Does Congress Have a Chance to Sue Obama Over Immigration Order?

House Speaker John Boehner wants House lawyers to sue President Barack Obama for his Executive Order protecting millions of illegal immigrants. Should he?

House Speaker John Boehner of Ohio, followed by Rep. Bill Johnson, R-Ohio, emerges from a closed-door strategy session with House Republicans, on Capitol Hill in Washington, Tuesday, Jan. 27, 2015. AP Photo/J. Scott Applewhite

While millions of illegal immigrants look forward to coming out of the shadows, Republican House Speaker John Boehner is planning legal action to stop them, according to a House GOP leadership aide referred to in a CNN report.

Boehner wants a resolution on the floor that would authorize House lawyers to sue President Barack Obama for issuing an Executive Order protecting millions of illegal immigrants from deportation.

But is that even an option?

“Those cases usually get thrown out,” said Hans A. von Spakovsky, senior legal fellow at the conservative Heritage Foundation and an expert on the rule of law and immigration.

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