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House Files
Litigation Over President's Unilateral Actions on Health Care Law
WASHINGTON, DC -- Congressman John Boehner (R-West Chester) today
announced that the House of Representatives – consistent with the
House-passed resolution H.Res. 676 – has filed litigation over
President Obama’s unilateral actions on his health care law:
“Time after time, the president has chosen to ignore the will of the
American people and re-write federal law on his own without a vote of
Congress. That’s not the way our system of government was
designed to work. If this president can get away with
making his own laws, future presidents will have the ability to as
well. The House has an obligation to stand up for the
Constitution, and that is exactly why we are pursuing this course of
action.”
NOTE: On July 30, 2014, the House of Representatives passed a
resolution authorizing the House of Representatives to initiate
litigation to challenge President Obama’s decision to unilaterally
change various provisions of the health care law. The suit filed
today against the Health & Human Services (HHS) and Treasury
Secretaries will address two Executive Branch actions:
• Unlawfully Waiving the Employer Mandate. The House is
challenging the president’s unilateral decision to twice waive the
health care law’s employer mandate and the penalties for failing to
comply with it without going through Congress. The president’s
actions delaying the employer mandate directly contradict the clear and
plain language of the health care law.
• Illegally Transferring Funds to Insurance Companies. The
House is also challenging the administration’s unlawful giveaway of
approximately $175 billion to insurance companies under
ObamaCare. According to the Congressional Budget Office (CBO),
the administration will pay approximately $3 billion to insurance
companies in FY 2014, and is scheduled to make payments of some $175
billion over the next 10 years to insurance companies under an
HHS-based, ObamaCare cost-sharing program even though Congress has
never appropriated funds for the program. The administration is
instead unlawfully and unconstitutionally using funds from a separate
Treasury Department account – authorized for other purposes – to pay
insurance companies and thereby unilaterally altering the structure of
the health care law.
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