House GOP wins ruling on Obama’s health law

WASHINGTON - A federal judge struck down a portion of President Barack Obama's signature Affordable Care Act health law Thursday, ruling that Obama exceeded his authority in unilaterally funding a provision that sent billions of dollars in subsidies to health insurers.

In a 38-page decision, U.S. District Judge Rosemary Collyer of the District of Columbia put her ruling on hold pending the administration's certain appeal. Her decision sided with the U.S. House of Representatives, which brought the lawsuit challenging more than $175 billion of spending after a party-line vote by House Republicans in July 2014.

The House GOP argued that the administration's decision to subsidize deductibles, co-pays and other 'cost-sharing” measures was unconstitutional because Congress rejected an administration request for funding in 2014. Obama officials said they withdrew the request and spent the money, arguing that the subsidies were covered by an earlier, permanent appropriation.

House Republicans have tried repeatedly, without much success, to repeal parts or all of the health care law, holding dozens of votes on the matter over the past five years. Thursday's ruling may represent their most significant victory yet in trying to dismantle the ACA. The ruling, if upheld, could undermine the stability of the program because of the added financial burden it would place on insurers, health policy experts said.

Under the ruling, in order for the subsidy payments to be constitutional, Congress would be required to pass annual appropriations to cover the costs of the subsidies.

At stake is whether the subsidy 'can nonetheless be funded through the same, permanent appropriation. It cannot,” Collyer wrote, referring to the provision in question.

'None of (the administration's) extra-textual arguments - whether based on economics, ‘unintended' results, or legislative history - is persuasive,” added Collyer, who was appointed to the bench in 2003 by George W. Bush.

The judge's logic drew a quick rebuke from White House press secretary Josh Earnest, who called the lawsuit a new low in the battle over the controversial health care law and predicted the ruling would be overturned by the courts.

'This suit represents the first time in our nation's history that Congress has been permitted to sue the executive branch over a disagreement about how to interpret a statute,” Earnest said.