>> these are lawsuits on their shoulders now? >> no, no, no. >> he'll see the tour and get beyonce and jay-z to certify what he's doing. so the reality is the president is in the fix. the right wing is attacking him but he's in serious shape here. thank you so much. that's "the ed show." i'm michael eric dyson. "politics nation" starts now. good evening, rev. >> good evening, dr. dyson. welcome to the show. let me give you breaking news. we have with just learned that the talk of suing president obama that we have heard from speaker john boehner for weeks, he has now unveiled the legislation and is going forward, going to the congress to get the authorization to move

forward. he has explicitly pointed out in this lawsuit that he wants the congress to authorize that he can initiate and move forward. he is specifically going after the president in terms of the employer's mandate. let me bring in our guests to deal with this breaking news. from the washington post, jonathan? >> hey, rev. >> how do you respond to the breaking news? we are getting details about exactly how the litigation is going to be focused and what exactly speaker boehner is seeking. we have known for weeks that they have talked about this lawsuit, but it is just now really in the last hour where we have learned what they explicitly are targeting and

asking that the congress allow him to initiate. >> we have been wondering for white a while now what speaker boehner was going to use or cites as examples of the president over running his authority as president. zeroing in on the president's waving of the employer mandate under the affordable care act is something that's really been a burr under the saddle of republicans. on the left there were people uh upset by that. i'm trying to grapple with what happened in the last 15 minutes. one by focusing on the employer mandate of the affordable care act. this gives the republicans another opportunity to try to strike at something that's at the heart of obamacare. we have seen more than 50 votes in the house of representatives trying to repeal the president's

health care legislation, failing every time. this is another instance when republicans will try to strike a blow against the health care law. >> i think it's important we stress because let's be very clear here as we look at this breaking news that they have voted 54 times in the house to repeal obamacare. 54 times. this is just an extension. this is another attempt to try to undermine the affordable care act. this time talking about going in as a lawsuit. >> mm-hmm. now, rev, the second thing to keep in mind here and i have been talking with professor lawrence tribe of harvard about whether this lawsuit would be frivolous or not. one of the things he had me focus on was the issue of standing. with the house of representatives, the speaker, would congress have standing to

bring this lawsuit against the president? and now that we know exactly what speaker boehner is use aring, the president waving the employer mandate of the affordable care act, i'm still waiting to hear back from the professor on this particular point now that we have the specificses. what he told me earlier today was that when the house of representatives went to the supreme court to argue in favor of the defense of marriage act, they were able to have standing because doma was an act of congress that the president decided not to defend anymore because they deemed it -- he and the attorney general decided doma was unconstitutional. because it was an act of congress, if i'm reading what professor tribe said to me today, if i'm reading that right are, congress had standing because it was an act of congress they were trying to defend. from what i have read from the

little bit i have been able to read because this is breaking news within the last 15, 20 minutes. what i have been able to read is what speaker boehner is using as his example of presidential overreach. >> not able to establish standing. he's using that in order to establish standing. >> it's an act of congress. >> right. the question is whether there is standing and it has been called a stunt. >> mm-hmm. >> let's bring in karen finney. quote, in interviews with a half dozen house kentuckyconservativ was nearly universal support for suing obama for what they see as executive overreach. this is politico. they are chomping at the bit for a lawsuit. at what point, if ever will they realize it's not a political winner for them?

>> i don't think they are going to. part of the reason we had this document come out just in the last 15, 20 minutes is there is a desire on mainer's part to keep -- boehner's part to keep the momentum going. some of the most conservative members of the house who are usually giving him guff were pleased with the idea. it seems to me what they are trying to do is keep the momentum going on this. i don't think they recognize a loser. i think they believe even if they don't end up having standing that's a winner for them. i think a lot of people would say if they are deemed not to have standing. i was listening to you talk about it, that's still a winner for them. >> the president used a movie reference to call out the gop's inaction. to me, this is obnoxious. 54 votes. now you're going to play let's

initiate litigation. all of this while millions of people are being insured that never had insurance. listen to the reference the president made today. >> there is a great movie called "the departed," a little violent for kids, but there is a scene where mark wahlberg, they are on a stakeout and somehow they lose the guy they are tracking and wahlberg's upset, yelling and the guy says, well, who are you? wahlberg says, i'm the guy doing my job. you must be the other guy. [ cheers and applause ] sometimes i feel like saying to these guys. i'm the guy doing my job. you must be the other guy. >> i'm the guy doing my job. you must be the other guy. when you look at that, jonathan, he's dealing with let's have $3.7 million to deal with the

humanitarian crisis at the border. they go back to playing stunts in washington with a lawsuit. he says let's deal with obamacare. they go to start the scandals that they make up as they go with darryl issa and others. they are the ones not doing a job and the american people are clear on who's doing the job and who's not. >> a couple of things. one, i'm a fan of the movie. i can guarantee you the language was a lot saltier than the president quoted from the movie. but the second thing is we have to keep in mind something here. this is setting up a split screen are situation where the american people are frustrateded nothing is getting done. there is a clear opportunity for the president to say, i am

working to solve the immigration crisis on the border. i am trying to get americans back to work. i'm trying to expand the economy from the middle out. i'm trying to do all these things and yet you have republicans on the hill pursuing benghazi, a special investigation, suing me for doing my job because they are not doing their job. to latch onto something that karen was talking about in her answer, this might be a winner for republicans in the short term. and certainly for speaker boehner to keep his raucus caucus in line when it comes to punishing the president. at what point -- at some point they are going to realize this lawsuit against the president is not going to punish the president. he likely won't even be in office by the time a court even hears it. what they are going to do is say, we want to punish the

president now. while he's in office. the way to do it is impeachment. >> karen, before -- >> thanks, reverend. >> speaker boehner said today that the suit was about the president making up laws as they go. >> right. >> whether or not they can try and punish him now or out of office, i think they think he's a perfect political punching bag to try to score points with their base. watch with what speaker boehner said today. >> every president does executive orders. what we are talking about here are places where is are the president is basically reare writing law to make it fit his own needs. >> they are the ones that tried to repeal obamacare over and over again. the supreme court found it constitutional.

they keep going back to the same broken record. >> we shouldn't get too excited about the idea. the only way, having gone through this in 2005, 2006, when we came up with the culture of corruption and was able to make it an actual voting issue, the only way americans, because a lot of what goes on in washington, it is a blur for most people. the larger feeling is they are fighting, nothing is getting done. who's worrying about me. the only way this will resonate, particularly in the context of the midterm election is if you connect this and here's what's not getting done for you. at some point they expect congress and the president are fighting. it's when you say they are going to spend $3 million or whatever on a lawsuit. that means we are not going to get a highway bill done or whatever it is. the point is you have to drive

it home for people. the members of congress, democratic members of congress will have to be the ones to do this. it can't just be the president. they have to talk about republican incompetence, the inability to get anything done and the consequences for individual americans for all of this michigoss the republicans are pulling. >> i want us to be focused. i'm in memphis tonight. >> mm-hmm. >> i want us to be focused. people around the country need to understand this is the most unproductive, do nothing congress in the history of this country and here they come again today with another stunt, talking about a lawsuit. a congress that will not do thinking in terms of legislation. zero in terms of jobs, in terms of even covered benefits. in terms of dealing with our veterans. the most do nothing congress of

all time and now they want to initiate a lawsuit. >> i'm going to basically answer your question, reverend. you can just imagine people sitting at home around the dinner table coming home from are their second job trying to grab something to eat before they go out for the third job to make sure their kids are in school, doing all the things that we are told to do to be good productive citizens. yet, 535 people in washington go to washington every week and accomplish nothing. >> you know -- >> yes, reverend? >> i was going to let you finish your point. go ahead. >> so with the american people sitting home and watching what's happening in washington and basically what's not happening in washington, we'll feed the frustration. i look at the lawsuit and what's happening with a special

committee on benghazi, all the things that congressman darryl issa is doing with his committee, these are all scandals. these are all controversies that have nothing to do really with the everyday lives of the american people. at some point you have to realize that what speaker boehner and these folks are doing, they are placating the far right republican base, rath a -- rather than doing what the middle of the country wants them to dos which is solve the problems of the american people. >> it is even deeper than that, karen. not only are they not doing what the vast amount of the american people want, when you look at the fact that they are talking about the employer mandate, the vice president of the national retail federation said when the obama administration delayed the employer mandate which is what we now know this evening is where they are trying to zero in

on this so-called lawsuit, this is what the vice president of the national retail federation said. the administration should receive a gold medal for recognizing the enormous complexities of the affordable care act, and its agility and flexibility in working with retailers and otherses in crafting these much-needed and common sense reforms and revisions. i mean -- >> right. >> this is the vice president of the national retail federation. and they are suing the president for it when his position is they should get a gold medal? so what, is the president and them if this ever moved anywhere, they bring in retailers to defend them in court? i mean, this is such a waste of time. playing games with the american people. >> it is. again, i think it is going to appear, you know, as a travesty when they do that. i wouldn't be surprised if some of the business community actually starts to say, come on,

guys, this is not where we want you spending our time. i think the problem, again, is going to be we have to connect it back to the american people. this do nothing -- and i call it incompetence. i think this shows the republicans can't lead. they haven't been able to get anything done. they want to obstruct everything. as you say, when you see a group of retailerses sitting up there in a hearing, that's absurd. >> yeah. >> again, we have to connect it to the american people about how it impactses their daily lives and remind them, here are the things we want done, by the way, that would help your life. >> i'm going to have are to leave it there. karen finney and jonathan capehart, thanks for joining us tonight. >> thanks, rev. >> thanks. >> we're going to continue up next with more breaking news on the lawsuit and how republicans who have obamacare like it. that and a lot more. a big show tonight. i'm live in memphis, tennessee. we'll be right back.

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you hear some of them. sue them! impeach him! really? [ applause ] >> i've got a better idea. do something! [ cheers and applause ] >> that's president obama as we look at this breaking news that speaker john boehner has. come out now and outlined how he will ask the congress to allow him to initiate a lawsuit against the president. more on that and a lot more after this. portant legal matters in just minutes. now it's quicker and easier for you to start your business, protect your family, and launch your dreams. at legalzoom.com we put the law on your side.

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the affordable care act has given millions of families peace of mind. they won't go broke because they get sick. let's embrace the patriotism that says it's a good thing when our fellow citizens have health care. it's not a bad thing. that's not a bad thing. >> that's president obama speaking as we are now dealing with this breaking news that speaker john boehner has released the details of what he intends to try and get authorization to initiate a lawsuit against the president around the affordable care act and we now know where they will try to narrow down in this

lawsuit that many have called a stunt. getting reaction, let me go now to congresswoman jan are shakowski. thank you for being on the show tonight. >> thank you, reverend al. >> your response to the speaker taking the next step toward this lawsuit. >> here's my prediction. i think this is going to backfire. when people understand this is going to be a taxpayer-funded lawsuit that is unlikely to go anywhere, the courts have usually said, please take your lawsuit and leave in cases like this, i think they are going to say, wait a minute, don't undermine the affordable care act because we have new information today that the vast majority of americans who have signed up really like it. even 74% of republicans who signed up think it's great. 87% of people who have medicaid are are happy customers. i think they are barking up the

wrong tree and that the american people say really? this is what you are going to do with our money and our time, republicans? i don't think this is a good plan for them. >> 54 votes against obamacare. >> right. >> 54 votes and in light of all the challenges around jobs, around benefits, immigration having an emergency of humanitarian crisis proportions, you're going to now come back, mr. boehner and ask to initiate a lawsuit that 54 times you couldn't repeal obamacare? this is outrageous. >> just looking at the affordable care act, 9.5 million people, not counting people who staid on their parents' policies, 9.5 million have signed up. 60% of those are people 35 and

under. they predicted that wouldn't happen and the koch brothers are doing festivals to get young people to stay away. none of the things are working. the only thing working is obamacare. >> now, do you feel that that the fact we are seeing republicans deal with a lawsuit and even some of pushing around the i word, impeach lt. is this the politics of desperation or are these people so far to the right they have lost touch. >> they have definitely lost their way. they are disconnected from ordinary people who have a pre-existing condition. people who want the care they need at an affordable price to not be bound by insurance companieses who deny them.

i think the american people are sick of it. they are ready for the republicans, the majority in the house of representatives to actually do something. as the president said, do something. pass a bill. you know, stop all of this nonsense of obstruction and finally he said, you know, so sue me. i think that's where the american people are, too. forget this nonsense. >> see, the reason i say you maybe haven't lost reality of being able to deal with reality, a new poll shows 74% of republicans -- republicans, congresswoman -- who signed up under obamacare are are satisfied with their new insurance coverage. they are not even dealing with their own party membership. >> i don't know where they're going. you mentioned desperation. they are flailing around, looking for an issue to pin on

barack obama and the democrats. they should look at funding infrastructure to create jobs, extending unemployment benefits, all of these are pole tested, too. we find -- poll tested, too. people want things to put them back to work and make their economic situation better. instead of lawsuits, 54 voteses to repeal obamacare, wasting time. wasting taxpayers' money on silly, made up scandals. it's really getting tiring. i think most people feel that way. >> minority lead er nancy pelos called it an abdication of their responsibility. 74% of republicans who signed up for obamacare are satisfied.

look at the report from the commonwealth fund. it shows the uninsured rate among low income americans dropped from 28 to 17%. that's 11 points. in states that refused to expand it, the rate fell only 2%. for those that have gone in with obamacare, expanded medicaid and worked with the program, look at the huge benefit to uninsured americans. look at those who didn't have the same benefit in other state. and they want to sue? >> if they were looking for a lawsuit there ought to be congressional malpractice. the majority in the house should be sued for absolutely abdicating their work and not doing what the american people really need. that's what we are sent here for.

many of us are itching to get back to business, the business of the american people. you're right. we see that the american people are growing in satisfaction because they are getting the health care they need, either medicaid or getting it through health insurance on the exchanges and they are ready now to do something that's going to make a difference in their lives. these republicans are doing ridiculous things that have nothing to do with where our people immediate to be. >> you're right to be mad, angry. a lot of americans are angry with you. congresswoman thank you for your time tonight. >> appreciate it. >> coming up, governor rick per ary meets with president obama. and then runs to fox news. why perry proves republicans aren't serious about work iing r

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last night president obama said he wanted to focus on policy solutions to the immigration crisis. so how did governor perry respond to that? he ran to fox news. >> it is a humanitarian crisis. that, i will suggest, is the reason the president needs to come to the border to see it himself. i think about the criticism that george w. with bush are received when he didn't go to new orleans for hurricane katrina. this is no different. i don't know whether he's inept or there is something else going on. what i haven't seen out of this president are actions that make me think he understands what's going on. >> he wants the president to take unilateral action?

when does he do that? they call him a dictator when he does. an imperial president, a king. let's not forget this. >> i had to remind him, i'm getting sued right now by mr. boehner apparently for going ahead and acting instead of going through congress. >> the president says he's open to putting more national guard troops on the border. if governor perry wanted more troops, he could have pushed his fellow republicans to pass the immigration bill last year. because guess what. itle called for national guard units and personnel to be assigned. such operations would have been covered and missions, as many as necessary to secure the southern border. if republicans had done the right thing on immigration, governor perry would have what he wanted. but all republicans really want

is to take cheap shots at the president. joining me now, joy reed and dana milbank. thank you both for being here. >> thanks, rev. >> hi, reverend. >> joy, first the president is a dictator. now he's not doing enough on his own. which is it? >> it's always both, right? the president asked do republicans want to solve the problem or do they want the politics? it's clear that it's the latter. rick perry would like to run for president. he needs to get back from having givenen nonresident, undocumented citizens access to universitieses in texas. now he's doing the photo ops, the things they want the president to do in order to get right with the republican base. he's calling for things like deploy the national guard. he's the commander in chief of the texas national guard. if he wants them, he should call them up. they can be deployed up to 60

days by their state commander in chief, namely rick perry. if he wants the president to call the national guard he would have to cooperate and get his texas delegation and members of congress to cooperate. it turns out the president can't just be a dictator and call out the national guard. congress has to authorize it. which congress will authorize it? the one suing president obama? anything they did to help would look like it's helping president obama. they are not doing that either. you can't have the national guard unless congress does what they never want to do which is cooperate with the president. >> but, dana, earlier this month governor perry said the obama administration might be in on the immigration crisis. he was pushed on that today. take a look. >> you are suggesting there is a conspiracy here. >> i'm suggesting this separation and their words and actions or the lack thereof are part of the problem.

i think you're putting the words of conspiracy in my mouth which i didn't say. >> you did say the word, i hate to be con spear toirl. >> and i hate to be conspiratorial. i didn't say i was. >> i'm not. i'm just peddling conspiracies. what's going on here? >> that's a good one. as joy pointed out, rick perry unsuccessfully ran for president. his most famous contribution would be when he said "oops" on the national stage during a national debate. he's been practicing the politics of oops. a week ago he equated homosex l homosexuality to alcoholism. so right, make the border secure. these people are coming across and turning themselves in. this isn't about border security.

he's saying the problem is lawless obama. he's not going to deport the dreamers. they are people here before 2007. the real problem, if anything, is that this president is forced to enforce a law passed unanimously in congress in 2008 and signed by george bush that says if these people come from guatemala and honduras and sal are va dor you cannot return them right away. the reason is this president actually follow it is law. he's not lawsless. >> yeah. >> you know, joy, you have a huge amount of hypocrisy from speaker boehner. listen to what he said today. >> the national guard is uniquely qualified to address these types of humanitarian crises and utilizing their expertise would free up border agents to focus on their job of securing the border. now the president said yesterday he'd consider doing that, only if he gets more money with no

strings attached. in other words, he won't do it for the kids. it's all about politics. >> if boehner brought the immigration bill to a vote we wouldn't have are -- we'd already have more national guard troops. how can he accuse the president of making this about politics? he didn't bring the vote. >> you know, rev, speaker boehner is acting like the national guard are in a toy soldier box and the president can take him out and fling him at the border. the congress of the united states. he can do it tomorrow. if john boehner want it is national guard he should authorize it. he should authorize the national guard deployment. that's how you do a federal guard deployment. it's rick perry's job or congress's job. the president can go along with it. the problem for republicans is they don't want to do anything because they are afraid it might help president obama. they just want to keep

complaining but not actually do anything. >> what about not visiting in person? take senator cornyn. he says, texans do not need a lecture from a man who refuses to even see the crisis firsthand. back when the president visited in 2011, cornyn spokesesman said what the senator is looking for president obama cannot deliver with another speech or photo op. that's presidential leadership. they criticize whether he goes to the border or not. >> imagine that. >> i sort of wonder if the president shouldn't have just gone to deny senator cornyn and senator cruz and rick perry the ability to have the talking point. here is where the analogy breaks

down. president bush wasn't in trouble because he did the flyover. the response was disastrous. the president has been responding in a full-floated way to . amassing the resources of the united states government which means the where he is or not. the important thing is to get the response right. >> you're right, dana. i was in katrina. the response was inadequate. he said, brownie, you're doing a good job when he did land. thank you for your time tonight. >> thank you. >> joy, before you go you have a special piece tomorrow in the show ahead of the one year george zimmerman verdict. >> we are going to be looking at a year past the verdict. really it was traumatizing to so

much of the african-american community and sparked a re nnud conversation. we'll also be talking to you. looking forward to having you on at 2:00. it's an important discussion we'll continue tomorrow. >> that's tomorrow at 2:00 on the reid report. we'll look forward toyota. >> thanks, rev. >> thank you, joy. we'll be right back. at a moment like this, i'm glad i use new tampax pearl active! [ female announcer ] new tampax pearl active is 20% slimmer, totally comfortable and 100% as absorbent as regular pearl! [ cheering ] new tampax pearl active.

we are learning more about how a 22-month-old boy died in a sweltering hot car last month. police released cooper harris's

toxicology report showing there were no traces of sedatives or medication in the toddler's system. investigators say the test confirmed his death was heat-related. today, cooper's mother hired her own defense attorney. joining me now are lisa bloom and michelle suskauer. lisa, the mother has now gotten a lawyer. though she hasn't been charged with any crime. what's your reaction? >> anybody who is the subject of police scrutiny, as she is, should get a lawyer. many of my clients are people who haven't done anything wrong but who are under suspicion for one reason for another. there is nothing wrong with her doing that. it's the right thing for her to do. the issue for most of us watching the case is whether she's involved in the murder or oh not. she had a lot of suspicious behavior that required explaining. she hasn't had any expression of concern about what happened to her baby. all of her expressions of

concern have been for her husband. they are looking at her. she should have counsel at this point. >> michelle, you know the big news aside from the mother hiring a lawyer is people magazine spoke to a friend of the mother leanna harris who told them, quote, leanna told me she wanted an even number of kids so each kid could have someone to play with. somewhere along the line, plans changed and the friend says i think it was in may when she told me that now is not the time for more kids. i didn't press her to find out what had changed. how might lawyerses use their friends in a case and what's your reaction to her hiring a lawyer, michelle? >> i totally agree with lisa. she should have hired a lawyer already. i think she's a little bit behind the 8 ball.

she's under tremendous scrutiny and law enforcements has been watching her, listening to her, and talking to everyone she's been talking to. so she's definitely the focus. we may see charges down the line, i'm not sure. that was a very, very wise move. in terms of friends, certainly friends are what people are going to be speaking to. in terms of that particular story in people magazine, i don't know whether that really meanses anything or not. it could have just meant that they are having troubles in their marriage or it could be a variety of things. i don't really put a lot of stock in that. i think certainly going to friends if you are going to defend her and say this is a good mother, loving mother, a good wife, et cetera, that's helpful. on the flip side, going to the prosecution the type of bizarre behavior and things that would not be helpful potentially if

there will be charges filed. both sides will be utilizing friends, co-workers, family. >> yeah. you know, last february a post was believed to be harris. wrote a description that looks nothing like the picture of the sexting dad we are starting to see. back in february of 2013 he wrote, i am now in my dream job. i have a beautiful 6-month-old son and love going to work every day. i couldn't be happier. how could things change so much in a year? >> things can change a lot in a year. a baby is a big deal in someone's life. we have to thaface the reality justin harris's text messages and internet searches about how long it takes a child to die in a hot car. he seems to have gone from a loving father who was happy about having a baby to somebody

who wanted to have a child-free life, another one of his searches. >> michelle, do you agree with lisa? >> i do. but, again, taking the other side certainly his defense lawyers will be looking at, you know, anything else that was going on. in terms of using friends and family. talking about the fact that he was a loving father. that's significant. again, this is damaging information about the sexting, especially that day, about the conversations with other women. that doesn't mean he intentionally committed murder and that's what the defense is going to work with. he's not making it easy on his defense team. i'll tell you that. >> i'll leave it there. lisa bloom and michelle suskauer, thank you for your time tonight. >> thank you, rev. >> mie. -- my pleasure. >> still ahead, more on tonight's breaking news. speaker boehner unveiling plans

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count on angie's list. angie's list -- reviews you can trust. you hear some of them. sue him! impeach him! [ cheers ] >> really? >> i have a better idea. do something. [ cheers ] >> that's president obama earlier today telling republicans to do something and in breaking news tonight house speaker john boehner unveils legislation to authorize a lawsuit against the president. asking congress for the authority to, quote, initiate litigation for actions by the president inconsistent with his duties under the constitution of the united states. for delaying a mandate they already voted many of the

republicans. you cans always judge public officials or those of us in public life by what is the goal is the goal helping the american people achieve health insurance or is the goal partisan bickering? come on, speaker boehner, let's take care of the american people. enough with the stunts. thanks for watching. i'm al sharpton. "hardball" starts right now. john boehner, you're better than this. let's play "hardball." >> good evening. i'm chris matthews. let me start tonight with the terrible reality president obama faces now on the american border. he's got 50,000 kids basically deposited there, all seeking asylum. they. come from dangerous places like