capitol building
October 19, 2015 Jonathan Turley

This afternoon, Judge Rosemary Collyer issued her ruling on the motion by the Administration to forego a ruling on the merits in the United States House of Representatives v. Burwell, a challenge brought by the House to unilateral action taken by the Administration under the Affordable Care Act (ACA). After losing its motion to dismiss the case on standing grounds, the Administration sought (over the objections of the House) to remove the case to the United States Court of Appeals for the District of Columbia without ruling on the merits of the case. Judge Collyer denied the motion and set the case for final briefing and ultimately a final ruling.

The ruling today means that the United States House of Representatives now will be heard on an issue that drives to the very heart of our constitutional system: the control of the legislative branch over the “power of the purse.” The Administration has long argued that it has the authority to order the payment of what will amount to $175 billion over the next ten years to insurance companies without an appropriation of funds by Congress, notwithstanding Article I, section 9, clause 7 of the Constitution which provides that “No Money shall be drawn from the Treasury but in Consequence of Appropriations made by Law.” We are eager to present the House’s merits arguments to the Court and remain confident that our position will ultimately prevail in establishing the unconstitutional conduct alleged in this lawsuit. Regardless of the outcome, the public deserves an answer to this fundamental constitutional question.

Judge Collyer’s decision is linked below.

I would again like to thank our extraordinary team in this litigation. Specifically, I would like to thank General Counsel Kerry Kircher; Deputy General Counsel William Pittard; Senior Assistant General Counsel Todd Tatelman; and Assistant Counsels Eleni Roumel, Isaac Rosenberg, and Kimberly Hamm. It is an honor to be part of this team and this case.

Jonathan Turley

Lead Counsel, United States House of Representatives v. Burwell


Click to access burwell51.pdf