speaker boehner to file his lawsuit now may be that time. the only issue i point out they could prove suffered injury and biggest issue we will talk about is standing and whether or not the house of representatives has standing to sue the president in this situation. >> you pointed out 1997, the supreme court basically said congress can't sue. it is a little bit too far-fetched to get the standing you need go in and even if you have a good case. does things change in this case? >> i think that raines v. bird will be used as president and in any case that john boehner -- initiates against president obama if he cannot find a private plaintiff. that's because in that case, congress exclusively said that six congressmen that challenge the president's line-item veto power, that -- the congressional power that the loss of congressional power, that injury was wildly abstract and very --