Dan Gilmore / Sep. 10, 2015

Court: House Can Sue HHS Over ObamaCare

This case could be one for the history books.

Remember that time last year when Congress took up Barack Obama’s offer to sue him? And when Congress filed the suit alleging the executive branch violated the separation of powers when it implemented ObamaCare, we, like many observers of government, thought it was another day of political gamesmanship. It’s a “possibly doomed-to-fail effort,” we wrote. However, the U.S. District Court for the District of Columbia ruled Wednesday that the House can proceed in its suit against the Department of Health and Human Services. At issue is Congress’ power of the purse, as enumerated in Article I of the Constitution. In rolling out ObamaCare, HHS spent money in ways that were not specified by Congress. “The House sues, as an institutional plaintiff, to preserve its power of the purse and to maintain constitutional equilibrium between the Executive and the Legislature,” wrote Judge Rosemary Collyer. “If its non-appropriation claims have merit, which the Secretaries deny, the House has been injured in a concrete and particular way that is traceable to the Secretaries and remediable in court.” As The Wall Street Journal editorial board opines, this case could be one for the history books. If the courts rule in favor of Congress, it could be the moment when the executive branch was put in its place. And to think this came about under House Speaker John Boehner’s leadership.

Start a conversation using these share links:

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2021 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.