On last night's Crossfire, Stephanie Cutter, though it pained her, was forced to agree with me that the House of Representatives suing President Obama is a waste of taxpayer money and a political stunt.
The White House referred reporters to my post yesterday. Rep. Steve Israel, Chairman of the DCCC, sent out a statement also citing my post. When the Democrats start agreeing with me, it is time to re-evaluate my position.
I have done so. I am pleased to say my position has bi-partisan support. Last night, on Mark Levin's radio show, both Levin and Senator Ted Cruz agreed that the House of Representatives should use its Article One powers under the constitution.
To be fair to Speaker Boehner, no lawyer would formulate and pursue this case in court without justiciable claims. In fact, several lawyers familiar with the lawsuit reached out to me after my original post to explain the merits of the case. The Speaker has some. But that is to be expected. Again, no lawyer is going to file a lawsuit without some justiciable claims.
At the same time, the lawsuit is a political stunt. James Madison, writing Federalist 58, made clear that the House of Representatives has the power of the purse and it is the strongest weapon in the arsenal against both the Senate and the President.
Boeher and the Republicans are too scared of getting blamed for the political fall out of a government shut down to dare use that. So they've chosen to pass off their issues to the federal courts.
This is a general problem with the House Republicans. The right and constitutional thing would be to without the purse from the President. Instead, they've collaborated with the Democrats to give the President a blank check and will now run to court and demand the courts rein in the President.
We need Republicans in Washington who are willing to do the right thing, not the political thing. We need a Speaker less prone to political stunts at taxpayer expense.