By a vote of 225 to 201 almost entirely along party lines, the House of Representatives voted Wednesday to proceed with a lawsuit against Obama for “overstepp[ing] his constitutional authority” as president and failing to undertake his duties under Article II, Section 3 of the Constitution to “take care that the laws be faithfully executed.” Every Democrat present voted against the lawsuit, as did five Republicans. The lawsuit, which is likely to be thrown out of federal court on procedural grounds, focuses particularly on Obama’s decision to delay the employer mandate in the Affordable Care Act.

The lawsuit comes as many conservatives have urged House Republicans to begin impeachment proceedings against Obama. Indeed, all five Republicans who voted against the lawsuit, including Paul Broun of Georgia and Steve Stockman of Texas, did so because they believe impeachment is more appropriate. While these calls have been limited mainly to marginal figures on the right such as former reality television star Sarah Palin, House Majority Whip Steve Scalise refused to rule it out in a television appearance Sunday.

House Speaker John Boehner and many other leading members of the GOP, however, have opposed the possibility of impeachment, calling it a political misstep. The lawsuit is viewed as an alternative that would appease the GOP’s base without alienating more moderate voters. In 1998, the failed Republican attempt to remove President Clinton from office redounded to the political benefit of Democrats. Impeachment proceedings likely would have the same effect this time, especially with the success that Democratic campaigns have had fundraising off of the specter of impeachment in recent weeks. And with 67 votes required in the Democratic-controlled Senate to convict Obama and remove him from office, successful impeachment proceedings may be impossible. (Even if Obama were somehow removed from office, conservatives probably wouldn’t be thrilled at the prospect of a President Biden).

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