"If this president can get away with making his own laws, future presidents will have the ability to as well. The House has an obligation to stand up for the Constitution, and that is exactly why we are pursuing this course of action," Boehner said in a statement.
The suit is filed in the U.S. District Court for the District of Columbia, the federal courthouse where most battles between the executive and legislative branches gets resolved. It will be led by Jonathan Turley, the law professor at the George Washington University Law School, who is the third legal adviser to handle the case.
Two other law firms had been hired to take the case but then later dropped the case, with Republicans saying they had received political pressure from partners to bow out and Democrats charging the case has no constitutional merits.
The House passed a resolution in July that paved the way for this legal challenge. The suit focuses specifically on the administration’s decision to delay the health-care law's employer mandate and cost-sharing payments made to insurance companies. Regarding the cost-sharing payments, the house GOP accuses the administration of "unlawfully and unconstitutionally" using a Treasury Department account to transfer funds to insurance companies.
The lawsuit was filed specifically against the secretaries of the Treasury and the department of Health and Human Services.
The focus of the case has some legal irony. Republicans are focusing on Obama's move to delaying portions of the law that mandated individuals must purchase health insurance or else face certain tax penalties. As the rollout of the law became increasingly chaotic in 2013, Obama issued an order to delay portions of the mandate.
Republicans contend that he could not manipulate that portion of the law without congressional input. However, the individual mandate, as it is known, is the cornerstone of the Affordable Care Act and Republicans had tried previously to get legal rulings that it was unconstitutional, losing a 2012 case before the Supreme Court on the matter.
Now, in their challenge on executive actions, the House GOP are confronting Obama for altering that portion of the law.
In recent weeks, some Republicans have pushed for including the immigration order in the lawsuit against the president, but that is not the case for now.