House Republicans, led by John Boehner (R-Ohio), have filed an expected lawsuit regarding the implementation of the Affordable Care Act.
The lawsuit focuses on two actions: the White House's acting without congressional authority in delaying the employer mandate provision, and the Administration's giveaway of $175 billion to insurance companies.
The Obama Administration delayed the employer mandate twice, postponing employers with 50 to 99 employees the requirement to offer health insurance.
The lawsuit argues that the $175 billion, to be paid to companies over 10 years, is an unlawful transfer of funds because Congress has not appropriated the money.
This announcement comes less than a day after President Obama's speech on immigration reform through executive action.
It has been reported that the Republicans have had a difficult time keeping legal representation for the lawsuit. After two law firms dropped the case, the GOP has hired constitutional lawyer Jonathon Turley.
"Unilateral, unchecked Executive action is precisely the danger that the Framers sought to avoid in our constitutional system," he said. "This case represents a long-overdue effort by Congress to resolve fundamental Separation of Powers issues. In that sense, it has more to do with constitutional law than health care law."
In a press conference today, Boehner explained his actions: "The President made 28 unilateral changes to the Affordable Care Act. He has created an environment where the members would not trust him. Trying to find a way to work together was virtually impossible."
House Minority Leader Nancy Pelosi (D-California) countered in a statement: "The fact is, this lawsuit is a bald-faced attempt to achieve what Republicans have been unable to achieve through the political process. The legislative branch cannot sue simply because they disagree with the way a law passed by a different Congress has been implemented. It is clear, as one leading legal scholar put it, that this lawsuit is 'an embarrassing loser.'"