Professor Johannes offers the following initial thoughts:
"It is virtually impossible for Congress or its members to sue presidents. The courts have generally dealt with this like a hot potato -- "you take it, I don't want it." For the judicial branch, this is an invitation to taking a cup of hemlock. Justice Roberts, in particular, is extremely sensitive about the Court's power and reputation, and he won't gamble it away on the Speaker's law suit.
The one instance when the Supreme Court might have to act would be if essentially the same law suit somehow emerged in two or three different Appeals Court circuits and led to contradictory decisions. That would have to be an unusual suit -- more like the recent Obamacare decisions than anything resembling Speaker Boehner's suit -- and it is hard to think of such a case.
So we will have some interesting theater, multiple briefs on both sides, but nothing is remotely likely to emerge."
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