When I first heard the news, I was surprised that Baker Hostleter accepted the assignment from the Republican Party to sue President Obama for allegedly overstepping the boundaries of Executive Power. Why? The first reason that came to mind was that such a high profile assignment would identify them as a Republican oriented law firm. This likely would alienate half the population. Why would one willingly toss away one-half of your prospective market?
Of course, some believe that any publicity is good publicity. For example, Baker Hostetler was lampooned earlier this month when Jimmy Fallon on the Tonight Show ran a fake commercial for the law firm. “At Baker Hostetler, we specialize in one thing: suing the president,” the parody ad said. “For instance, have you ever been forced to pass Obamacare, even though you didn’t like it? We can help you waste thousands of dollars in taxpayer money to fight for what you sort of believe in.” For their target market, the business world, I do not think this is the image they want.
The second reason is that, at least in my mind, the case to limit Executive Power is likely not to be won despite a Republican-oriented Court. This essentially is a political issue that can be addressed in the political arena of electioneering. Elections will be held in the near future. Executive Power has expanded with each President, including Republicans. Any curtailment would apply to future Presidents, including Republicans. Why, as a Party, would they want to do this?
Of course, this is a suit against the Executive being brought by the Congress … and therein may lie the answer for the suit. That does not answer the question, though, as to why a law firm would want to be so identified. Baker understood its business base and perhaps had second thoughts. Quinn Emanuel, having recently won some big lawsuits, may be feeling its oats and believe they are impervious to such considerations … or perhaps they want to be so identified.