Speaking Boehner published this op-ed today on CNN, explaining why he is suing the President:
Good heavens, can anyone on the Speaker's staff craft a compelling argument?
What he should be saying:
I'm speaking directly to every American right now, from every political stripe, directly from the heart: regardless of whether you identify with the political left, right, or center, President Obama's brazen lawlessness should deeply concern you. Please let me briefly explain why.
When any President does not faithfully execute the laws of the land he or she sets an extremely dangerous precedent that strikes directly at the heart of our democracy.
The President's job is to faithfully execute the laws of the land. So when he instructs his staff to get "creative" in exploiting legal ambiguities to achieve his desired result, he is explicitly violating his sworn oath to uphold the laws of the land. Let me repeat: the person in-charge of faithfully enforcing the law, President Obama, has openly declared he's not going to do so when he doesn't like what the law says.
Now the President is frustrated because he did not get laws he wanted passed out of Congress this year. Presidents before him were frustrated because they did not get laws they wanted passed out of Congress. I'm frustrated that over 40 bills House Republicans passed to help the economy this year never received a fair hearing in the Democratically-controlled Senate. But frustration at the inability for me, this President, or prior Presidents to have our way legislatively does not permit any of us to circumvent the law, "creatively" or otherwise. And yet that's precisely what President Obama is doing.
And so we must take the unprecedented step of asking the judicial branch to intervene, a step I do not take lightly. But what exactly is the alternative? Can the other branches of government permit a brazenly lawless President to continue doing what he wants, unchecked, regardless of the law?
Which is why my House colleagues and I will humbly, yet confidently petition the US Supreme Court to help us avoid the incredibly dangerous precedent of allowing any President, or any political party, to "creatively" defy existing law in order to get their desired result. Because regardless of the political party which any individual justice may identify with, or the political party of the President who appointed that justice to their role, they both understand and appreciate the inherent necessity of having an executive branch faithfully executing the laws of our land.
To my fellow Americans, from my heart I'm telling you that this is not some political stunt, but a dead-serious effort to prevent a dangerous precedent that strikes right at the heart of our democracy. Regardless of your political stripe, you should be rooting for us to prevail. It's we who are on the side of angels here; it's we who are fighting for democracy.
And to President Obama, I say this: please stop "creatively" making new laws, and start faithfully executing those that Congress has already passed. It's not too late to avoid a Constitutional crisis.