This Judge’s Decree Could Kill ObamaCare

U.S. District Court Judge Rosemary Collyer. U.S. District Court judge Ketanji Brown Jackson's official Investiture ceremeony. May 9, 2013. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

House Republicans struck a serious blow to ObamaCare, and it’s about time. In what has been deemed Round 2 of the fight against ObamaCare,

Last week, a federal judge declared the Obama administration was unconstitutionally spending money to subsidize health insurers without obtaining an appropriation from Congress. There is no legal way around this law, though the administration will appeal. During this time, ObamaCare will continue to act as welfare, paying billions of dollars to people who don’t even have to go to the hospital to collect the larceny of the Federal government.

The gist of the ruling is that ObamaCare is violates a provision of the law by paying promised reimbursements to health insurers who provide coverage at reduced costs to low-income Americans.

Last year, U.S. District Court Judge Rosemary Collyer broke new ground by ruling the GOP-controlled House of  Representatives had legal standing to sue the president over how he was enforcing his signature healthcare law.

In a rare move where Republicans actually represented the people, House Republicans had filed suit, claiming subsidies paid to insurance companies so they could lower costs for people enrolled under Obamacare were unconstitutional. House Republicans rightfully claimed that because Congress never authorized the expenditure, the executive branch could not spend the money.

In the court case, the administration argued that a section of law that funds tax credits to help people pay for coverage also was the legal source for paying the subsidies.

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“Such an appropriation cannot be inferred,” Collyer wrote. “None of Secretaries’ extra-textual arguments — whether based on economics, ‘unintended’ results, or legislative history — is persuasive. The Court will enter judgment in favor of the House of Representatives …”

We need to gain control of the Supreme Court, this time not relying on Roberts, so that we can put the final nail in this coffin.


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