On Friday, November 21, 2014, the House Speaker John Boehner said that he had sued the Obama and Obama Administration in federal court over the Affordable Care Act. This lawsuit was not unexpected, as Republicans had been calling the health care act unconstitutional for quite some time. In fact, the lawsuit was given the go ahead in July by the GOP heavy House of Representatives. The lawsuit was filed in the United State’s District Court for the region of District of Columbia.
The only surprise seemed to be how long the actual lawsuit took to be filed. Apparently Boehner was attorney shopping. He had two District of Washington law firms accept the job and then change their mind about representing the GOP. The attorney representing Boehner is Jonathan Turley. Turley is a George Washington University professor as well as a national television legal expert.
The announcement concerning the lawsuit was made after President Obama had announced his sweeping immigration moves. Reactions to the immigration law as well as to the Affordable Care Act are just two signs of tension between Congress and President Obama.
The lawsuits are actually filed against the secretary of Health and Human Resources and against the Treasury Department secretary. They are not really a suit against President Obama personally. Though he did take the suit personally, as Affordable Care Act is a large piece of his legacy and presidential agenda.
The lawsuit against President Obama and Affordable Care Act names two issues. They focus on the implementation of Affordable Care Act. They argued that it was not legal for the United State’s Treasury Department to move billions of taxpayer’s money to Affordable Care Act designated insurance companies without Congressional approval.
The other lawsuit complaint focuses on the Affordable Care Act decision for one year of delay in requiring business with over 50 employees to provide insurance or to pay the penalty for not providing workers with insurance. While house Republicans agreed to the delay, they felt the president’s unilateral action concerning the delay was a circumvention of Congress and its role on law passage.