Thursday, May 12, 2016

And, Speaking of Obama...

This afternoon, Judge Rosemary Collyer issued a final ruling in United States House of Representatives v. Burwell, the challenge to unilateral actions taken by the Administration under the Affordable Care Act (ACA). Judge Collyer ruled in favor of the House of Representatives and found that the Administration violated the Constitution in committing billions of dollars from the United States Treasury without the approval of Congress. The historic ruling reaffirms the foundational “power of the purse” that was given to the legislative branch by the Framers.

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[Judge Collyer ruled that] the Administration has violated Article I, section 9, clause 7 of the Constitution, which provides that “No Money shall be drawn from the Treasury but in Consequence of Appropriations made by Law.”

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[She] found that the refusal of Congress to appropriate the funds did not give the Administration license to unilaterally order the payment of billions to insurance companies.

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Judge Collyer’s opinion is a resounding victory not just for Congress but for our constitutional system as a whole. We remain a system based on the principle of the separation of powers and the guarantee that no branch or person can govern alone.

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This victory was made possible by the extraordinary legal team from the Office of the General Counsel. I would again like to thank former General Counsel Kerry Kircher; Acting General Counsel William Pittard; Senior Assistant General Counsel Todd Tatelman; Assistant Counsels Eleni Roumel, Isaac Rosenberg, and Kimberly Hamm. It is an honor to be part of this team and this extraordinary moment in constitutional law.

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

  Jonathan Turley
...but hey, do what you want...you will anyway.

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