Las Vegas Review-Journal

Subsidy payments

- Doug Nusbaum Las Vegas

Lamid the mewing over the Trump administra­tion’s decision last week to end Obamacare subsidy payments to insurance companies was one salient fact : The payments are illegal. Recall that the Obama administra­tion originally asked Congress to appropriat­e the funds as part of the Affordable Care Act. But no legislatio­n ever made it through the House and Senate. In response, President Barack Obama’s Department of Health and Human Services unilateral­ly began disbursing the payouts anyway. You remember that “pen and phone” thing.

House Republican­s sued, arguing that the executive branch may not dole out money without congressio­nal approval. In 2016, a federal judge issued a 38-page opinion ruling that Mr. Obama had exceeded his constituti­onal authority and illegally funded the subsidies. Shocker.

“Congress is the only source for such an appropriat­ion and no public money can be spent without one,” wrote U.S. District Court Judge Rosemary Collyer. The case is currently under appeal.

To summarize: The Obama administra­tion went around Congress and the Constituti­on to impose its health care plan; in contrast, President Donald Trump has decided to follow the law.

Of course, given that Republican­s have failed in their effort to kill Obamacare, there’s nothing to stop Congress from reaching a deal on the payments and authorizin­g a spending measure. On Tuesday, Sens. Lamar Alexander, R-tenn., and Patty Murray, D-wash., announced they had a framework to do just that. We’ll see.

Mr. Trump’s decision to end the corporate handouts was no doubt intended to pressure Democrats to sit down at the table. If the Alexander-murray compromise falls apart, it will reveal that Democrats care more about election optics than actually preserving the taxpayer help that mitigates insurance costs for lower-income Americans forced into Obamacare.

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I would suggest that Mr. Lawrence focus his attention on better training of officers rather than his allegation­s of a false narrative.

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