The suit accuses the administration of acting without congressional authority in delaying the employer mandate provision of the Affordable Care Act. It also challenges the administration's giveaway of $175 billion to insurance companies under the law because the funds weren't explicitly appropriated by Congress.
The move comes just hours after the president announced that he was taking executive action to shield millions of undocumented immigrants from deportation, a step that Republicans also deem worthy of legal recourse because of his decision to bypass Congress. The GOP lawsuit does not, however, include immigration.
Republicans struggled to find representation for the case. Constitutional lawyer and separation of powers advocate Jonathan Turley signed on earlier this week after two major law firms dropped the case.
"Unilateral, unchecked Executive action is precisely the danger that the Framers sought to avoid in our constitutional system. 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," Turley said in a note about the issue on his blog.
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