Roll Call: Latest News on Capitol Hill, Congress, Politics and Elections
February 14, 2016

House Resolution Authorizes Suing Obama Over Affordable Care Act

Boehner says the House lawsuit will focus on Obama's changes to the Affordable Care Act. (Bill Clark/CQ Roll Call)

Boehner says the House lawsuit will focus on Obama’s changes to the Affordable Care Act. (Bill Clark/CQ Roll Call)

House Republicans plan to sue President Barack Obama for failing to enforce the Affordable Care Act, according to a resolution authorizing the lawsuit posted on the House Rules Committee website.

The president’s failure to enforce the employer mandate will be the focus of the lawsuit, Speaker John A. Boehner said in a statement.

“In 2013, the president changed the health care law without a vote of Congress, effectively creating his own law by literally waiving the employer mandate and the penalties for failing to comply with it,” the Ohio Republican said. “That’s not the way our system of government was designed to work. No president should have the power to make laws on his or her own.”

Ironically, Boehner will be suing Obama to enforce the law even though the House has voted to delay or repeal the employer mandate itself.

But Boehner said the lawsuit is about protecting the Constitution and the legislative branch.

“The Constitution states that the president must faithfully execute the laws, and spells out that only the Legislative Branch has the power to legislate. The current president believes he has the power to make his own laws — at times even boasting about it. He has said that if Congress won’t make the laws he wants, he’ll go ahead and make them himself, and in the case of the employer mandate in his health care law, that’s exactly what he did. If this president can get away with making his own laws, future presidents will have the ability to as well. The House has an obligation to stand up for the Legislative Branch, and the Constitution, and that is exactly what we will do.”

The argument will not be that the president doesn’t have executive authority but that he overreached.

The employer mandate has been delayed repeatedly by Obama without going to Congress. Obama himself has said he would have sought a change in the law in normal circumstances.

Also of note, Boehner’s move avoids the political minefield of immigration by not targeting the president’s unilateral decision to grant deportation relief to many young immigrants brought here illegally.


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Boehner’s Memo to Members on Obama Lawsuit (Complete Text)

Boehner Confirms He’ll Sue Obama Over Executive Actions (Video)

Boehner Planning House Lawsuit Against Obama Executive Actions

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  • Yonatan YONATAN

    We treat the poor and disadvantaged like an incurable disease Our so called “public servants”, now only “serve” themselves , or big corporations, and special interest groups with deep pockets. Since late last December, there have been three million unemployed families without an extension of unemployment benefits, .because Senator John Boehner, and his republican cronies, have refused to pass the bill in the senate. They were more interested in fighting to get the Koch Brother’s oil pipeline passed at all cost. Even if it meant at the cost of the poor and needy. Our country has recently approved billions of dollars for the Ukraine, and billions more on the defense of Europe. We’re asked to send our sons & daughters off to war, but not take care of their unemployed families back here at home. There are now three million unemployed families in financial ruin, many living on the streets, because of the party politics that are going on in Washington.

  • Layla

    Congress, doing my best to make sure you are sent home in November, BOTH SIDES.

  • Emma Tugwell

    Boehner is only hurting his party.

    • Osama0bama

      0bama is only hurting his party.

    • wanda jefferson

      and us by starting bs just to keep stuff going.

  • Bob Viering

    So, let me understand…House Republicans are suing the president because he delayed a law they wanted delayed or repealed? If this wasn’t such serious business it would be laughable. This whole thing is to get people fired up about the Affordable Care Act since it is working and is getting more accepted everyday.

    House Republicans don’t have time to deal with immigration and today’s emergency, has let the Highway Trust Fund become nearly depleted, wants to kill jobs through letting the Ex-Im Bank close yet has time to sue the president and hold countless politically motivated “scandal” investigations. I can only hope the American people wake up and see them for what they really are: anarchists.

    • Osama0bama

      Yes. Because the law is so poorly written, that enforcing 0bama to DO HIS CONSTITUTIONAL DUTY of enforcing the POS law AS WRITTEN will cause it to implode upon itself. Check. Mate.

      “House Republicans don’t have time to deal with immigration” Funny. It wasn’t the republicans that were shooting pool and drinking beer and visiting some rich attorney’s ‘awesome’ multimillion dollar home theater in Dallas instead of visiting the border mess HE and the Dims (with their constant talk of “we need amnesty for illegals” talk) created 240 miles to the south. In 2008, 0bama yapped about “how terrible Bush was” when he flew over the Katrina flood in 2005 instead of being on the ground and seeing it for himself. That makes YOUR messiah a hypocrite. Which is just ‘shocking!’

      • stevenharnack

        Only idiots don’t know that the border mess is caused by a law that Congress passed and Bush signed into law that gives anyone from Central America the option to claim political asylum and to roam free until they get a hearing on the matter. Get Bush down there to see the results, not Obama. If your lack of knowledge wasn’t so harmful it would be hysterical.

        • Osama0bama

          Last I checked, Bush hasn’t been President for over five years. Time for your p-Resident to take some responsibility for not defending our borders, simpleton.

        • wanda jefferson

          you speak the truth thanks I wish that bonehead red eye devil put more efforts into the starving unemployed here instead of starting some stupid sh– about lawsuit of the president and wasting more tax payers money

    • wanda jefferson

      totally agree lets see who listen come voting time.

  • leslie365

    Please help us and tell Rep. Bradley Byrne (of Alabama) to support expanding Medicaid Please call Phone: (251) 690-2811 Phone: (251) 972-8545 phone: (202) 225-4931 fax: (202) (let him have it)

    Please help us and tell Governor (of Alabama) Bentley to expand Medicaid. Here’s his contact number 334-242-7100 or fax 334-353-0004.

  • skip1

    Obama is so much smarter than anyone else, and he is level-headed, not prone to shoot first, and blame someone else later, and I think there is a huge element in Congress that does not like it when he makes them look like the fools that they are. Mostly Republicans. They have devoted their political careers to trying to discredit him, at any cost. America suffers for their vanity.

    • Progressive Republican

      Obama doesn’t make them look like fools. They’re doing that quite well on their own.

  • Progressive Republican

    The headline might as well have read, “House Resolution Authorizes Pointlessly Squandering More Taxpayer Money In Another Quixotic Quest. Again.

    Wotta bunch schmucks.

    • Osama0bama

      What “pointless squandering?” If you think the UNaffordable Care Act is so bad that it shouldn’t be enforced as written (which is the LAW), then why don’t you complain to Stretch Pelosi and king 0bama who wrote and passed the nonsense “so we can find out what is in it?”

      • stevenharnack

        Wow, you are so far behind. Even the TP whacks have passed on from that nonsense. But then the South always is a few years late.

        • Osama0bama

          You have no idea what you are talking about. That is plainly obvious.

      • wanda jefferson

        stretch polosi fynny

      • Progressive Republican

        Talk to your Rethuglicon “leadership” the whole thing was their idea.

  • Simiannation

    Ironically, Boehner will be suing Obama to enforce the law even though the House has voted to delay or repeal the employer mandate itself.

    It’s funny that when President Obama works with, and goes along with, the GOP, they still want to nab that dark skinned Muslim anti christian god fella. THEY HAVE NO HONOR!!!!

    • Osama0bama

      Because the POS legislation, the UNaffordable Care Act, will collapse upon itself if 0BowMao is forced to stop selectively enforcing what he doesn’t like of the POS law. So yeah .. this means that the republicans are smarter than your tinpan dictator and his minions that wrote the nonsense.

      • stevenharnack

        The President’s “job” is to sign bills into law after Congress proposes and passes them. This do nothing Congress hasn’t given him anything TO do, have they?

        • wanda jefferson

          when I read this I laughed so loud that my cats jumped in the air it was so sudden I had my laugh for today thank you

        • Osama0bama

          The p-Resident’s “job” is to “faithfully execute” the laws of the nation and to “protect and defend the Constitution.” Of which he is doing neither.

  • Simiannation


  • Layla

    Eliminate ALL WAIVERS NOW, and we’ll talk. It is not Constitutional for the Chamber to be given waivers (yes, the Chamber controls the Dems as well) and not the people.

    Not rocket science…

  • Samsara

    Didn’t House members get a waiver for themselves and their staff. Yes they did.

    Didn’t John Boehner lobby Obama to use execdutive action to correct an error in a GOP amendment to the law that put members and staff in a bind? Yes he did.

    “Democrats were the ones who enacted Obamacare and it is up to them to
    address the problem. Boehner said the White House should correct the
    problem though through an administrative solution, stating that no bill
    to do so could pass Congress.”

    Damned if you do…damned if you don’t.
    Read more:

  • Republicans_are_Evil

    Here we see the right winger bearing false witness. This is the lack of empathy that makes right wingers so unfit to lead this nation.

    • steve

      You must be a complete idiot!!! How does my statement on unemployment bear false witness?

      • Osama0bama

        Because “Evil” thinks that working for a living is abhorrent. Why “work” when king 0BowMao will keep slapping more benjamins on your EBT card every week?

    • steve

      Whenever in recent history the right wingers you refer to are in power, the country is feared by all other nations and our economy is a powerhouse. I guess it is hard for someone like you who is sucking all the milk and honey skimmings from the working man, you are left out in the cold with no freebies.

  • Roger

    Pro Business, anti regulatory, free market party sues President for not making life harder for employers. Will the democrats sue the next GOP president for not invading enough countries unilaterally? Not dumping enough toxic waste into the drinking water?

  • Bayou Mudbugg

    What a dumb piece of shittt Bonner is. 3 million plus families without any money and he is wasting time on this. Take a long look into his red eyes and you will see the devil himself.

    • steve

      Looking for a stupid POS? Look no further then my white house!

      • Republicans_are_Evil

        Thank you for sharing right wing hatred.

        • Osama0bama

          Apparently you didn’t read “Bayou’s” extremist leftwing hate just above Steve’s. Now, go back to your crayons.

      • stevenharnack

        I have no doubt at all that your house has one, and now we know that your house is white. Once in a while you do tell the truth, eh? Are you positive that you meant that as written? Oh, the perils of illiteracy!

    • wanda jefferson

      funny funny his red eyes i love it allthis time I though he was just a drunk ignorant nazi

  • Truth Happens

    Obama follow the United States Constitution!? Ha…

    • Republicans_are_Evil

      If Obama wasn’t following the Constitution, you right wingers would all be locked up in prison camps.

      • Truth Happens

        There ya go, again… interpreting the United States Constitution as you see it, instead of abiding by the law. Good grief, you people would have locked up ALL the founding fathers. King George would love you and your ilk.

        • Republicans_are_Evil

          Truth Happens said, “you people”

          • Truth Happens


  • Andre Leonard

    Sometimes it’s just hard to admit you failed. Seems to be the case here.

  • Samsara

    Boehner negotiated and got an Obamacare waver himself. What a joke.

  • Miss Terr

    In related news, Egypt has finally stepped up and filed a credible criminal complaint with the International Criminal Court against Hussein Obama: Obama is being charged with crimes against humanity for his providing of aid and comfort to the Islamist terrorist organization known as the Muslim Brotherhood.

  • 300gr3051fps

    The house actually has the legal constitutional authority to change law.

    The executive does not.

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