Back in July 2014, House Republicans sued the Obama administration over the “cost sharing” provision in Obamacare. And on Thursday, the federal judge presiding over the lawsuit ruled in favor of the House:
At issue is the “cost sharing” provision in the law that requires insurance companies offering health plans through the law to reduce out-of-pocket costs for policy holders who qualify. The government offsets the added costs to insurance companies by reimbursing them.
But lawyers for the House argued that Congress did not properly approve the money for those reimbursements.
U.S. District Judge Rosemary Collyer, who was appointed to the bench by President George W. Bush, sided with the challengers but said that she would stay her ruling pending appeal.
“Congress is the only source for such an appropriation, and no public money can be spent without one,” she wrote.
The Obama administration is expected to appeal the decision.
The administration can’t spend money that Congress doesn’t appropriate? You don’t say?
Johnathan Turley, a lawyer for the House, says that Judge Collyer’s ruling shows that Obamacare “violated the Constitution in committing billions of dollars from the United States Treasury without the approval of Congress”:
“Judge Collyer’s opinion is a resounding victory not just for Congress but for our constitutional system as a whole,” Turley said in a statement. “We remain a system based on the principle of the separation of powers and the guarantee that no branch or person can govern alone. It is the very touchstone of the American constitutional system and today that principle was reaffirmed in this historic decision.”
However, while the ruling represents a major temporary blow to Obamacare, the outlook will remain bleak until a Republican is in the White House:
WH’s Earnest on Hse GOP Obamacare lawsuit: They’ve been losing for 6 years and they’ll lose it again
— Chad Pergram (@ChadPergram) May 12, 2016