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.
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And just for fun...
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