In certain circumstances Congress ought to be able to assert its standing, and I just think the pervasiveness of his ignoring of Congress has reached a point, we don’t have a choice.”
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South Carolina Republican Rep. Trey Gowdy said Sunday that the Obama administration’s deliberate flouting of congressional law “has reached an unprecedented level,” claiming the time is now ripe for Congress to take the White House to court over executive overreach.
Gowdy spoke with Fox News’ Shannon Bream about a House resolution authorizing a congressional lawsuit against the executive branch. Although individual lawmakers do not have standing to challenge the president, the provision would allow the institution of Congress itself to sue the Obama administration for ignoring laws passed by the legislative body.
“The case law that says members don’t have standing also allows for the institution itself — under a theory of vote nullification, that if the executive is just nullifying the votes of a co-equal branch of government — that we may have standing,” Gowdy said. “So an individual member — the case you referenced was Dennis Kucinich challenging the actions in Libya — he does not have standing.