Chris Hedges: Why I’m Suing Barack Obama

[Jim Lane]

40. He can't sue President Romney, let alone President Palin

I'm not familiar with the details of this particular lawsuit, but it often happens that a challenge to a governmental action must name an incumbent officeholder. That could be the correct course even if the bill had been passed over Obama's veto -- which, alas, it wasn't.

Obama's announced stance isn't necessarily irrelevant, though. It's sometimes necessary for a plaintiff in a case like this to establish that there's a threat of illegal action against him. There's a possibility that the DoJ could defend the suit by saying that it's not ripe for judicial resolution because the Obama administration isn't planning to do and will not do any of the things that are alleged to be illegal.

Even if that happens, though, the suit could serve a good purpose. It might lay the groundwork for a suit in 2017 challenging the detention practices implemented by President DeMint. Without this suit now, the argument might be made that the 2017 suit is untimely because the Act should have been challenged when enacted. If Hedges's suit is thrown out on ripeness grounds, however, then it sets a precedent that counters that argument.