The lawyer representing John Boehner in his lawsuit against President Obama, wrote a piece in The Daily Caller back in February. The lawyer, whose name is Elizabeth Price Foley, argued quite convincingly that suing a president was a losing battle.
Elizabeth Price Foley, a Florida International University law professor, will argue for the draft resolution allowing Boehner to sue President Obama for failing to enforce Obamacare’s employer mandate during a hearing on Wednesday. But as The New York Times’ Jonathan Weisman pointed out, Foley already argued convincingly for The Daily Caller that the lawsuit has no legal standing. In other words, you have to prove that the person you’re suing personally injured you — Congress can’t prove that.
As Foley wrote for The Daily Caller back in February:
When a president delays or exempts people from a law — so-called benevolent suspensions — who has standing to sue him? Generally, no one. … That’s why, when President Obama delayed various provisions of Obamacare — the employer mandate, the annual out-of-pocket caps, the prohibition on the sale of “substandard” policies — his actions cannot be challenged in court.
The Supreme Court has also restricted the ability of Congress to sue, she argued, “creating a presumption against allowing members of Congress to sue the president merely because he fails to faithfully execute its laws.”
