The Obama Administration has filed its expected Motion to Dismiss in the challenge by the United States House of Representatives v. Burwell. As many of you know, I am lead counsel in the action. We posted our complaint earlier and I have posted the motion of the Administration below.
The effort by the Administration to seek the dismissal of the action was anticipated and we will be filing an opposition memorandum clearly laying out the right of the House of Representatives to be heard in federal court. We do not believe that the Administration will be successful in its effort to avoid consideration of the merits of this constitutional challenge. However, in deference to the Court, we will confine our specific response to our filing before Judge Collyer.
United States House of Representative v. Burwell