Liberal law professor, Obama voter, says Congress could – and should – win overreach lawsuit

Proof that U.S. House Speaker John Boehner’s plan to sue the president for misusing his executive power has merit: Even a left-leaning law professor agrees.

 “There’s no license for going it alone in our system,” George Washington University professor Jonathan Turley said on Wednesday’s “Hardball.” “I think there’s a case against the president for exceeding his authority. I happen to agree with the president on many of his priorities and policies, but as I testified in Congress, I think he has crossed the constitutional line,” the Daily Caller reported.

Turley listed three “very problematic” missteps by Obama: reappropriating without authorization $454 million in Affordable Care Act dollars for another purpose; urging some agencies not to enforce immigration and other laws; and essentially rewriting laws by interpreting them differently than they were intended.

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Turley, who has tried to sue the president before over the Libyan war and failing to notify Congress of the release of the five Taliban prisoners, expects Boehner’s lawsuit to be heard in Washington, D.C., circuit court.

“The first hurdle is going to be that standing issue [whether Congress has standing to sue], and it’s a high one,” he said Wednesday. “But it’s not necessarily insurmountable. The court has never truly closed the door on what’s called ‘legislative standing,’ particularly if it’s based on the institution – if the House of Representatives empowers the group that litigates this case.”

In other words, the court may allow one branch of government to sue another, if an overreach of power can be proven.

Watch the video clip here via The Daily Caller.

Richard Berkow GET AUTHOR RSS FEED

Former political news reporter Richard Berkow lost his idealism in the Kennedy years, and his innocence in Vietnam, Lebanon, and the Soviet Union. He hasn’t mellowed since, and can be harassed at [email protected]

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