John Boehner Explains Why He's Suing Obama Over The Immigration Executive Action

John Boehner Explains Why He's Suing Obama Again
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House Speaker John Boehner (R-Ohio) confirmed on Wednesday that he's planning to sue President Barack Obama -- again.

In an interview with Fox News' Bret Baier, Boehner said he was finalizing the details of a House legal challenge to Obama's decision to bypass Congress and use executive action to provide deportation relief for millions of undocumented immigrants.

"The president's overreach when he took executive action to deal with the immigration problem in our country, frankly, is a violation of our Constitution. It's a violation of his oath of office," Boehner said. "We believe that filing of a lawsuit to try and stop the president from violating the Constitution is an important step for our institution."

Boehner's comments confirmed what he reportedly told House Republicans behind closed doors earlier this week. A source told The Huffington Post then that the plan focused on a resolution to allow the House to either file its own lawsuit, join a suit filed by 26 other states or take other legal action.

On Wednesday, Boehner also responded to criticism from the spokesman for House Minority Leader Nancy Pelosi (D-Calif.) that the lawsuit was "an embarrassing admission of failure" for Republicans.

"It's about the Constitution. It's about the rule of law. We're a coequal branch of our government, and the president doesn't have the ability to just change law all by himself," the speaker said.

In November, House Republicans filed a lawsuit against the Obama administration for delaying the employer mandate under the Affordable Care Act, but only after two different law firms declined to represent them.

Asked about the possibility of a lawsuit on Wednesday, Principal Deputy White House Press Secretary Eric Schultz said the president has the authority to take executive action on immigration.

"I would just say that House Republicans seem to be relying more and more on the courts these days to challenge the president’s authority. We believe that we acted within the full bounds of the authority ... and we’ll be defending that," Schultz said.

Even some conservative legal scholars have said that the president's executive action on immigration was within his constitutional authority.

The possibility of a challenging legal case didn't seem to deter Boehner, who didn't waver from his main argument on Wednesday.

"This isn't about immigration. This is about the president violating the Constitution, violating his oath of office and frankly not upholding the rule of law," he told Baier.

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Before You Go

John Boehner Cries
Twin Tears(01 of15)
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Golf legend Jack Nicklaus, left, and Speaker of the House John Boehner (R-Ohio) wipe away tears after listening to the remarks of Nicklaus' son Jack Nicklaus II during the elder Nicklaus' Congressional Gold Medal ceremony in the U.S. Capitol Rotunda on March 24, 2015. Nicklaus was lauded by family, friends and politicians for his many sports achievements and his philanthropy. (credit:Chip Somodevilla via Getty Images)
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Speaker of the House John Boehner (R-Ohio) tears up during the ceremony to sign the Clay Hunt Suicide Prevention for American Veterans Act in the Capitol on Feb. 10, 2015. (credit:Bill Clark via Getty Images)
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This video image provided by House Television shows Rep. Gabrielle Giffords (D-Ariz.) and House Speaker John Boehner of Ohio, on the floor of the House on Capitol Hill in Washington, Wednesday, Jan. 25, 2012. (credit:AP)
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Rep. Gabrielle Giffords (D-Ariz.) and House Speaker John Boehner of Ohio, on the floor of the House on Capitol Hill in Washington, Wednesday, Jan. 25, 2012.
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Speaker of the House John Boehner (R-Ohion) seems to fight back tears while listening to Australian Prime Minister Julia Gillard address a joint meeting of the U.S. Congress from the floor of the House of Representatives at the U.S. Capitol March 9, 2011 in Washington, DC. Gillard emphasized the long and strong bond between her country and the U.S. (credit:Getty)
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Speaker of the House John Boehner (R-Ohio) seems to fight back tears while listening to Australian Prime Minister Julia Gillard address a joint meeting of the U.S. Congress from the floor of the House of Representatives at the U.S. Capitol March 9, 2011 in Washington, DC. Gillard emphasized the long and strong bond between her country and the United States. (credit:Getty)
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Speaker of the House John Boehner (R-Ohio) seems to fight back tears while listening to Australian Prime Minister Julia Gillard address a joint meeting of the U.S. Congress from the floor of the House of Representatives at the U.S. Capitol March 9, 2011 in Washington, DC. Gillard emphasized the long and strong bond between her country and the United States. (credit:Getty)
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Fighting back tears as he recounted his rise from humble beginnings to the presumed Speaker of the House, House Minority Leader Rep. John Boehner (R-Ohio) addresses the Republican National Congressional Committee's midterm election results watch party at the Grand Hyatt hotel November 2, 2010 in Washington, DC. Major news organizations have said that the Republicans will win enough seats to take control of the House of Representatives. (credit:Getty)
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Fighting back tears as he recounted his rise from humble beginnings to the presumed Speaker of the House, House Minority Leader Rep. John Boehner (R-Ohio) addresses the Republican National Congressional Committee's midterm election results watch party at the Grand Hyatt hotel November 2, 2010 in Washington, DC. Major news organizations have said that the Republicans will win enough seats to take control of the House of Representatives. (credit:Getty)
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House Republican leader John Boehner, R-OH, fights back tears as he addresses the National Republican Congressional Committee Election Night Results Watch event in Washington, DC, on November 2, 2010. An emotional John Boehner, the presumed speaker-elect of the US House of Representatives, told fellow Republicans at the victory party that Americans have sent President Obama message to 'change course'. (credit:Getty)
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Fighting back tears as he recounted his rise from humble beginnings to the presumed Speaker of the House, House Minority Leader Rep. John Boehner (R-Ohio) addresses the Republican National Congressional Committee's midterm election results watch party at the Grand Hyatt hotel November 2, 2010 in Washington, DC. Major news organizations have said that the Republicans will win enough seats to take control of the House of Representatives. (credit:Getty)
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Astronaut Neil Armstrong (L) recievces the Congressional Gold Medal from Speaker of the House John Boehner (R-Ohio) during a ceremony in the Rotunda of the U.S. Capitol November 16, 2011 in Washington, DC. The gold medals were presented to Armstrong and his fellow crew members from Apollo 11, Michael Collins and Buzz Aldrin, and to astronaut and former U.S. Senator John Glenn (D-Ohio), the first American to orbit the Earth. (credit:Getty)
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Astronaut Neil Armstrong receives the Congressional Gold Medal from Speaker of the House John Boehner (R-Ohio) during a ceremony in the Rotunda of the U.S. Capitol November 16, 2011 in Washington, DC. The gold medals were presented to Armstrong and his fellow crew members from Apollo 11, Michael Collins and Buzz Aldrin, and to astronaut and former U.S. Senator John Glenn (D-Ohio), the first American to orbit the Earth. (credit:Getty)
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House Speaker John Boehner chokes up in an interview on CBS. (credit:YouTube)
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Speaker of the House John Boehner (R-Ohio) wipes his eyes as outgoing Speaker of the House Nancy Pelosi (D-Calif.) prepares to hand over over the speaker's gavel following his election in the House chamber January 5, 2011 in Washington, DC. (credit:Getty)