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Thursday, Sep 10 2015

Full Issue

Federal Judge Allows Congressional Republicans' To Press Health Law Challenge

U.S. District Court Judge Rosemary M. Collyer ruled the House can pursue its claim that the administration violated the Constitution when it spent public money that was not appropriated by Congress to pay for the health insurance subsidies.

A federal judge cleared the way Wednesday for a legal challenge by congressional Republicans to President Obama's health-care law to proceed. U.S. District Court Judge Rosemary M. Collyer ruled the House can pursue its claim that the administration violated the Constitution when it spent public money that was not appropriated by Congress. At issue is the more than $175 billion the government is paying insurance companies over a decade to reimburse them for offering reduced co-payments for lower-income people. (Biesecker, 9/10)

[Collyer] said the merits of the claim would be determined in a later proceeding. But her decision, if it withstands appeal, would mark the first time the House has been able to challenge an administration in court over its spending power. (Hulse, 9/9)

The judge rejected pleas by Obama鈥檚 lawyers to dismiss the House lawsuit on the grounds it involved a political dispute, not a legal one. Collyer noted that the House claimed it would suffer an 鈥渋nstitutional injury鈥 if the president and his aides could spend money on their own authority. Her ruling is only the first step, however. She told lawyers she would hear arguments in the fall on whether the administration鈥檚 action violated the Constitution. (Savage, 9/9)

The ruling means the partisan legal battle between the administration and congressional Republicans will continue as both parties gear up for the 2016 election cycle. The lawsuit, however, targeted relatively narrow sections of the ACA, so even if the House ultimately prevails on its remaining claims, most of the law would likely stand. (Kendall, 9.9)

Some conservatives have argued that getting standing to argue their case -- the victory won Wednesday -- would be the toughest hurdle to mount. (Wolf, 9/9)

House Republicans filed their lawsuit challenging Obama鈥檚 executive actions in November. Criticized as a political ploy by Democrats, the lawsuit targeted two aspects of the health care law鈥檚 implementation: the delays in enacting the employer mandate, which requires most larger companies to offer health insurance, and the use of unappropriated funds for cost-sharing subsidies designed to alleviate out-of-pocket medical costs for people with lower incomes. (Viebeck, 9/9)

The Department of Justice will appeal the court's ruling, said spokesman Patrick Rodenbush. An appeal could further delay proceedings on the merits of the claims. White House spokeswoman Jennifer Friedman called the decision unprecedented. "This case is just another partisan attack, this one, paid for by the taxpayers; and we believe the courts will ultimately dismiss it," she said in a statement.. (Dunsmuir, 9/9)

"The ruling today means that the United States House of Representatives now will be heard on an issue that drives to the very heart of our constitutional system: the control of the legislative branch over the 'power of the purse,'" said lawyer Jonathan Turley, who is representing the House. "The House filed this lawsuit after the administration openly violated the Constitution by paying -- and by continuing to pay -- billions in public funds to insurance companies under an Affordable Care Act program without any appropriation from Congress," he said. (De Vogue, 9/9)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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