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ACA Takes a Hit from the GOP

May 16, 2016

Contributed by Jess LeDonne

Opponents of President Obama’s flagship legislation are calling the decision by U.S. District Judge Rosemary Collyer a “resounding victory”. Judge Collyer ruled Thursday in favor of The House of Representatives’ challenge to the cost-sharing provisions of the ACA, and held that the government’s financial reimbursements to insurance companies to offset the Affordable Care Act mandated lower out-of-pocket limits were not properly approved by Congress. Speaker Paul Ryan lauded Judge Collyer’s decision that the administration’s spending to pay for the ACA was unconstitutional, as a “historic win for the Constitution and the American people.”
 
Unsurprisingly, White House Press Secretary Josh Earnest has made it clear that a formal Justice Department appeal of this “unprecedented” lawsuit is not far off, stating that “Republicans have… been losing this fight for six years, and they'll lose it again." The D.C. Circuit Court of Appeals would face unique questions of substance and standing in this case, which calls upon the judiciary to settle a dispute between the legislative and executive branches.
 
Although Judge Collyer stated that she would stay her ruling pending an appeal, and thus the decision does not change anything yet, if it were to stand on appeal then a major source of ACA funding would be eliminated, and the entire structure of the system and the Exchanges could be in serious jeopardy.
 
Contributed by: Jess LeDonne
 
 

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