Constitutional law

Law prof becomes third lawyer to take on House suit against Obama

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House Speaker John Boehner has apparently found a lawyer willing to sue President Obama.

George Washington University law professor Jonathan Turley will take on the House lawsuit challenging the president’s use of executive action to implement the Affordable Care Act. Among the publications with stories are the National Law Journal (sub. req.) and the Wall Street Journal Law Blog.

Two law firms in succession agreed to represent the House, then withdrew. The first was BakerHostetler, and the second was Quinn Emanuel Urquhart & Sullivan.

Writing at his blog, Turley said he is taking on the yet-to-be-filed suit even though he supports national health care and voted for Obama in his first presidential run. The suit is necessary, Turley believes, to check the rise of executive power that usurps legislative powers.

“This case represents a long-overdue effort by Congress to resolve fundamental separation of powers issues,” he writes. “In that sense, it has more to do with constitutional law than health-care law.”

According to prior coverage, the suit will challenge Obama’s delayed implementation of the employer mandate to provide health insurance for employees.

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