House finally sues over implementation of health-care law; what actions are challenged?
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After finally finding a lawyer who wouldn’t quit, the U.S. House of Representatives on Friday filed a lawsuit challenging the Obama administration’s executive actions on the health-care law.
The suit challenges a delay of the employer mandate and payments to insurance companies, the New York Times reports. Named as defendants are the U.S. Department of Health and Human Services and the Treasury Department.
Earlier this week, George Washington University law professor Jonathan Turley agreed to take on the lawsuit after two law firms in succession agreed to represent the House, then withdrew.
One claim in the suit challenges the administration’s decision to delay a provision requiring large employers to pay for health insurance for their employees, the Times says. Companies with 50 to 99 employees aren’t subject to the requirement until 2016, while large companies don’t have to comply until 2015. Employers that don’t pay will be subject to a penalty.
The second claim concerns the administration’s plans to pay about $175 billion to insurance companies under the law, according to the Times. Congress has not appropriated the money for the so-called cost-sharing reductions, which reduce co-payments, deductibles and other costs for lower income people.
“One fundamental tenet of our divided-power system of government is that all legislative power is vested in Congress, and Congress alone,” the suit says. “Equally fundamental is the constitutional ban on the expenditure of any public funds by any branch of the federal government, including the executive branch, absent enactment of a law appropriating such funds.”
The case, filed in Washington, D.C., federal court, is docketed on Pacer as U.S. House of Representatives v. Burwell. The suit is here (PDF).
