U.S. District Court Judge Rosemary Collyer ruled that the Obama administration was breaking the law by paying Obamacare insurers without first gaining permission from Congress.
“None of the secretaries’ extra-textual arguments — whether based on economics, ‘unintended’ results, or legislative history — is persuasive,” wrote Judge Collyner, a George W. Bush appointee, in her comments against secretaries for the Treasury and Health and Human Services departments who claimed they had done nothing wrong.
The Washington Times reports:
A federal judge dealt President Obama and his health care law a major blow Thursday, ruling in favor of House Republicans who said the administration was unlawfully paying insurers without permission from Congress.
The order by U.S. District Court Judge Rosemary Collyer, presiding in Washington, says the administration should stop doling out the Affordable Care Act’s “cost-sharing” payments to insurers until Capitol Hill appropriates the money.
However, she stayed that order pending a likely appeal by the administration.
Yet, questions remain surrounding this ruling.
Why stay the order when there is no actual appeal? (White House spokesman Josh Earnest says the administration has not yet decided whether to appeal.)
Why not enforce the ruling and stop the payments?
House Republicans who sued Obama argue that Congress never authorized spending for the programs being paid. According to the Constitution, Congress is solely designated with fiduciary control– and the unlawful distribution of Obamacare funds is projected to cost $175 billion over 10 years.
Instead of acknowledging that the law was broken, White House press secretary Josh Earnest blamed Republicans. He said, “It’s unfortunate that Republicans have resorted to a taxpayer-funded lawsuit to refight a political fight that they keep losing. They’ve been losing this fight for six years. And they’ll lose it again.”
According to The Los Angeles Times, “In their defense, administration lawyers said the suit should be dismissed because the House had no legal standing to sue. And they argued the reimbursements were authorized by law.”
Perhaps, however, instead of suing, Congress should be using the Constitutional remedy to impeach every Supreme Court justice who unconstitutionally ruled that Obamacare was legal.
However, it remains unclear if most in Congress even know what the Constitution states.