Boehner Weighs Expanding Suit over Obama Executive Powers to Cover Immigration

Robert Costa and Ed O'Keefe, Washington Post, November 13, 2014

House Speaker John A. Boehner (R-Ohio) is considering expanding a proposed federal lawsuit over President Obama’s executive orders to include action on immigration. Filing a separate lawsuit over the president’s authority to protect millions of undocumented immigrants from deportation is another option that gained traction Thursday during talks among party leaders.

The idea to use the courts as an initial means of dissent, should the president move forward in the coming weeks to protect millions from deportation, moved to the front of the House GOP’s playbook after the leadership reviewed it. Boehner reportedly wants to respond forcefully and quickly should the president act and believes a lawsuit would do that, as well as signal to conservatives in his conference that he shares their frustrations about the president’s use of executive power.

Several Republicans who spoke on the condition of anonymity to be candid confirmed Boehner’s outlook and the thrust of the leadership’s discussions. {snip}

Boehner first announced plans to initiate a federal suit against Obama in late June, when he called the president’s executive orders an unconstitutional power grab by one branch of government.

But the suit has wallowed ever since as GOP lawmakers have struggled to find a D.C. area law firm willing to take up their legal fight. In recent weeks, many observers have speculated privately that Boehner was purposely stalling his legal fight to include whatever actions Obama opts to take to overhaul the nation’s immigration laws.


In a concession to the business community that Republicans would be hard-pressed to oppose, Obama is likely to expand visa programs for immigrants working for high-tech firms. Doing so would fulfill the wishes of Silicon Valley executives, the U.S. Chamber of Commerce and many GOP lawmakers who have advocated making it easier for high-tech firms to recruit skilled workers from overseas.

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  • Lawsuit schmawsuit. The courts will laugh it out of the courtroom.

    If I don’t hear the word “impeachment” or I don’t hear the concept of using the budget process and the power of the purse to play hardball with the black bastard in the formerly white House, then even the shoe size IQed moron will know it’s all talk and rhetoric and posturing.

    Meanwhile, in the real world, the Republican establishment is preparing to throw a big party in a soundproof room the day Obama does this.

    • dave

      Its all smoke and mirrors.

    • Remember, impeachment is off the table.

      I think your final paragraph is spot on. Obama is just providing them political cover.

    • benvad

      I absolutely believe that one. Big business wants all these mexicans?

      • Yes, especially big agribusiness.

  • DaveMed

    I recommend signing up to NumbersUSA’s email list. They offer free avenues and ideas to make our feelings heard.

    Do all of those faxes and phone calls matter? I have no idea. But I know that something > nothing.

  • me

    Forget a lawsuit. How about impeachment and jail time? They went after Nixon and Clinton for a heck of a lot less than this, for crying out loud! Obongola has abused the Executive Office more than Wilson–and I thought illiterate Wilson was plain evil, signing into law the accursed ‘Federal Reserve’ Usury pit of vipers….

    • evilsandmich

      it’s not even that hard, just don’t give him the money to do it.

  • MekongDelta69

    Anything to do with Boehner, I want to see it, NOT read about it.

    Actions talk; you know what, walks…

    • WR_the_realist

      Yes Boehner is no doubt testing the wind to see which position will put the most money into his campaign coffers. Sell out by increasing H-1b workers and giving illegals citizenship, and big corporations fill his war chest. Hold firm and do what the ordinary Americans want, and he gets a few $50 donations. It’s not hard to see how this will end.

      • evilsandmich

        Yeah cuz spending more money than your opponent worked out so well for the Democrats this past election.

  • WR_the_realist

    “In a concession to the business community that Republicans would be
    hard-pressed to oppose, Obama is likely to expand visa programs for
    immigrants working for high-tech firms.”

    Yup, there’s always a way to get Republicans to turn traitor. My own Republican senator, Kelly Ayote, voted for the horrible immigration bill precisely because it would help put more American programmers and engineers out of work by bringing in more H-1b workers.

    • evilsandmich

      Yeah I got a letter from my (reelected) Repug rep that said essentially “you make too money so we have to import more East Indians to fix that”. He coasted in a Republican wave year but his goose may (hopefully) be cooked if he goes along with this ridiculous scheme.

      • DelmarJackson

        That’s nothing. I received a letter from my Democrat representative, Alcee Hastings, that he wanted to make sure I knew how important it was to him to protect our “boarders.”

        • Extropico

          The irony when I read people on “our” side speaking of protecting the “boarders”….

          • DelmarJackson

            You missed my point. Rep Alcee Hastings , who has an F grade from Numbersusa,is not on our side. He is my Representative, who sent me a letter, after I had faxed numerous faxes to him via Numbersusa detailing how I was upset with his open border amnesty position. His reply to me, which had the usual platitudes and dismissive tone, included the jewel that he was all for protecting our “boarders.”

          • Extropico

            I understand that Hastings is not putatively on “our” side. I took it upon myself to mention that I have seen conservatives write of protecting the “boarders” which would mean exactly the opposite of what they supposedly intent to convey.

          • Max

            Many of them are indeed intent on protecting the boarders. The borders are an obstacle to the boarders.

          • John R

            Good one! You can only tell a joke like that on this website, though. Most of the general public doesn’t spell well enough to get it!

  • dd121

    He better get to it. O isn’t going to wait for no stinkin’ Republicans.

  • Vito Powers

    More Republican theatrics. Why not simply impeach Obama? Sure, the Senate won’t vote to convict, but let’s put a black mark on his “legacy”.

    • MBlanc46

      I agree that impeach is the proper method with which to address the emperor’s transgressions against the Constitution. I don’t agree that it should be undertaken without a significant chance of conviction by the Senate.

    • Germanicus

      Exactly. This is how one fights. The Republicans are such good calculators, business planners and prognosticators they always convince themselves that it is cheaper to die than to live. The conclusion then as what to do is obvious: save the buck! Well, unless it is your buck, then they are almost as irresponsible with a credit card as the Democrats.

  • Petronius

    Sauce for the goose, says I …

    If Nerobama can provoke a Constitutional crisis by making his own laws, thereby circumventing Congress and the Constitutional separation of powers, then why can’t Congress circumvent the President?

    Congress should sign and execute its own laws through the device of Congressional agencies. Simply bypass the President altogether. Strip him of his executive powers one-by-one.

    First reorganize DHS, ICE, Border Patrol, Immigration Judges, and the Executive Board of Immigration Review as Congressional agencies under the command of officials appointed directly by Congress with a mandate to execute the immigration laws faithfully and properly. Cut off pay to presidential appointees and remove them from office.

    Gotta fight fire with fire.

  • JohnEngelman

    This is an issue where I agree with the Republicans. Let’s see if they do more than they did on reversing Roe v. Wade.

  • Earl P. Holt III

    I’d be astonished: The Republican “Leadership” always vow to fight the NEXT battle, never the one in which they CURRENTLY find themselves…

    • IstvanIN

      Actually how to surrender at the next battle.

  • M&S

    Sue a man for money you have to give him to get back as civil penalties or injunction…
    Kinda like ‘Loan someone money so that they can print more and charge you interest for returning it.’
    Oh, wait…
    Sounds to me like a case of inverse democracy as going with the fewest possible votes to get a result which is distasteful but necessary to the many who seek to avoid a label.
    Either the Republicans don’t have what it takes to overturn this (if they do, this is certainly a reckless act of self sabotage) or they want a fall guy for when the right act must be done and nobody wants to stand up to consequences of blacks hootin’ n’ hollerin’ with an “Aaaaaah Shaddap!” declaration of common democratic majority will.
    Reckless or Feckless, Congress a Communist Collective Of Cowards, the same remains.
    Everyone, quick: “I hereby pledge…”
    “Whereever I go…”
    “I will introduce myself as…”
    “Hello, I’m a racist, glad to know’ya!”
    We are being bullied by 13+3% of this nation’s establishment _based on a word_.

  • Keep Honkin, I’m Reloading

    A little less talk and a lot more action.

  • AndrewInterrupted

    Defunding and closing agencies is the key.

  • libertarian1234

    “Boehner Weighs Expanding Suit over Obama Executive Powers to Cover Immigration,”

    Well, what is he waiting for? I could have researched and written a half dozen causes of action during the time this litigation was supposed to have been filed.

    Some of the lawyers on here might want to verify or deny this, but if they filed a cause of action regarding the legality of an amnesty executive order, couldn’t they then seek an injunction to have an amnesty EO order by Obama stayed until the case is heard thereby getting the delay they need to seat the new Congress and get better prepared to fight it?

  • newscomments70

    Suing him in some left wing kangaroo court with sissy lawyers will accomplish nothing. Obama and his band of criminals need to be removed form the whitehouse in shackles.