Posted on 10/04/2015 11:00:58 PM PDT by BuckeyeTexan
For those who thought that the lawsuits challenging the Patient Protection and Affordable Care Act (Obamacare) were at an end, think again. On September 9, Judge Rosemary Collyer of the federal district court for the District of Columbia refused to dismiss a lawsuit filed by the entire U.S. House of Representatives against the Obama administration over its funding of certain aspects of Obamacare.
This is a historic lawsuit and a historic decision. In the past, individual members of Congress have filed a number of (unsuccessful) lawsuits against sitting administrations. But this is one of the few occasions when such a suit has been pursued by the entire House of Representatives as an institution.
(...)
The challenge by the House makes two claims against the Obama administration and specifically Sylvia Burwell, the secretary of the Department of Health and Human Services, and Jacob Lew, the secretary of the Treasury. First, that the administration has spent “billions of unappropriated dollars to support” Obamacare. Second, that the administration “effectively amended the Affordable Care Act’s employer mandate by delaying its effect and narrowing its scope.”
According to Judge Collyer, Section 1402 of Obamacare “requires insurers to reduce the cost of insurance to certain, eligible statutory beneficiaries” and the “federal government then offsets the added costs to insurance companies by reimbursing them with funds from the Treasury.” While certain other credits in Obamacare are paid through a permanent appropriation in the Internal Revenue Code, these “Section 1402 Cost-Sharing Offsets must be funded and re-funded by annual, current appropriations.”
The House claims it has never appropriated any funds for §1402, yet the administration “nonetheless drew and spent public monies on that program beginning in January 2014.” This violates Article I, Section 9, Clause 7 of the U.S. Constitution, which states that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.”
(Excerpt) Read more at dailysignal.com ...
Of-interest ping to SCOTUS list.
Judge Roberts is still being blackmailed....so, no, there will never be a court case that gets past him to void Obamacare.
It has no legs with author and editor Justice Roberts. He will contrive new phrases never before writen in or spoken about pelosicare, but will insist in the opinion he writes, that his understanding was the intention of the original authors.
I agree. Roberts will just rewrite Obamacare again to cut those pesky legs right out from under it or he can always just ignore the plain english meaning of words again.
No it doesn’t.
Nothing against Obama has legs.
The SCOTUS will see to that, and if they don’t the GOP will.
Makes me wonder if the congress really wants to repeal obamacare at all.
The lawsuit that Obamacare was initiated in the Senate and not the House as required by law for new taxes has a better chance in the Courts.
I think the insurance companies have lobbied the politicians for so long and so heavily with BIG MONEY contributions that the legislature could care less about what the American people want and need.
The House may still lose this lawsuit in the long run. But this decision is a significant defeat for the administration, which had hoped to get the entire case dismissed without a trial.
OF COURSE the HOUSE will LOSE!
The NSA files say that the higher courts will kick this to the curb in short order.
This New Lawsuit Against Obamacare Has LegsNever heard that before. < /sarcasm>
“Makes me wonder if the congress really wants to repeal obamacare at all.”
Welcome to the party, Pal! We’ve only been waitin’ years for ya.
So ultimately it goes to the USSC and John Roberts to decide.
By the time this reaches SCOTUS the whole house of cards will have collapsed and we’ll be awaiting a final Senate vote on Single Payer.
All according to plan.
Didn’t they make this law in the first place?
Even if the House wins, what does that get us? It won’t repeal Obamacare or even make them pay the money back, probably just say the WH needs to go through Congress next time.
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