The House Of Representatives Files Motion For Summary Judgment In ACA Challenge

800px-Capitol_Building_Full_ViewThis evening, the United States House of Representatives filed its motion for summary judgment in its lawsuit against the unilateral actions taken by the Administration under the Patient Protection and Affordable Care Act. Three months ago, Judge Rosemary Collyer rejected a motion to dismiss the case by the Administration. The motion below seeks a final ruling on the merits of the lawsuit.

The motion states the following grounds for relief:

“This case concerns Congress’s exclusive power of the purse: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law . . . .” U.S. Const. art. I, § 9, cl. 7. “[T]he facts [of the case] are not in dispute,” Order at 3 (Oct. 19, 2015) (ECF No. 51), including the fact that defendants have been paying to health insurance companies, since January 2014, billions of taxpayer dollars under a program (the “Section 1402 Offset Program”) created by the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119 (2010) (“ACA”), and the fact that those payments began after defendants formally asked Congress for a non-permanent appropriation to fund the Section 1402 Offset Program, and after Congress turned down defendants’ appropriations request.

The legal question now before the Court – the sole remaining question – is whether the billions defendants admit that they have “drawn from the Treasury” and paid to health insurance companies were “in Consequence of [any] Appropriation[] made by Law,” as required by the Constitution. The answer to that question is an unqualified no, notwithstanding defendants’ many and varied efforts over the past 18 months to fashion a justification for their Section 1402 Offset Program payments. Accordingly, plaintiff United States House of Representatives (“House”) is entitled to judgment as a matter of law. See Fed. R. Civ. P. 56(a).”

The Administration will now have an opportunity to file an opposition to the motion and the House will have an opportunity to file a response. The schedule established by the Court stipulates that the response from the Administration must be filed by January 4, 2016 and the House must file its reply by January 18, 2016.

The Administration also has the ability to file for summary judgment in its own favor. Any cross motion for summary judgment by the Administration must be filed today and any response from the House must be filed by January 4, 2016 and any reply to that cross motion must be filed by January 18, 2016.

Jonathan Turley
Lead Counsel for the United States House of Representatives
United States House of Representatives v. Burwell et al

 

Burwell.Summary Judgment

36 thoughts on “The House Of Representatives Files Motion For Summary Judgment In ACA Challenge”

  1. Not even close. But they contribute to it as do Soros and Gates. Keep guessing… it’s easier than thinking.

  2. For a tie breaker….What is the proper description or label in political science terms of the largest political party or power in the United States?

  3. Define conservative, liberal, right wing, left wing, extremists for both, where exactly is the center using the easiest landmark, and the most accurate definition of right wing obstructionest. Then the same for the left wing.Specify where the center is ‘not’ located.

    Name off oh. let’s make this easy 20 of the most commonn non existent rights cllaimed as such in the Constitution. What is the political name of the Twentieth century?
    /
    The political name of intentonally not voting is………..?

    Its other two names are? _____________ ___________________

    Who first accurately defined and proclaimed the failure of Keynesian Economics, in what terms?

    Define State Economics and it’s nearest neighbor?

    Who stated ………..cannot be taught it must be preached ….and why?

    What law is used to legally steal and change votes in the USA?

    Those who treat their ___________despicably end up with a __________that despises them. Who are those?

    Using a one word description of no more than two syllables what date is the national debt expected to reach zero?

    What is the one single label that defines the Affordable Health Care Act?

    The balanced budget with a surplus President finished his Presidency in Economic terms Oct 1st of what year and why?

    At that point, on the day of inauguration, and on election day (name all three, what was the increase or decrease in the national debt as compared to the same date 8 years earlier?

    If all federal land and all the gold in the treasury and all the ‘full faith and credit’ of the government were used to retire the national debt what would it stand at on Oct 1st of 2015?

    Had enough?

  4. What is a millennial and why should I care? Are the per chance those that can’t count to 1000 and even reaching 999 requires both socks off? Or are the the one’s born on or after Jan 1st 2001? Either way
    X+Y=Zero…It’s a generational thing by they kain’t hep’t they was born with a social promotion in their …..

  5. I hope millennials only use Turley’s work to get informed as to what the enemy thinks and does not follow any of the great propaganda that is rather dutifully and skillfully spewed on here.

    Keep hating on the millennials Turley! We don’t respect you anyway!!!!!!!

    We want honesty and not cowardice.

  6. I am of the opinion regarding the democrat turning republican is not the question. The trial for impeachment should be used to at least expose all of the senators to what they stand for and not be allowed to escape under the shadow of a backroom deal.

  7. Servicing power at every level and in every branch! your parents must be proud.

  8. BarkingDog,

    How the hell does a business selling its product discriminate against a consumer that may purchase that product?

    I mean in Realville.

    Under the American founding documents, businesses can put out any product they choose.

    Customers may or may not purchase that product.

    You, as a businessman with greater acumen, may open a competing business and “pursue happiness” by selling your product to consumers who were previously “discriminated against.”

    No man or business owes anything to another in free America under the Preamble, Constitution and Bill of Rights, circa 1789.

    See if, at some point, you can come to grips with FREEDOM AND SELF-RELIANCE.

    Were you born into a welfare, affirmative action, parasitic family?

    Where do you people learn to suckle off of the government and other people as you claim “victim” status?

    I mean this is just —-ing weird.

    Who the hell does not want freedom – oh yeah, the parasites, huh?

    I do so hope that was politically correct – I can expect a visit from the political officer of the Presidium, huh?

    At least I didn’t use the word “master.”

    1. the proper way to use that word these days in referring to a spirited discussion between two or more individuals with a media moderator sucking someone into no win position is favored. In which case the one pronounced the Master Baiter wins. I’m fairly sure that will pass through the PC rap pests. Feel free to not read any of the foregoing if the truth hurts.

      I borrowed the technique from George Lakoff.

  9. I have decided that I want this suit to succeed. Then I want all the folks who did not have medical care, or who were discriminated against by health insurance companies because of prior impairments, will turn on guys like Mitch McConnell and really all RepubliCons. Then the balance in the House and Senate will shift to Democrats and perhaps someone will come up with a federal plan which curbs monopoly capitalism in the medical INDUSTRY and pass legislation similar to Canada Care.
    I would like to end all ADC programs. No more government checks to be given to children and adults who get knocked up. Put fathers of dependent children on work gangs. Close public housing. End Section 8.
    I am a libertarian dog.

    1. Prior impairments or as it’s know Prior Condition Exclusions are not discrimination but I thought obamacare was going to cover all that …There is no difference between Republicans and Democrats except two. Number one: one is socialist statist corporatist and the other is socialist corporatist statist. Number tilwo: Democrats have an 18 to 1 ratio in dead military service personnel in wars/conflicts whatever started by a Democrat Administration. Those two points aside the Reublicans are the right wing of the left and the Democrats are the left wing of the left IF your center is the Constitution. If your center is the center of the left then you can stay confused.

  10. “It almost seems as if right wing obstructionists are forcing the country into single-payer health care.”

    You must be left brained. This is the most ridiculous statement I’ve read on this thread. Liberals own this 100%, they had the majority when this transfer of wealth bill was authored, voted on and signed by. . . . All Democrats!

    Memory issues run rampant with Liberals. lmao!

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