Idaho Congressman Mike Simpson supported H.Res. 639, authorizing an amicus brief—also known as a “friend of the court” brief—to be filed on behalf of the House Representatives in the Supreme Court.  This brief supports the 26 states that filed legal action against President Obama for his infringement on Article I authority over immigration policy in the case, U.S. v. Texas.  It is the first time the House has taken an official position and filed an amicus brief on a Supreme Court case.  H.Res. 639 was adopted in the House today by a vote of 234-186.
“The President’s actions are contrary to the way the American people expect the President and Congress to interact,” said Simpson.  “I am deeply concerned by the President’s continued overreach and disregard of Congress’ role in making laws.”

Simpson has long supported legislation to block unilateral actions by the Executive branch and to restore power to the appropriate branches of government. Simpson previously filed in the 5th Circuit Court an amicus brief in support of the states’ suit against the President. 

The primary argument of the brief involves an Article I v. Article II controversy regarding the discretion of the executive branch to make laws without authority.

“With the Supreme Court considering a fundamental case on the role of the executive and legislative branches in making laws, it is imperative that we use all tools at our disposal to stop the President’s overreach,” said Simpson.  “We have found ourselves in this situation far too often in the last seven years, so I do hope that the Supreme Court will send a clear message to the Administration that will restore the balance of powers dictated by the Constitution.”

In November, the 5th Circuit Court ruled against the Administration, preventing the 2014 executive action from being implemented.  The Administration subsequently appealed their case to the Supreme Court.