That has not been decided in this case. It will be done with a vote of the House. Once they vote on it, it will be the House suing not Boehner. There a good chance that they do have standing.
The flaw in the lawsuit may be in the language of the bill which may be open ended as far as the authority to add administrative regulations to the law.
There have been a thread or two here about how, once Boehmer and the House file suit they can add parties that really do have standing.
Average Americans who have been f*cked by this President. Put a human face on the targets of the fascism, using the same tactics perfected by the Libs with people like Rosa Parks.
Then make the fight between the President and them.
It’s actually a damn good strategy, if that’s really the route they’re going.