In an act of true frivolity, the Congress has elected to sue the President. Their reasoning seems tenuous at best. Here’s a litany of alleged reasons posited by Speaker John Boehner.
Plenty of folks are focusing on the fact that one “liberal” law professor thinks it will work (even though he has only has his frivolous lawsuits dismissed). But, I can break this down simply.
The delays of the employer mandate are well within the discretion of the Secretary of Health and Human Services ability to set the dates of implementation. Under INS v. Chadha, this is a legislative delegation to the executive that can’t after-the-fact be recaptured by Congress. The same goes for the executive order DREAM Act passage: Congress shouldn’t have granted the President that authority.
But, all in all, the case is a loser. And, if I we’re the President, I’d seek sanctions against Congress under FRCP Rule 11.
Follow me at @DavidTDorer, listen to the David Dorer Show and Talking Law.