Obamacare

House GOP Files Suit Against Obamacare Implementation

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Republicans in Congress, led by Speaker John Boehner, have been promising to sue President Obama over implementation of the Affordable Care Act for months, and now they've officially done it. 

As expected, the suit takes aim at the administration's multiple delays of the health care law's employer mandate, which, as I've written before, is almost certainly illegal.

It also challenges the $175 billion in expected spending on cost-sharing under the law—federal funds paid to insurers to offset some out of pocket health care costs for lower income individuals. The suit argues that no funds were appropriated for cost-sharing expenses, and that the payments being made by the administration are therefore illegal. 

This part of the challenge wasn't revealed until today, and there's been very little discussion of it up to now. 

Republicans had some trouble finding an attorney to take the case; the first two lawyers hired by Boehner quit the case before the challenge was filed. Earlier this week, however, Boehner announced that he had hired George Washington University Law Professor Jonathan Turley, a longtime critic of expansive executive power, to handle the case. 

You can view the complete complaint below.

House v Burwell (D D C )—Complaint (FILED) (1)

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  1. OK, Peter, here’s my question:

    How can the President’s exercise of discretion to waive enforcement of some provisions of the ACA be probably illegal, but

    the President’s exercise of discretion to waive enforcement of some provisions of the immigration laws be probably legal?

    1. Oh. Snap.

    2. Just as a proposal-not necessarily an airtight case just a ‘gist of it’:

      ACA = unconstitutional

      Immigration laws = unconstitutional

      1. Did you put an extra “un” in there?

        1. No. The immigration laws Obama is *not* enforcing are unconstitutional. The ACA Obama is *modifying* ad hoc is also unconstitutional. I am sleep deprived so the distinction I meant to grok was perhaps the different nature of what Obama is doing in each case.

          1. If both laws are unconstitutional, then we’re not closer to figuring out why refusing to enforce one is legal and refusing to enforce the other is illegal.

            Also, the reasons why he is refusing to enforce various laws matter.

            Obama has never said that either ObamaCare or the immigration laws are unconstitutional. So its really a total non-factor.

  2. If your political blog experiences an immigration boner lasting more than 10 posts, please consult a qualified physician. Or Lonewhacko.

    *shrugs*

    1. I thought that SugarFree or Warty would be the go-to posters for anything referencing boners.

  3. Boehner’s face is almost the same color as the gavel.

    1. And the chair behind him. Maybe he is made of Rich Corinthian Leather?

      1. “FINE Corinthian leather.”

        My drug deal….er….my roommate back in the day had a Chrysler Cordoba. Black with a red CORINTHIAN LEATHER interior. Was actually a pretty nice sled…

        1. I know that “fine” is what he said in the commercial, but it’s been misquoted so often as “rich” that I think we need to recon that puppy. Also, “rich” sounds better in that sentence.

            1. Preemptive nerd defense. Wisely done.

  4. I gave it a quick read – pretty decent tack, going the Appropriation route. Should make for some fun argument from the Solicitor General, considering that office’s rather shabby record as of recent times.

  5. Good to see the stupid party is being smart. Maybe they’ll be smart enough to pursue this route instead of the obvious trap Obama has set for them on immigration.

  6. I think this is a mistake that Team Stupid will rue. If they were smart enough to rue something later.

    But we’ll see.

  7. Boehner announced that he had hired George Washington University Law Professor Jonathan Turley, a longtime critic of expansive executive power, to handle the case.

    Excellent news, and Turley is an outstanding choice.

    Like I said this morning, this is our best and only chance to stop this maniac: with the help of the judiciary.

    They have already smacked him down a bunch of times, and hopefully that will continue.

    1. Yeah, the choice of Turley was doubleplusgood. Surprised he wasn’t their original go-to, but they probably wanted somebody more partisan.

  8. Oh, great alt-text. Too bad it has the wrong guy’s picture underneath it.

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