The Trump administration should have stopped the payments on Day 1. Additionally, the head of HHS should be prosecuted for spending money that Congress did not authorize. Lawlessness such as this needs to be nipped in the bud (as Barney Fife would say).
Surely these lawmakers know that the lawsuit had already been won over the subsidies and all the Trump administration had to do is drop the appeal. Is Trump and Sessions DOJ continue the appeal for obamacare? Surely not.