Federal Judge Deals Democrats Hefty Blow, Denies Emergency Order to Force Trump Admin to Continue Making Obamacare Payments

President Trump has been doing everything he can to bail out Republicans in Congress and finally get them to come through on their almost decade-long promise to repeal Obamacare.  However, there is only so much he can do. He did his job. Paul Ryan did his job. Mitch McConnell failed miserably.

So, now Trump is in a position where he has to do what he can without the help of his incompetent party.

A little while back, Trump announced he was going to cut federal subsidies that keep Obamacare afloat.

That was a good move.

Here’s why as explained by the great David French who is by no means a fan of Trump.

From National Review:

Here’s the legal background. Section 1402 of Obamacare requires insurance companies to reduce deductibles, copayments, and other similar payments for lower-income consumers and then says that the federal government will reimburse the insurers for their losses. Specifically, insurers will notify the federal government of the amount of their price reductions, and the government will “make periodic and timely payments to the insurer equal to the value of the reductions.”

Clear enough? There was just one problem. Unlike other provisions of Obamacare covering other forms of subsidies (for example, Section 1401, which funded subsidies that helped cover insurance premiums), the law didn’t specifically appropriate any money to fund these payments.

This isn’t a small thing. In fact, it implicates the core constitutional structure of our government. Article I, Section 9, of the Constitution unambiguously declares that “no Money shall be drawn from the Treasury, but in Consequence of Appropriations made by law.” The most relevant federal appropriations statute states quite clearly that “a law may be construed to make an appropriation out of the Treasury . . . only if the law specifically states that an appropriation is made.”

But, since Trump is Trump. Democrats screamed and yelled and ended up suing his administration.

18 states sued him.

Today, a federal judge basically told them to pound sand.

From Politico:

A federal judge denied a request to immediately force the Trump administration to continue making the Obamacare insurance subsidy payments that it cut off earlier this month.

U.S. District Court Judge Vince Chhabria ruled Wednesday against an emergency order to require that the payments continue to be made while a lawsuit filed by 18 states and the District of Columbia over the so-called cost-sharing reduction payments works its way through the courts.

Shockingly, this was an Obama appointed judge.

From Reuters:

Chhabria, appointed by Democratic former President Barack Obama, wrote that although the case appears to be a close call “it appears initially that the Trump administration has the stronger legal argument.”

I’ll take that any day!