This Wednesday, federal district Judge Rosemary Collyer paved the way for another attack on Obamacare by ruling that Republicans have the right to again challenge the way in which President Barack Obama’s administration issues subsidy payments.
Two months ago, when the Supreme Court ruled that it was okay for the Obama administration to issue subsidies to Americans who did not live in states that had set up their own healthcare exchanges, many Republicans felt like all was lost. With Wednesday’s ruling, the fire has been reignited.
Apparently, the Department of Health and Human Services had been issuing federal subsidies without congressional authorization.
“The House sues, as an institutional plaintiff, to preserve its power of the purse and to maintain constitutional equilibrium between the executive and the legislative,” the judge explained in the ruling. “If its non-appropriation claims have merit … the House has been injured in a concrete and particular way.”
Basically, HHS acted outside of the scope of the U.S. Constitution, and Republicans believe this violation of lawis enough to force Obama to stop issuing subsidy payments to healthcare insurance companies (H/T Opposing Views).
The importance of this ruling cannot be overstated. The very foundation of our government rests on the “separation of powers,” a notion that Obama clearly loathes…