Today a Federal judge, an Obama judge, agreed with the President and refused to issue an emergency order to force the President to pay the subsidies. The judge found that there was no emergency and the President doesn’t have to pay the subsidies.
U.S. District Court Judge Vince Chhabria ruled Wednesday against the emergency order to require that the payments continue to be made while a lawsuit filed by 18 states and the District of Columbia over the so-called cost-sharing reduction payments works its way through the courts, Politico reported.
The judge ruled that the states are prepared and lower income recipients stand to benefit.
Democrats and a few RINO Republicans said bailing out the insurance companies was necessary in order to stabilize the insurance markets.
The actual case should go the same way since it is an unconstitutional requirement. The way the law was written, Congress failed to appropriate the funds – by choice.
Section 1402 of Obamacare requires insurance companies to reduce deductibles, copayments, and other similar payments for lower-income consumers and then says that the federal government will reimburse the insurers for their losses. However, the law didn’t specifically appropriate any money to fund these payments. That violated Article I, Section 9 of the Constitution which requires they do exactly that.
President Trump is trying to bring us back to the rule of law.