The most recent ruling against Obama concerning the recess appointments of certain persons to the NLRB was brought byt a Pepsi Cola bottler. It was not brought by Congress.
Congress’ powers and purview are completely different from those of a bottler.
Congress is a law-making body, not a petitioner to a court. The issue of jurisdiction is not even clear unless it is decided that Congress has no business being before a court as a petitioner against the executive brach.
Unfortunately, Obama has this correct, this is indeed a stunt by Boehner. But it’s also very risky because if the court dismisses the case for lack of jurisdiction, then the GOP has egg on their faces going into the 2014 midterms.
Well, you can take Obama’s word for it if you want. As for me, if Obama’s lips are moving, he’s lying ... LOL ...