Judge reveals that Obama never received congressional approval for appropriation funding for the reimbursement of health insurers.
A federal judge ruled on 5/12 that the Obama Administration is spending money unconstitutionally in order to reimburse health insurance companies without congressional approval for the appropriation of federal funds.
The LA Times reported that although the ruling was a “setback” for the administration – it “stands a good chance of being overturned on appeal.”
Republicans in the House claimed in a 38-page report that President Obama circumvented constitutional limits on the authority of the executive branch by reimbursing health insurers using an appropriation of funds that did not come from congress.
The U.S. Constitution reads:
“No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.”
Judge Rosemary Collyer concluded that paying out Sec. 1402 reimbursements without congressional appropriation is unconstitutional.
“Congress is the only source for such an appropriation and no public money can be spent without one,” Collyer wrote.
The president has left a legacy of operating on his own terms while ignoring the separation of powers within government. Some representatives in Washington are finally attempting to curtail his raw power grab but their efforts will likely be stymied by an appeal that could restart this process from square one.