They wrote that the lawsuit option is something that “gained traction Thursday during talks among party leaders.” It would pivot Republicans—who just won the midterm congressional elections in a big way, taking over the U.S. Senate and adding to their House majority—toward using “the courts as an initial means of dissent,” while many Republicans want Boehner and incoming Senate Majority Leader Mitch McConnell to use the constitutionally allocated power of the purse to stop Obama.
As Costa and O’Keefe note in their piece, Obama doesn’t take Boehner’s lawsuit seriously. “I’m not going to apologize for trying to do something while they’re doing nothing,” Obama told ABC News earlier this year after Boehner’s first lawsuit—which didn’t contain anything about immigration—was filed. “The suit is a stunt.”
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