John Boehner is pressing ahead with his plan to sue President Obama—and he says he has now chosen a line of attack. The House speaker says the suit will focus on the president's decision to delay imposing penalties on firms that don't offer health insurance to employees, a change Boehner says should have been left to Congress, the New York Times reports. Obama "believes he has the power to make his own laws—at times even boasting about it," Boehner said in a statement yesterday. "He has said that if Congress won't make the laws he wants, he'll go ahead and make them himself, and in the case of the employer mandate in his health care law, that's exactly what he did." The House "has an obligation to stand up for the legislative branch, and the Constitution, and that is exactly what we will do," he said.
But legal experts believe Boehner has little chance of success, and the proposed lawsuit doesn't seem to be causing many sleepless nights at the White House. Press secretary Josh Earnest slammed it as a "political stunt" yesterday, while Obama mocked the proposed lawsuit during a speech in Texas. "You're going to sue me for doing my job? OK. I mean, think about that. You're going to use taxpayer money to sue me for doing my job—while you don't do your job," he said as per the Hill, which notes that Obama addressed the constitutionality of the ObamaCare penalty delay in a New York Times interview last year. Some lawmakers "think I usurp my authority by having the gall to win the presidency," he said. "But ultimately, I'm not concerned about their opinions," added the president, who taught constitutional law at the University of Chicago Law School from 1992 to 2004. "Very few of them, by the way, are lawyers, much less constitutional lawyers."