Friday, September 11, 2015
Health Reform: House Can Sue Administration
Following the SCOTUS decision that the ACA meets constitutional standards, the House of Represenatives (Republican majority) continues it's course of amending or repealing 'Obamacare'
On July 30, 2014, the House voted along party lines to file a lawsuit challenging the President. Twice private counsel that it hired to bring the case resigned, but the House finally succeeded in engaging Jonathan Turley, a conservative professor at George Washington University, to file the action.
The legal situation becomes complex in regard to the constitutionality of certain portions of the Affordable Care Act.
In a Republican dominated House of Representatives another attempt is being made in regard to the legalitiy of the ACA subsidies funded out of the general treasury.
Judge Collyer rejects all of the administration’s responses to this argument. When money is spent without an appropriation, the House as an institution is injured in a particular way not shared by the public as a whole, or even by an individual member. The dispute is not about implementation of a law, but about the constitutional role of Congress. Although Congress has its own means of enforcing its will, this does not bar it from resorting to the courts in constitutional disputes.
Even with less than 18 months left in President Obama's tenure in the White House, Republicans continue to chip away at the ACA. If the Republicans maintain a majority in the House of Represenative, and re-capture 1600 Pennsylvania Avenue it is almost certain that there will be significant changes to the ACA.
This however will create more havoc in unwinding the gordeon know of the ACA.
The ACA is mostly about health insurance reform and several peripheral issues such as payment reform, the establishment of Affordable Care Organizations, all of which may be exclusive to themselves. Some of the goals of the ACA are to make health care more affordable. This has yet to be determined in the short term.
Proponents of the law claim the cost savings are already significant. Others would point out that the infusion of significant public funds have allowed the ACA to work.