Congress is generally keen on finding ways to pass its duty and responsibility to others. Calling on the courts is a perennial favorite approach. And the president can just as well figure ways to duck around court orders, as he finds ways to duck around statutes.
I was listening to Levin last night, and he mentioned that he has had success in taking rogue agencies to court. As an example, he sued the EPA at the end of the Clinton regime, forcing them to refrain from destroying computerized records, in a situation analogous to the IRS scandal.
But I don't think Boehner is talking to Mark.
Bingo. Congress shirk its law making duties to the executive branch a long time ago. It was done so Congress could take credit for the good laws/regulation, and give blame for the bad laws/regulation.
Take for instance the EPA. The real scoundrels concerning this rogue outfit is Congress! A few paragraphs of carefully worded law could reign in this runaway bureaucracy. Done.
And yes I blame Bush for this. He had both Houses yet did not reign in these maverick agencies. He gave them more power by default or overtly. He even gave us more government.
Calling on the courts is the only current congressional remedy.
Given the snail like pace of the courts, there is no real remedy that is in accordance with law.
Of course is there is no law, the situation becomes simpler
.
However, if he were to do so, then impeachment would come into play -- with undeniable justification.