Judge clears way for House of Representatives lawsuit challenging health law
Published September 09, 2015
WASHINGTON – 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 health insurance companies over a decade to reimburse them for offering reduced health care co-payments for lower-income people.
The House argues that Congress never specifically approved spending that money, and in fact denied the administration's request for it. The Obama administration insists it is instead relying on previously allocated money that it is allowed to use.
"The House of Representatives as an institution would suffer a concrete, particularized injury if the Executive were able to draw funds from the Treasury without a valid appropriation," wrote Collyer, who was appointed to the federal bench in 2003 by President George W. Bush.
Department of Justice spokesman Patrick Rodenbush said the administration will seek to appeal the court's decision.
The lawsuit was filed last year against the departments of Health and Human Services and Treasury by Republicans frustrated by their inability to torpedo the President's signature heath care law through legislative action. The House has voted more than 50 times to repeal all or parts of the law known as Obamacare, only to be stymied in the Senate.
House Speaker John Boehner praised Wednesday's ruling, calling Obama's actions a "historic overreach." He said the House will press its case in the court. Collyer stressed that her ruling was merely procedural, and that Congress would still have to prove the merits of its case.