An unprecedented House lawsuit against President Obama that was once
derided as a certain loser looks stronger now and may soon deliver an
early legal round to Republican lawmakers complaining of executive
branch overreach.
A federal judge is expected to decide shortly whether to dismiss the suit, but thanks to an amended complaint and a recent Supreme Court ruling, the Republican-backed case has a much better chance of proceeding, attorneys agree.
At issue is whether the House may sue in court to defend its constitutionally granted "power of the purse" if the president spends money that was not appropriated by Congress.
The lawsuit alleges that Obama's top aides quietly claimed the power to spend $178 billion over the next decade to reimburse health insurers for covering the cost of co-payments for low-income people who buy subsidized insurance under the Affordable Care Act.
The administration initially submitted a request for an annual appropriation — about $4 billion last year — but then changed course. Officials, including Health and Human Services Secretary Sylvia Mathews Burwell, decided the so-called cost-sharing payments to insurers were mandatory and were akin to an entitlement written into law, so there was no need to seek additional approval from Congress.
http://www.latimes.com/nation/la-na-obama-lawsuit-20150820-story.html
A federal judge is expected to decide shortly whether to dismiss the suit, but thanks to an amended complaint and a recent Supreme Court ruling, the Republican-backed case has a much better chance of proceeding, attorneys agree.
At issue is whether the House may sue in court to defend its constitutionally granted "power of the purse" if the president spends money that was not appropriated by Congress.
The lawsuit alleges that Obama's top aides quietly claimed the power to spend $178 billion over the next decade to reimburse health insurers for covering the cost of co-payments for low-income people who buy subsidized insurance under the Affordable Care Act.
The administration initially submitted a request for an annual appropriation — about $4 billion last year — but then changed course. Officials, including Health and Human Services Secretary Sylvia Mathews Burwell, decided the so-called cost-sharing payments to insurers were mandatory and were akin to an entitlement written into law, so there was no need to seek additional approval from Congress.
http://www.latimes.com/nation/la-na-obama-lawsuit-20150820-story.html
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