What happens if Boner loses his lawsuit? Then what? What is the supreme court rules against Boner and sets a precedent in favor of 0bama? Boner plays checkers while the other guy plays chess.
It’s a slippery slope of precedent. Say we have a conservative POTUS in 2016. No anti-abortion bills get through congress. He/she can order a ban on abortion. Where will it stop?
If he’s not challenged now, this could be the beginning of the end of the republic.