Letter to the Honorable Pete Sessions, Chairman of the House Committee on Rules - Concerns Surrounding Potential Lawsuit Agains President Obama

Letter

Dear Mr. Chairman,

We understand that the Republican Leadership is considering a House vote to authorize another lawsuit against the President of the United States, this time over his executive actions on immigration. My Democratic colleagues and I believe this would be seriously misguided considering that the President clearly had the authority to take these executive actions. In addition, there is a broad consensus of legal opinion from across the political spectrum that a single House of Congress does not have standing to pursue such a lawsuit against another branch of Government to settle such political and policy disputes.

But if the Republican Leadership insists on authorizing another lawsuit, it is vital that the House in general and the Committee on Rules in particular follow the regular order. We must begin by holding a public hearing in our Committee, with outside expert witnesses, as we did last July when you decided to sue the President over his implementation of the Affordable Care Act. The Minority must also be given adequate notice of the hearing in order to have sufficient time to schedule expert witnesses. Hearing from experts -- scholars with experience studying and writing about the constitutional and immigration law issues at stake -- is essential if decisions made by the Members of the Committee and the full House are to have any meaning. If our votes are not well informed, we are not doing our jobs properly. We do indeed have witnesses interested in providing testimony but, of course, they need advanced notice in order to prepare for and arrange an appearance.

Following a hearing in our Committee we should then hold a separate meeting at a later date to mark up the resolution authorizing the lawsuit, as such a resolution would presumably be in our jurisdiction as it was last year. Only then should we mark up a rule providing for consideration of the resolution authorizing a suit.

I remain disappointed that the Majority is considering filing another such lawsuit at all and I am convinced that its primary purpose is political. But, regardless of our disagreement about the merits of a lawsuit, there is a right way to do important business in the House, and there is a wrong way.

I look forward to receiving your reply.

Sincerely,

Louise M. Slaughter

Ranking Member

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