On August 26th, 2014, House Republicans announced that Attorney David Rivkin has been hired to oversee their lawsuit against President Barack Obama for what many allege is executive overreach. Speaker John Boehner consulted several times with Rivkin preceding his announcement to the press that a lawsuit was being brought against the current administration for acting unilaterally, and therefore inflicting institutional injury to the House of Representatives. Currently, Rivkin, who is a partner at Baker Hostetler in Washington, DC, will have the opportunity put the American court in the spotlight with regard to how receptive the justice system is to the theory he originally outlined with Elizabeth Price Foley, a law professor at Florida International University College of Law professor.
Candace Miller, who is the House Administration Committee Chairwoman has correctly stated that no president has the right to operate above and beyond the limits set forth in the US Constitution. However, in the opinion of almost all Republican Congressmen and many Democratic Congressman, this is exactly what the current administration has done on multiple occasions, as well as attempted to do on several other occasions.
The House of Representatives have simply used standard processes and Constitutionally-provided powers to ensure that our government's checks and balances systems are put to appropriate use: They have called upon the judicial branch of the United States government to thoroughly examine Obama’s failure to faithfully execute the law.
Payments for Rivkin's services are capped at $350,000 through January 2015, and according to House General Counsel Kerry Kircher, his hourly rate for legal assistance and advice is capped at $500.