I thank the gentlelady. Mr. Speaker, Members of the House, as the former chairman of the House Judiciary Committee, I rise in strong opposition to House Resolution 676, which would authorize the Speaker to file suit against the President of the United States for failing to enforce the Affordable Care Act, which has been attacked more than 51 times unsuccessfully in the House. Now, why do I oppose this seriously flawed measure? One, the fact that it addresses a nonexistent problem. Two, it violates constitutional requirements and fundamental separation of power principles. And three, it diverts Congress from focusing on truly critical matters that require prompt legislative responses. Mr. Speaker, I would like to include in the Record a letter received only today signed by eight constitutional law scholars explaining the reasons why a lawsuit filed pursuant to H. Res. 676 is likely to fail. July 30, 2014. Hon. John Boehner, Speaker of the House, Washington, DC. Dear Speaker Boehner, We write as law professors who specialize in constitutional law and federal courts to express our view that the members of the House of Representatives lack the ability to sue the President of the United States in federal court for his alleged failure to enforce a federal statute, even if an Act of Congress were to authorize such a suit and especially without such legislative authorization. Never in American history has such a suit been allowed.…
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