boehner’s lawsuit looks like it is doomed to fail.