Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: xzins
The judge – Bush appointee – stayed her own ruling pending Obama's appeal.

So nothing changes for the moment.

5 posted on 05/12/2016 10:19:06 AM PDT by M. Thatcher
[ Post Reply | Private Reply | To 1 | View Replies ]


To: M. Thatcher

https://assets.documentcloud.org/documents/2830599/House-Obamacare-lawsuit-opinion.pdf

...the Court has not changed its mind. While it is true that the Secretaries’ defense in this case requires interpreting federal statutes, the House of representatives’ claim under the Appropriations Clause does not. See U.S. Const. art. I, § 9, cl. 7 (“No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.”). Instead, the interpretation of a federal statute only becomes necessary when a defendant raises such a statute as a defense. Such a defense does not turn a constitutional claim into a statutory dispute. The House’s injury depends on the Constitution and not on the U.S. Code. The Secretaries’ standing argument will be denied.

IV. CONCLUSION The Court will grant summary judgment to the House of Representatives and enter judgment in its favor. The Court will also enjoin any further reimbursements under Section 1402 until a valid appropriation is in place. However, the Court will stay its injunction pending any appeal by the parties. A memorializing Order accompanies this Opinion.


16 posted on 05/12/2016 10:25:07 AM PDT by xzins ( Free Republic Gives YOU a voice heard around the globe. Support the Freepathon!)
[ Post Reply | Private Reply | To 5 | View Replies ]

To: M. Thatcher

According to this article, the ruling only pertains to the cost-sharing reduction payments to the insurance companies and not to the subsidies given to low-income people. Companies would raise premiums to cover the loss of these government payments, but the subsidies to individuals would then be increased to offset that. So, no real change in the program.

http://thehill.com/policy/healthcare/279695-judge-rules-for-house-gop-in-obamacare-suit


23 posted on 05/12/2016 10:26:49 AM PDT by Deo volente ("NAFTA, GATT, WTO, New World Order." George Putnam, among others, warned us.)
[ Post Reply | Private Reply | To 5 | View Replies ]

To: M. Thatcher

The socialists were subsidizing insurance companies $175 billion if the insurance companies would reduce co pays and deductibles. Problem is — no money was passed by congress to pay that amount. This is called “rule of men” rather than “rule of law”!!I want that money BACK!!!!


46 posted on 05/12/2016 10:38:07 AM PDT by WENDLE (Hillary committed crimes!! Why the delay?)
[ Post Reply | Private Reply | To 5 | View Replies ]

To: M. Thatcher
The judge – Bush appointee – stayed her own ruling pending Obama's appeal. So nothing changes for the moment.

Thank you. Good information.

So now the Republicans will get blamed.

57 posted on 05/12/2016 10:49:15 AM PDT by ladyjane
[ Post Reply | Private Reply | To 5 | View Replies ]

To: M. Thatcher
So nothing changes for the moment.

A moment lasting months or years.

70 posted on 05/12/2016 11:32:14 AM PDT by Jeff Chandler (Everywhere is freaks and hairies Dykes and fairies, tell me where is sanity?)
[ Post Reply | Private Reply | To 5 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson