Unsatisfied by the outcome of the first major lawsuit against the Affordable Care Act that was rejected by the Supreme Court, and also by the outcome of the second major lawsuit against the the Affordable Care Act that was rejected by the Supreme Court, Obama political opponents are pursuing a third major lawsuit against the Affordable Care Act, one that a federal district court judge ruled in favor of on Thursday. The suit, filed by Republicans in the House of Representatives, argues that the Obama administration is overstepping its bounds by providing certain cost subsidies that were authorized but (allegedly) not funded by the ACA bill. Judge Rosemary Collyer, a George W. Bush appointee, sided Thursday with the Republicans. From the Washington Post:
Under the law, insurers have to provide cost-sharing assistance to consumers who earn up to two-and-a-half times the federal poverty level, or $60,750 for a family of four. The government is then required to reimburse insurers for the cost of the subsidies. The administration maintains that the law authorizes the government to provide the money automatically, without going back to Congress for approval each year.
But Collyer rejected that argument, saying appropriating the money is up to lawmakers. “That is Congress’ prerogative,” Collyer wrote.
(Vox’s Sarah Kliff has a good explanation here of how the subsidies in question fit into the law as a whole.)
Collyer stayed her own ruling pending appeal; the administration is expected to file said appeal to, uh, the federal Court of Appeals. (The Court of Appeals for the District of Columbia Circuit, specifically.)
