Democratic Congressional Campaign Committee chairman Steve Israel in response to Republican's resolution to sue President Obama: 'They're spending millions more to sue the president over ACA. Is there any question why a Congress that continues to force middle class families to foot the bill for their political stunts is the least popular in history' - via @NBCNews
House Speaker John Boehner, R-Ohio, sends memo to House GOP saying he will introduce legislation in July to direct the Bipartisan Legal Advisory Group to file a lawsuit against White House - @frankthorpNBC
Get faster updates
Download the free Breaking News app for faster updates, alerts and live video.
United States House of Representatives v. Burwell, et al. (also known as the House Republicans' lawsuit against President Obama) is a lawsuit in which the United States House of Representatives is suing departments and officials within the executive branch, asserting that President Barack Obama has acted illegally in his implementation of the Patient Protection and Affordable Care Act. The litigation was authorized in a simple resolution on July 30, 2014, by a party-line vote of 225 to 201. All 225 votes in favor of filing a lawsuit were Republicans, and 5 Republicans joined 196 Democrats to vote against such a lawsuit. The vote authorized the initiation of "litigation for actions by the President or other executive branch officials inconsistent with their duties under the Constitution of the United States". The lawsuit was touted by House Speaker John Boehner, and asserts that President Obama exceeded his constitutional authority in delaying the implementation of the employer mandate of the Affordable Care Act and also "addresses Republican opposition to an estimated $175 billion in payments to insurance companies over the next 10 years as part of a cost-sharing program under the healthcare law."
Republicans filed the suit on November 21, 2014 in the United States District Court for the District of Columbia, one day after President Obama issued executive orders on immigration reform. Republicans discussed expanding the scope of the lawsuit to include the executive orders that Obama issued on immigration, but the scope of the lawsuit was not expanded (the immigration issue ultimately became a separate case, United States v. Texas).
The named defendants are Secretary of Health and Human Services Sylvia Burwell and Secretary of Treasury Jacob Lew, as well as the departments that they oversee.
Prior to the filing of the lawsuit, legal experts said that the lawsuit would likely fail for any of several different reasons, including lack of standing, presidential leeway to enforce laws, no easy legal remedy, and "impeachment" being a more applicable action.