Late last week, the House of Representatives filed suit against Obamacare, naming Health and Human Services Secretary Sylvia Mathews Burwell, Treasury Secretary Jack Lew and their departments as defendants. The House passed H. Res. 676 in July, giving Spoeker Boehner the authority to begin the litigation process. Noticeably absent from the suit is President Obama, who was not named as a defendant.
POLITICO’s account of the suit lays out the claims made by the House:
The new lawsuit claims that two specific aspects of implementation of the Obamacare law violated the terms of the legislation.
First, the suit complains about repeated delays of the employer mandate, which was supposed to kick in in January of this year. The administration delayed the requirement until next year for some employers and until 2016 for others.
Second, the litigation challenges payments to insurance companies under a cost-sharing provision that the suit argues was never authorized by law. Such “offset” payments amounted to $3 billion in 2014 and could total $175 billion over 10 years, the House claims.
“The administration is instead unlawfully and unconstitutionally using funds from a separate Treasury Department account — authorized for other purposes — to pay insurance companies and thereby unilaterally altering the structure of the health care law,” Boehner’s office said.