VIA| We have just learned that a federal judge as ruled the Obama Administration has been illegally funding a key provision of ObamaCare, specifically the subsidies that keep the law alive.
The judge will allow the subsidy program to continue, pending appeal. If the ruling stands, it would be a significant financial blow for the millions of low-income Americans who benefit from cost-sharing subsidies, which help people pay for health care services.
Also from The Washington Times:
The order by U.S. District Court Judge Rosemary Collyer, presiding in Washington, says the administration should stop doling out the Affordable Care Act’s “cost-sharing” payments to insurers until it gets an appropriation from Congress.
However, she stayed that order pending a likely appeal by the administration.
The cost-sharing program reimburses insurers who have reduced co-pays and deductibles for qualified Obamacare enrollees as a condition of participating in the state-based health care exchanges.
GOP lawmakers say Congress never authorized spending for the program, and indeed zeroed out funding for it, so Mr. Obama was breaking the law and violating Congress’ constitutional power of the purse by continuing to disburse the funds.
The administration has argued it hasn’t done anything wrong, citing in both cases a permanent appropriation that also covers Obamacare’s exchange subsidies.
Judge Collyer, an appointee of President George W. Bush, said an appropriation for the cost-sharing program “cannot be inferred.”
“Authorization and appropriation by Congress are nonnegotiable prerequisites to government spending,” she wrote.