Boehner Faces Uphill Battle in Legal Challenge to Obama - McDermott Will & Emery

Boehner Faces Uphill Battle in Legal Challenge to Obama

Overview


Stephen Ryan said “the first barrier” for House Speaker Boehner’s lawsuit over President Obama’s use of executive authority “is courts think it’s ‘yicky,’ a legal term for they don’t want to be between the crossfire of the president and his authorities and the Congress and their claim as to why those authorities are being misused.” Mr. Ryan added that a lawsuit over misuse of presidential authority has a better chance if Congress has prohibited something and the prohibition is clear on its face.