Tuesday, September 15, 2015

Court Rules House Can Sue Administration On Constitutionality Of Health Reform Law...


A federal District Court has ruled that the House of Representatives has standing to sue the Administration over the constitutionality of Affordable Care Act (ACA) payments to insurance companies. The case, which is subject to appeal, says the House does have a key element—harm to it—on which to base its constitutional challenge.

The harm to the House, Judge Rosemary M. Collyer said in her ruling, comes from ACA payments by the federal government to insurance companies when Congress has not appropriated funds with which to make those payments.


Prospects: This is an early, and probably not dispositive, decision. But it does breathe life into the GOP Congress’ ongoing efforts to repeal the ACA. It is another in a series of constitutional challenges to the ACA. This one is still years away from resolution. There likely will be an appeal of the procedural standing issue, and then trial and appellate court decisions on the merits of the case. So, while this case continues the assault on the ACA, it is not a sign that the law’s opponents will get rid of it any time soon.
.
.
.

.
.
.
And just for fun...


No comments:

Post a Comment