House Republicans might have a hard time getting the courts to hear their lawsuit against President Obama.
Even if Republicans are correct on the merits, and delays in Obamacare implementation were indeed illegal — which is an enormous "if" — there's a decent chance they'll still lose. Legal experts, including some conservatives, are skeptical that the House has the right to bring this lawsuit in the first place.
And if the courts agree, the suit will never make it far enough to addressing the underlying questions about Obamacare delays.
When members of Congress have sued the president in the past, courts have dismissed those cases for a lack of standing — meaning, the lawmakers didn't meet the conditions a plaintiff has to meet to file a lawsuit. And it's not clear that the latest case will fare any better.
"I'm skeptical of standing"¦ I wouldn't dismiss it — just, from what I've looked at so far, I don't see it yet," said Jonathan Adler, a law professor at Case Western Reserve University and a critic of the Affordable Care Act.
To establish standing, a plaintiff has to show an injury caused by the defendant. That's been a problem for members of Congress in the past. Courts have said their political disagreements aren't an injury for the legal system to address. On top of that, Congress has its own powers to employ when it thinks the executive branch isn't doing what it's supposed to.