219:
provided by act of
Congress. Judge Collyer criticized the government's arguments in favor of the cost-sharing reimbursements as "most curious and convoluted", adding its "mother was undoubtedly necessity". She did, however, conclude that Congress had in fact authorized that program to be created. The judge also found that Congress had provided authority to cover the spending for the tax credits to consumers who use them to help afford health coverage.
280:. Obama responded to the plan to authorize a lawsuit against him, "Everyone sees this as a political stunt, but it’s worse than that because every vote they’re taking ... means a vote they’re not taking to help people." Some prominent conservatives have ridiculed the lawsuit as being wasteful "political theater" and a "foolish move", while others criticized it for not going far enough, preferring to press for impeachment.
149:(where Congress is physically located), or in a district that is politically hostile to Obama, on the theory that a lawsuit brought on behalf of the House could be brought where any House member lives. It was noted, however, that conservative judges tend to construe standing issues narrowly, and would therefore be more likely to dismiss the case. The case was ultimately filed in the District of Columbia.
145:
Representatives retained the services of David Rivkin at a rate of $ 500 per hour with a cap of $ 350,000 for work on the lawsuit until
January 2015. It was speculated that because the delay of the employer mandate will end by January 2015, the lawsuit, if filed, will likely become moot by then. It was speculated that the plaintiff would choose to file either in the
144:
were from
Republicans, while 5 Republicans voted with 196 Democrats in opposition. The vote authorized the initiation of "litigation for actions by the President or other executive branch officials inconsistent with their duties under the Constitution of the United States". On August 25, the House of
84:
ruled that the cost-sharing program was unconstitutional for spending money that has not been specifically provided by an act of
Congress, but concluded that Congress had in fact authorized that program to be created. The judge also found that Congress had provided authority to cover the spending for
300:
of $ 1.1 million". The orthodontist's lawsuit was dismissed in
January 2014 for "lack of standing", but opening arguments for an appeal in the United States Court of Appeals for the Eleventh Circuit began on October 14, 2014. Kawa and Judicial Watch, like the backers of the House resolution, oppose
200:
The Obama administration challenged the plaintiff's lawsuit on the issue of standing, and asked that the lawsuit be dismissed. On
September 9, 2015, Judge Collyer ruled that the House of Representatives does not have standing to sue secretaries Burwell and Lew for improperly amending the healthcare
231:
On
December 5, 2016, the United States Court of Appeals for the District of Columbia Circuit stayed further proceedings in the case at the request of the House of Representatives. Motions to govern further proceedings in the case were due February 21, 2017. The case was subsequently stayed further
244:
On
December 15, 2017, a settlement was agreed to which dismissed the appeal and dissolved the injunction of the lower court. In effect, it left in place the decision that the House had the standing to bring the suit, but would prevent it from being binding in future such cases, and eliminated the
275:
Observers noted that
Republicans had previously pressed for legislation to delay both the employer and individual mandates the previous year, and that the day after voting to sue the President for what he saw as ignoring a law passed by Congress, Boehner called on the President to act on his own
218:
of the case, saying that the cost-sharing program under the
Affordable Care Act, as implemented since January 2014, has been spending money that Congress did not approve. Such spending was unconstitutional because no money can be taken out of the federal treasury if it has not been specifically
296:, filed a similar lawsuit against President Obama in October 2013, claiming that he has "spent time and money to prepare for the Jan. 1, 2014" deadline for the employer mandate. Kawa claimed to have spent "100 hours preparing for the employer mandate", with an estimated "
205:
have standing to pursue the claims that the secretaries violated the Constitution by spending funds Congress did not appropriate. The Obama Administration vowed to appeal the ruling, calling it "unprecedented", and describing the case as "just another partisan attack".
283:
Prior to the filing of the lawsuit, legal experts said that the lawsuit would likely fail for any of several different reasons, including lack of standing, presidential leeway to enforce laws, no easy legal remedy, and "impeachment" being a more applicable action.
324:
991:(July 30, 2014): "The House of Representatives passed a bill Wednesday granting House Speaker John Boehner the authority to sue President Barack Obama, marking the first time the legislative branch has endorsed such a lawsuit".
222:
Judge Collyer enjoined reimbursements under the ACA until a valid appropriation was in place, but stayed the injunction. Accordingly, the subsidies were allowed to continue, pending appeal, which was filed on July 16, 2016.
1008:(July 30, 2014), stating: "The House vote to sue President Obama is the first such legal challenge by a chamber of Congress against a president and a historic foray in the fight over constitutional checks and balances".
76:
of the Affordable Care Act and also addressed "Republican opposition to an estimated $ 175 billion in payments to insurance companies over the next 10 years as part of a cost-sharing program under the healthcare law."
86:
1092:
1194:
146:
140:
to move forward with a lawsuit to force the President to impose penalties on companies who failed to provide health care coverage for their employees. All 225 votes in favor of filing the
66:
164:
1128:
301:
the Affordable Care Act and have said they believe the law should be vigorously enforced to accelerate its failure. On July 29, 2014 Robert Muise filed a similar case for the
470:
232:
with status updates every three months. On August 1, 2017, the appeals court granted a request from 17 states plus D.C. to intervene in the lawsuit and held the case in
109:. The lawsuit was authorized to challenge the actions by the President or other executive branch officials inconsistent with their duties under the Constitution, under
85:
the tax credits to consumers who use them to help afford health coverage. The judge enjoined further cost-sharing payments, but stayed the order pending appeal, to the
260:
as an institution has brought a lawsuit against a president over enforcement of the law", and the vote described as "a historic foray in the fight over constitutional
152:
After the first two law firms hired to file the suit quit, the House GOP leadership was said to be exploring other options. On November 18, 2014, it was reported that
98:
1184:
114:
110:
73:
62:
447:
488:
Providing for authority to initiate litigation for actions by the President inconsistent with his duties under the Constitution of the United States
1189:
171:
163:
The House filed suit on November 21, 2014, one day after President Obama issued executive orders on immigration reform. The named defendants were
157:
122:
51:
1204:
1199:
701:
272:. The commentators also believed that on its merits the lawsuit had many shortcomings, and legal experts said that it was likely to fail.
181:
that Obama issued on immigration, but the scope of the lawsuit was not expanded (the immigration issue ultimately became a separate case,
1018:
963:
319:
245:
injunction that prohibited the cost-sharing reduction payments so that a future administration could theoretically resume the payments.
912:"ACA Round-Up: Court Blocks New Contraceptive Coverage Rules; CSR Case Settlement; Final Tax Bill Released; Open Enrollment Closes"
487:
374:
349:
277:
641:
422:
265:
501:
743:
683:
55:
654:
183:
248:
The Trump administration had previously decided to voluntarily terminate the cost-sharing reduction payments in October.
550:
177:, as well as the departments that they oversaw. Republicans discussed expanding the scope of the lawsuit to include the
1066:
269:
1132:
572:
1001:
782:
396:
591:
667:
1110:
1039:
757:
617:
72:, and asserted that President Obama exceeded his constitutional authority in delaying the implementation of the
808:"Court Stays Cost-Sharing Reduction Payment Case, Giving Control To New Administration And Congress (Updated)"
117:, providing a detailed four-part "roadmap" outlining how she believed the House could obtain "institutional"
911:
718:
938:
292:
Florida orthodontist and Republican political activist Larry Kawa, and conservative legal advocacy group
483:
466:
439:
214:
On May 12, 2016, Judge Collyer granted summary judgment in favor of the House of Representatives on the
102:
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859:
833:
807:
257:
1097:
261:
113:, to "take care that the laws be faithfully executed." Foley testified in February 2014 before the
81:
354:
314:
137:
264:". Political commentators speculated that the proposal of a lawsuit was designed to supplant
968:
919:
893:
886:"The Latest Motion In House v. Price Has A Significant Impact On The Future Of CSR Payments"
867:
841:
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302:
297:
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178:
153:
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of a challenge based on the President's asserted failure to faithfully execute the law.
834:"Parties Ask Court To Keep Cost-Sharing Reduction Payment Litigation On Hold (Updated)"
293:
167:
118:
923:
897:
871:
860:"Insurers, Marketplaces Face Uncertainty As Parties Seek Further House v. Price Delay"
845:
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121:
to assert an institutional injury. Her subsequent testimony, in July 2014, before the
1178:
305:
against President Obama. In May, 2015, the case was dismissed for lack of standing.
761:
622:
69:
58:
1067:"GOP Tells Obama to Ignore Congress One Day After Suing Him for Ignoring Congress"
215:
126:
530:
17:
1129:"House Bills Taxpayers for Lawsuit as Similar, Privately Funded Case Unfolds"
471:
Enforcing the President's Constitutional Duty to Faithfully Execute the Laws
174:
325:
Constitutional challenges to the Patient Protection and Affordable Care Act
54:
sued departments and officials within the executive branch, asserting that
125:, provided further detail about her legal theory on both standing and the
671:
576:
452:
233:
739:
United States House of Representatives v. Sylvia Mathews Burwell, et al.
697:
United States House of Representatives v. Sylvia Mathews Burwell, et al.
723:
141:
1111:
Why experts see little hope for GOP plan to sue Obama over law's delay
87:
United States Court of Appeals for the District of Columbia Circuit
1019:"Sarah Palin says 'Impeach Obama!' but other Republicans flinch"
201:
law. Judge Collyer also ruled that the House of Representatives
1093:
Obama on GOP lawsuit: ‘Everyone sees this as a political stunt’
256:
The action was noted to be "the first time either the House or
1147:"Orthodontist takes Obamacare fight to federal appeals court"
1002:
GOP-led House votes to sue Obama in first-of-its-kind lawsuit
719:"U.S. judge rules Republicans can pursue Obamacare lawsuit"
375:"House Republicans sue President Obama over healthcare law"
89:. The case ended in a settlement before the Circuit Court.
783:"United States House of Representatives v. Burwell, et al"
684:
House Republicans Sue Obama Administration Over Health Law
637:
United States House of Representatives v. Burwell, et al.
147:
United States District Court for the District of Columbia
32:
United States House of Representatives v. Azar, et al.
674:; Josh Gerstein and Lauren French; November 21, 2014.
590:
Gerstein, Josh; Haberman, Maggie (October 29, 2014).
573:"Boehner's Bet: Lawsuit Will Quiet Impeachment Calls"
448:
Can Obama's Legal End-Run Around Congress Be Stopped?
964:
House Votes to Move Forward on Lawsuit Against Obama
1040:"White House: GOP voted to delay Obamacare mandate"
1195:United States House of Representatives resolutions
592:"More turmoil for House GOP lawsuit against Obama"
655:"House GOP sues White House over health care law"
566:
564:
397:"Judge: Billions spent illegally on ACA benefits"
618:GOP hires legal scholar to oversee Obama lawsuit
350:House Votes to Sue Obama for Overstepping Powers
276:(despite inaction by Congress) to deal with the
939:"Trump ends health care cost-sharing subsidies"
423:"The Lawyers Behind the Lawsuit Against Obama"
61:acted illegally in his implementation of the
8:
544:
542:
540:
160:had been hired to prosecute the litigation.
1161:American Freedom Law Center v. Barack Obama
983:House Grants Boehner Authority to Sue Obama
531:"Final vote results for roll call vote 468"
390:
388:
386:
384:
937:Kevin Liptak; Tami Luhby; Phil Mattingly.
368:
366:
364:
63:Patient Protection and Affordable Care Act
712:
710:
268:, based on Boehner's experience with the
111:Article II, section 3 of the Constitution
97:The chief architects of the lawsuit were
373:Mai-Duc, Christine (November 21, 2014).
717:Dunsmuir, Lindsay (September 9, 2015).
336:
158:George Washington University Law School
551:"House Hires Lawyer for Obama Lawsuit"
525:
523:
502:"House GOP Moves Ahead on Suing Obama"
165:Secretary of Health and Human Services
52:United States House of Representatives
1185:United States constitutional case law
549:Newhauser, Daniel (August 25, 2014).
344:
342:
340:
7:
756:Haberkorn, Jennifer (May 12, 2016).
686:; New York Times; November 21, 2014.
320:Appropriations bill (United States)
1127:Nelson, Steven (August 27, 2014).
1065:Berman, Russell (August 1, 2014).
758:"House GOP wins Obamacare lawsuit"
704: (D.C. September 9, 2015).
644: (D.C. November 21, 2014).
25:
1117:; David G. Savage; July 19, 2014.
924:10.1377/forefront.20171215.665944
898:10.1377/forefront.20170802.061363
872:10.1377/forefront.20170522.060217
846:10.1377/forefront.20170221.058882
820:10.1377/forefront.20161205.057823
746:, 13 (D.C. May 12, 2016).
571:Hawkings, David (July 11, 2014).
132:On July 30, 2014, the House by a
500:CASSATA, DONNA (July 10, 2014).
395:Denniston, Lyle (May 12, 2016).
278:2014 American immigration crisis
99:Florida International University
266:efforts to impeach Barack Obama
1190:2014 in United States case law
962:Billy House and Matt Berman, "
1:
1168: (D.C. May 15, 2015).
1038:Acosta, Jim (July 11, 2014).
668:House files Obamacare Lawsuit
65:. The lawsuit was touted by
50:) was a lawsuit in which the
1205:Affordable Care Act lawsuits
1200:113th United States Congress
1133:U.S. News & World Report
421:Ian Tuttle (July 5, 2014).
303:American Freedom Law Center
270:impeachment of Bill Clinton
1221:
196:Motion to dismiss lawsuit
156:, a law professor at the
136:of 225 to 201 approved a
115:House Judiciary Committee
236:until October 30, 2017.
1091:Zachary A. Goldfarb, "
473:" (February 26, 2014).
184:United States v. Texas
484:Elizabeth Price Foley
482:Written Statement of
467:Elizabeth Price Foley
440:Elizabeth Price Foley
172:Secretary of Treasury
123:House Rules Committee
103:Elizabeth Price Foley
1000:Michael A. Memoli, "
814:. December 5, 2016.
626:(November 18, 2014).
210:Ruling on the merits
80:U.S. District Judge
1098:The Washington Post
456:(January 15, 2014).
348:Jeremy W. Peters, "
262:checks and balances
227:Stay of proceedings
82:Rosemary M. Collyer
508:. Associated Press
490:" (July 16, 2014).
355:The New York Times
315:Authorization bill
1166:No. 14-1143 (RBW)
1115:Los Angeles Times
744:No. 14-1967 (RMC)
702:No. 14-1967 (RMC)
138:simple resolution
16:(Redirected from
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1101:(July 30, 2014).
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1027:. July 13, 2014.
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358:(July 30, 2014).
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298:opportunity cost
288:Similar lawsuits
179:executive orders
74:employer mandate
38:v. Price, et al.
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642:No. 14-cv-01967
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47:Burwell, et al.
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598:. POLITICO LLC
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1021:. Editorial.
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1075:. Retrieved
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792:February 10,
790:. Retrieved
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765:. Retrieved
762:Politico.com
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600:. Retrieved
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595:
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510:. Retrieved
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406:February 10,
404:. Retrieved
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70:John Boehner
59:Barack Obama
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35:(previously
31:
30:
29:
1044:www.cnn.com
602:October 31,
105:and lawyer
1179:Categories
1073:. The Wire
401:SCOTUSblog
331:References
240:Settlement
1077:August 1,
948:April 17,
252:Reactions
175:Jacob Lew
56:President
1050:July 11,
1006:LA Times
918:. 2017.
892:. 2017.
866:. 2017.
840:. 2017.
672:Politico
577:Politico
512:July 10,
453:Politico
309:See also
234:abeyance
119:standing
767:May 12,
724:Reuters
191:Rulings
142:lawsuit
93:History
27:Lawsuit
1164:,
787:Justia
742:,
700:,
640:,
258:Senate
216:merits
127:merits
1046:. CNN
1079:2014
1052:2014
988:Time
950:2018
794:2017
769:2016
604:2014
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