House to Vote on ObamaCare Lawsuit

07/10/14

By Hadley Heath Manning

Republicans in the House of Representatives will vote in late July about a potential lawsuit challenging President Obama's executive actions, specifically related to the enforcement of the Affordable Care Act (or ObamaCare).  Roll Call reports:

The administration has delayed key deadlines in the law’s implementation, for instance the mandate that employers provide health coverage to their employees.

Earlier this year, the administration also quietly changed provisions in the law making billions of taxpayer dollars available as risk insurance in case companies lose money by providing coverage through the Affordable Care Act.

Targeting the health care law would be in keeping with Republicans’ political narrative, and if the law is unpopular nationwide, doing so would have little political downside. But questions remain about whether any case would pass muster in the courts, and the administration has argued that the Treasury Department has the authority to provide transition relief when implementing new legislation.

Jonathan Turley, a professor of law at The George Washington University Law School, said Republicans could find the best chance to have their case heard if it targets the Affordable Care Act, particularly because language negotiated by Congress has been changed by the administration, opening up a balance of powers question.

 

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