House Republicans might have a point about Obamacare's employer mandate — they just can't do much about it by suing the president.
The House is planning to sue President Obama (and, more to the point, the IRS) over delays in the health care law's employer mandate. It took the first official step in that direction Wednesday, with a hearing in the House Rules Committee over a resolution to authorize the lawsuit.
As a whole, the legal world is pretty skeptical of House Republicans' plan, largely because legal experts from both sides of the aisle doubt the House can clear a key procedural hurdle.
But what if it can? Legal experts are much more divided over the strength of the underlying case against the administration's delays. Even some allies of the Affordable Care Act say Republicans have a solid argument that the delays were illegal, while others fear the case could strip future presidents of basic powers.
"I think it would make government unworkable," said Simon Lazarus, senior counsel at the liberal Constitutional Accountability Center.
Lazarus said delays in the employer mandate are no different from any other administrative delay in implementing new laws, which are myriad. The Supreme Court has previously ruled that federal agencies can use their own discretion about how they allocate their finite resources, and agencies are also generally able to phase in new requirements as a way of making life easier for regulated industries and taxpayers.