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White House Calls GOP Healthcare Lawsuit "Incoherent"

Published on: January 28, 2015

The White House said a Republican lawsuit challenging its implementation of the 2010 healthcare law misunderstands the constitutional separation of powers and should be thrown out.

The White House said a Republican lawsuit challenging its implementation of the 2010 healthcare law misunderstands the constitutional separation of powers and should be thrown out, according to court papers filed Monday night.

“Simply put, Congress’s power to enact legislation does not give it the power (either on its own or with the assistance of the judiciary) to manage the implementation of federal law,” Justice Department lawyers said in papers that ask US District Judge Rosemary Collyer to dismiss the lawsuit.

House Republicans filed a complaint in November, alleging the Obama administration exceeded its powers in how it is paying for and enforcing certain parts of the Affordable Care Act. The lawsuit said the administration had no authority without permission from Congress to pay certain discounts to insurers or to delay implementation of an insurance-coverage mandate that applies to large employers.