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I am not sure if anyone else had trouble with the resource link as I have but it was a challenge attempting to locate the correct case. Blue Book Citation United States House of Representatives v. Price (formerly) House of Representatives v. Burwell, et al. Case No.14-cv-01967 (Harvard Law, 2015, page 136). Background In 2014, House Republicans filed a lawsuit against the Obama administration challenging the administration’s constitutional authority to allocate funds to health insurance companies under the ACA. The Affordable Care Act (also referred to as Obama Care) requires insurers participating in the health exchanges to reduce cost-sharing (out-of-pocket expenses) for enrollees with incomes 250% or lower of the Federal Poverty Level (“FPL”). In return, the Department of Health and Human Services (“HHS”) must reimburse the companies for these reductions. Currently, the federal government pays the funds from the Treasury. Within the suit, the House argued that Congress had never appropriated the money to pay the insurers. Under Article I § 9 of the Constitution (known as the “Appropriations Clause”), “[n]o money shall be drawn from the treasury, but in consequence of appropriations made by law.” This means that even when the government enacts a statute; it must also pass a law that appropriates funds to make the payment within the original statute. Affordable Care Act does not contain explicit language that authorizes an appropriation for the insurer subsidies. When Congress passed the Affordable Care Act, it linked premium subsidies to
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  • Fall '16
  • United States House of Representatives

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