HOUSE WINS ITS HISTORIC OBAMACARE LAWSUIT: A federal district judge in D.C., Rosemary Collyer, today ruled in favor of the U.S. House of Representatives in its historic lawsuit against the Obama Administration. Judge Collyer granted the House summary judgment on its claim that the Obama Administration had violated separation of powers by spending money–without any congressional appropriation to do so–on the Affordable Care Act’s so-called “cost sharing subsidies” (subsidies that essentially help low-income individuals pay for out-of-pocket costs such as deductibles and copays).
Judge Collyer back in December had ruled that the House of Representatives had standing to bring its separation of powers claim– which was itself an historic decision. Some of you may recall that my colleague David Rivkin and I have long argued—contrary to many naysayers–that the House would have standing to sue the Administration, and that it would ultimately win its constitutional claim on the merits.
Now that the House has won its constitutional claim on the merits at the trial level, the Obama Administration will appeal to the D.C. Circuit Court of Appeals, which has been packed in recent years with Obama appointees. Depending on how the D.C. Circuit rules, the case may be headed for the Supreme Court.
This is for the Obama Administration, which seems to think it’s above the Constitution: