Federal Judge cites U.S. constitution and it's immediately slapped down
A federal judge ruled for House Republicans on Thursday in their suit againstPresident Obama and declared his administration is unconstitutionally spending money to reimburse health insurers without obtaining an appropriation from Congress.
The judge's ruling, though a setback for the administration, was put on hold immediately and stands a good chance of being overturned on appeal...
The Constitution says "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law," said Judge Rosemary Collyer, yet the administration has continued to pay billions to insurers for their extra cost of providing coverage for low-income Americans.
"Paying out Sec. 1402 reimbursements without an appropriation thus violates the Constitution," she wrote. "Congress is the only source for such an appropriation, and no public money can be spent without one."
24 comments:
As I understand it the judge put in the stay herself. Someone explained that either the judge could issue the stay or the administration could have gone to the appeals court to get a stay.
If it is likely to be overturned it seems smart to not upset everything. So it is seems reasonable don't you think?
Why say it's unconstitutional then?
It either is or it is not.
If it is likely to be overturned it seems smart to not upset everything.
The greater harm comes from the degradation of the Republic.
Once Roberts, that naughty boy, gets the case, we know precisely what will happen.
That liberal Turley represented Republicans in Congress on this. Hopefully it's OK and not disloyal to mention that fact.
Well Lem I think it is the difference between a realist and an ideologue. Look nobody is more against abortion on this site than I am. But if a judge overturned Roe v Wade on his own hook I would want a stay until the appeals court took it up. Let me give you a different example. When that judge overturned the same sex marriage prohibitions don't you think it would have better to have a stay until it was litigated. Or if a judge decides to overturn the concealed carry laws as many liberal judges are itching to do. Don't you think it would be best to stay that order until it is brought up through the process. So they don't start seizing guns until the ruling is overturned.
An ideologue like Ted Cruz would say no this is what must be done and it must be done right now. Which is a valid course of action. Judge Roy Moore in Alabama does that. He just got suspended and might even get disbarred. An realist takes a stand and rules on what he thinks the law is. But he has to take into account real life circumstances. He has to consider the effect of his ruling on everyday people. Or at least he should. Don't you think?
I may be stupid but how do they spend money that has not been legally and properly authorized? Does everyone get a bunch of blank checks when they are elected president?
I recommend we either take back the checkbooks or cut off their hands- their choice.
Whatever. We are screwed no matter what.
I agree with that. Obama just does not obey the law. I think it is problematic for a judge to issue an order that he knows will not be obeyed. Maybe she doesn't have the intestinal fortitude to hold the President in contempt. What evidence do we have that she will be backed up if she issued the order. That this lawless President would obey it.
We are just playing out the game until the final whistle. She fell on the ball to run out the clock. She is on the record. We will find out in the next administration.
President Trump can't come soon enough.
AJ Lynch said...
I may be stupid but how do they spend money that has not been legally and properly authorized?
They don't, but we have an outlaw Administration that's either blackmailing or bribing people to get what it wants.
This is why the Reign of Terror was just warming up when Louis and Marie bought it. If you're going to rid yourself of a corrupt regime, you can't be a nice guy and you don't stop with just the top people.
As someone once said, "Once you start, you have to be prepared for killing and more killing and more killing after that until the reason for the killing is gone".
Trump likes single payer. Said so. Then again, the man likes Hillary and she likes single payer. Single payer will ruin this nation in total.
Obama must raid the treasury to pay-off the top 8 big insurance companies - TO SAVE FACE. O-hole-care is a democrat-written one-party-crap sandwich. The intent (see Gruber) was to deceive and to stuff democrat big-8 corporation crony coffers with a feather in Obama's cap.
Obama and his corrupt media cannot possibly look bad.
The insurance premium just for me went from :
406.40 in 2012
426.10 in 2013
488.90 in 2014
586.60 in 2015
So it went up 44% in three years and every year I try to keep the premium lowest by opting for the highest deductible the law allowed - which is now only $5,000 due to Obamacare.
AJ, And the premiums will increase much more just a week before the election on 11/1/16.
Wait a minute, AJ, you were supposed to save $2,500.
Well, that should be just another incentive to throw out the Demos, now shouldn't it?
AprilApple said...
Trump likes single payer. Said so.
That was long years ago. Your guys lost. Get with the program.
Completely repeal Obamacare. Our elected representatives must eliminate the individual mandate. No person should be required to buy insurance unless he or she wants to.
Modify existing law that inhibits the sale of health insurance across state lines. As long as the plan purchased complies with state requirements, any vendor ought to be able to offer insurance in any state. By allowing full competition in this market, insurance costs will go down and consumer satisfaction will go up.
Allow individuals to fully deduct health insurance premium payments from their tax returns under the current tax system. Businesses are allowed to take these deductions so why wouldn’t Congress allow individuals the same exemptions? As we allow the free market to provide insurance coverage opportunities to companies and individuals, we must also make sure that no one slips through the cracks simply because they cannot afford insurance. We must review basic options for Medicaid and work with states to ensure that those who want healthcare coverage can have it.
Allow individuals to use Health Savings Accounts (HSAs). Contributions into HSAs should be tax-free and should be allowed to accumulate. These accounts would become part of the estate of the individual and could be passed on to heirs without fear of any death penalty. These plans should be particularly attractive to young people who are healthy and can afford high-deductible insurance plans. These funds can be used by any member of a family without penalty. The flexibility and security provided by HSAs will be of great benefit to all who participate.
Require price transparency from all healthcare providers, especially doctors and healthcare organizations like clinics and hospitals. Individuals should be able to shop to find the best prices for procedures, exams or any other medical-related procedure.
Block-grant Medicaid to the states. Nearly every state already offers benefits beyond what is required in the current Medicaid structure. The state governments know their people best and can manage the administration of Medicaid far better without federal overhead. States will have the incentives to seek out and eliminate fraud, waste and abuse to preserve our precious resources.
Remove barriers to entry into free markets for drug providers that offer safe, reliable and cheaper products. Congress will need the courage to step away from the special interests and do what is right for America. Though the pharmaceutical industry is in the private sector, drug companies provide a public service. Allowing consumers access to imported, safe and dependable drugs from overseas will bring more options to consumers.
Thank you, edutcher. Sometimes you just have to draw a picture for some people to understand.
Glad to do it.
FWIW His positions on the major issues are on his website.
PS Good Surber piece on the fact the One True Ted is the lying sneak many of us knew him to be. His people are still poaching delegates.
If you live in a state that still has a primary (WA, OR, CA, NJ, SD, NM, or MT), pull the lever for Trump and put this clown out of our misery.
Someone stole those strawberries!
FU Ed-ache.
Ed-Ache works for Hillary.
Too bad all I do is tell the truth. And, if April wants to put a halt to her hissy fit long enough, she'll see Trump is the one who abides by the will of the people. And the One True Ted is a lying sneak.
But I do hope Lem has seen this little exchange.
I just want him to be aware of who the bad actress is.
No Ed- You're a moron.
ah - poor wittle Ed-ache -
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