En excerpt from Michael Connelly article on the USJF site
“I think this is a clear violation of Article 1, Section 7 of the Constitution that allows the President to either sign or veto laws or bills “passed” by Congress. There is no provision in the Constitution and no legal precedent that I can find that allows the President to “veto” and therefor override a bill or law that does not pass both houses of Congress. The whole idea turns the Constitution on its head. If this was allowed to stand then the President would essentially be a dictator able to unilaterally put laws into place that Congress had voted down. I believe even some liberals on the Supreme Court would be hard pressed to approve of what would be a major amendment to the Constitution that did not go through the constitutionally mandated amendment process. I think a challenge to this procedure would be successful.
However, in order to get by the question of legal standing to challenge the constitutionality of this I believe a suit must be filed by a member of Congress, preferably a member of the Senate. Yet, it appears that no one is willing to do this, although it is clearly their obligation under their oath of office. If someone does step up to the plate I will offer my services and those of the United States Justice Foundation to assist in such litigation.”