House GOP fights unconstitutional schemes to save Obamacare

Recently, the House took legal action against the Obama administration on its attempted Obamacare bailout of insurance companies

Recently, the House took legal action against the Obama administration on its attempted Obamacare bailout of insurance companies.

Trying to save the failing Affordable Care Act, the Obama administration has attempted to funnel billions of taxpayer dollars to insurance companies despite a lack of constitutional grounds for an Obamacare bailout. These efforts directly oppose the Constitution which states that no money can be taken from the Treasury without Congress’s approval.

Aiming to circumvent the law and Constitution, the Department of Health and Human Services (HHS) has encouraged insurance companies to enter into settlement agreements with the United States in order to receive illegal payouts. Even though the Department of Justice (DOJ) stated that the HHS has no obligation or right to pay insurance companies more than the costs of the program.

Responding to this, the House filed an amicus brief to the United States Court of Federal Claims explaining just how unconstitutional this scheme is. A key quote from the full brief filed on October 13th by the House’s general counsel:

“HHS is trying to force the U.S. Treasury to disburse billions of dollars of taxpayer funds to insurance companies even though DOJ has convincingly demonstrated that HHS has no legal obligation (and no legal right) to pay these sums.  The House strongly disagrees with this scheme to subvert Congressional intent by engineering a massive giveaway of taxpayer money.”

This isn’t the first time that the House has called out this administration’s misuse of funds to save Obamacare. In May 2016, a Federal District Court judge ruled that the administration had directed federal funds to insurance companies without constitutional authority. Again in July 2016, the Ways and Means and the Energy and Commerce Committees released a joint report showing how the administration had illegally funded a key part of the health insurance law without the approval of the People’s House.

Obamacare is more than an example of a failed big government one-size-fits-all policy. It’s a battleground over the separation of powers in our Constitution.

That’s why House Republicans are offering a policy agenda that restores our Constitution and the balance of power between the branches of government. We’ve also got a plan for affordable, quality health care for all Americans that doesn’t trample on the ideals this country was founded on. 

Learn more about our Constitution plan and plan to fix health care at