rosemary collyer 9 9 15Paul Gordon Collier-  A Federal Judge, Rosemary M. Collyer, has ruled that the US House can forward in some of its claims in its lawsuits leveled at the Obama adminstration over the Affordavle Care Act, or Obamacare.  In a 43-page ruling the Judge stated, in part, “Despite its potential political ramifications, this suit remains a plain dispute over a constitutional command, of which the judiciary has long been the ultimate interpreter.  The court is also assured that this decision will open no floodgates, as it is inherently limited by the extraordinary facts of which it was born.”

Majority Leader John Boehner stated, “[This] historic overreach can be challenged by the coequal branch of government with the sole power to create or change the law. The House will continue our effort to ensure the separation of powers in our democratic system remains clear, as the Framers intended.”

(Roll Call) – The House can pursue some constitutional claims in a lawsuit against the Obama administration over appropriations and implementing the health care overhaul law, a federal district judge ruled Wednesday.

What the Judge essentially ruled was that the House does have legal standing specifically regarding the $175 billion that will be spent over the next 10 years in the Affordable Care Act that was not authorized by the House.  The House lawsuit seeks to stop payments and have the courts declare the Presidential orders assigning that funding be declared unconstitutional.

Collyer was careful to point out that her ruling only addressed whether the lawsuit could go forward, not on the actual merits of the House lawsuit.

The House Attorney, Jonathan Turley, said,“Now will be heard on an issue that drives to the very heart of our constitutional system: the control of the legislative branch over the ‘power of the purse.’ We are eager to present the House’s merits arguments to the Court and remain confident that our position will ultimately prevail in establishing the unconstitutional conduct alleged in this lawsuit.”
Turley added, “The position would have sharply curtailed both the legislative and judicial branches. The Court has now answered that question with a resounding rejection of this extreme position,” he said.

 

 
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