Washington (CNN) - The House of Representatives is expected to move one step closer to suing President Barack Obama on Wednesday when it approves a resolution authorizing House Speaker John Boehner to file a lawsuit.
Republicans argue the President's executive actions to change Obamacare and make other policy decisions on his own were unconstitutional because it's Congress' jobs to make or change laws. But Democrats quickly moved to turn the debate against Republicans, saying their real desire is to impeach the President.
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House Speaker John Boehner, who has repeatedly said he disagrees with those pushing impeachment, attempted to shut down that discussion on Tuesday. Insisting that Republicans have "no plans" and "no future plans" to impeach Obama, Boehner denounced the talk about impeachment as “a scam started by Democrats at the White House."
But Democrats seized on polls showing a majority of Americans oppose any effort to remove the President, and aren't letting go of the issue.
Standing next to a massive poster of a cranky toddler on the House floor, California Democratic Rep. Jackie Speier decried the GOP lawsuit as "a political stunt aimed at appeasing the fringe elements of their party who want to impeach the President."
Obama tweaked Republicans a bit on Wednesday in Kansas City, Missouri, noting the House was about to leave Washington for a month, but "the main vote that they have scheduled for today is whether or not they decide to sue me for doing my job."
The House Democrats' campaign arm has raised $7.6 million off of appeals to supporters that cited the GOP lawsuit and tied it to the threat of impeachment.
The chairman of the Democratic Congressional Campaign Committee, Rep. Steve Israel, defended the aggressive public push and pledged Democrats would continue it through the election in November.
"You bet we're going to run on a Congress that is just obsessed with lawsuits, suing the President, talking about impeaching him, instead of solutions for the middle class-talking about jobs and infrastructure," Israel told CNN.
Echoing Boehner's comments on Tuesday, Oregon Republican Greg Walden, the Chair of the House Republicans’ political operation, reiterated that "impeachment is not on table." And he issued a warning to fellow Republicans at a closed door meeting saying that any time the GOP raises the issue it only helps Democrats raise money and change the subject.
Republicans worked on Wednesday to steer the focus back to their argument that the President has repeatedly overreached and marginalized Congress.
Citing the Constitution, Maryland Rep. Andy Harris stressed the legislature was designed to be co-equal to the executive branch. “That is the system the founders gave us. That is why Congress is taking the President to court to stop his unlawful actions."
When Boehner announced last month that he would sue the President, he was following a course that many tea party members and conservatives were urging for months. Angered by a list of actions that President took without consulting Congress - changing or delaying various provisions of Obamacare, allowing so-called "Dreamers," or children of undocumented workers, to remain in the United States, and releasing five Taliban prisoners from Guantanamo Bay - they wanted to fight back.
Initially the Speaker indicated that the House would sue the President based on his move last summer to delay the Obamacare requirement that employers must provide health insurance for one year. While the House voted to do the same thing last July, Republicans argue they are protecting the legislative branch's authority to alter laws, and stem a trend used by the executive branch to re make policy without Congress' approval.
After consulting legal experts, the House resolution expected to be approved late Wednesday was tweaked to give Boehner more flexibility. It specifies that the lawsuit can cite the administration’s implementation of any provision of Obamacare.
The House's Office of General Counsel will represent the institution in the lawsuit and the resolution gives it the authority to hire outside lawyers to finalize the legal strategy and file a complaint with a federal court. It also requires quarterly reports to be filed disclosing how much money the House is spending on legal fees.
It's unclear how quickly the formal paperwork will be filed in court to begin the legal process. But already many constitutional experts have raised doubts that the courts will take up the case. The legal burden will be on the House to present how it was damaged as an institution by the President's actions.