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Court Rejects Justice Department Plan to Avoid the Merits of House’s Obamacare Lawsuit

Yesterday Judge Collyer rejected the Justice Department’s motion to certify for interlocutory appeal her ruling that the House has standing to pursue its claim that the Obama administration has illegally spent billions of dollars in “cost-sharing” payments to insurance companies under the Affordable Care Act. The Justice Department had candidly admitted that it wanted an immediate appeal in part to avoid the “potential political ramifications” of an adverse judgment on the merits, which it seems to fully expect. See DOJ Reply Brief at 7.

The court, however, apparently did not think that saving the administration from the political embarrassment of a loss on the merits was a valid reason for certification. Instead, it emphasized that allowing an immediate appeal was unnecessary because the merits of the case can be resolved quickly. The “facts are not in dispute,” the court notes, and “[d]ispositive motions can be briefed and decided in a matter of months—likely before an interlocutory appeal could even be decided.”

The judge set an aggressive briefing schedule that will be complete by January 18. As much as the administration would like to avoid the question of where it got the legal authority to spend billions of taxpayer dollars, it better start thinking of its defense.

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