Conservatives everywhere are rejoicing this week after a federal judge struck down a major section of Obamacare that allows the federal government to subsidize costs for insurance plan enrollees.
According to Western Journalism, U.S. District Judge Rosemary Collyer ruled on Thursday that the Obama administration does not have the power to spend money on what they call “cost sharing reduction” payments without first securing approval from congress. Obama’s White House is expected to appeal.
Because of the upcoming appeal, however, the judge had little choice but to allow Obamacare’s operation to continue unchanged until the appeal process ends.
This came after House Republicans filed a lawsuit claiming that this section of Obamacare was unconstitutional because it involved claiming subsidies paid to insurance companies so they, in turn, lower costs for people enrolled under it. GOP leaders claimed that Obama could not spend this money since Congress never approved it.
In court, the Obama administration cited a section of law that funds tax credits to help people pay for coverage in justifying their actions. However, Collver ruled that cost-sharing reductions require a separate congressional appropriation.
“Such an appropriation cannot be inferred,” Collyer wrote. “None of Secretaries’ extra-textual arguments — whether based on economics, ‘unintended’ results, or legislative history — is persuasive. The Court will enter judgment in favor of the House of Representatives …”
“Authorization and appropriation by Congress are non-negotiable prerequisitesto government spending,” she wrote.
We’re glad to see Obamacare come one step closer to getting struck down altogether. What do you think about this? Let us know your thoughts in the comments section.