U.S. House Republicans on Monday asked a federal appeals courtto pause a dispute over funding for the Affordable Care Act, arguing that the Trumpadministration should be given a chance to settle or dismiss thecase.

|

Related: The messy politics of repealingObamacare

|

House Republicans in 2014 sued the U.S. Health andHuman Services Department over how the Obama administration fundedparts of its signature health care law.

|

U.S. District Judge Rosemary Collyer in May ruled in favor of the House,finding the administration unlawfully paid billions of dollars inreimbursements to insurance providers without a fundingappropriation from Congress.

|

Collyer said the government could not fund thosereimbursements—to reduce deductibles and co-pays—through a separateappropriation that provides tax credits to lower the cost ofinsurance premiums.

|

Related: Self-insured group prepares to prepare forTrump

|

Trump has vowed to repeal or otherwise replace theAffordable Care Act, and House Republicans want the U.S. Court ofAppeals for the D.C. Circuit to temporarily stay furtherproceedings at least until Feb. 21.

|

“A temporary stay of the briefing schedule will provide thePresident-elect and his future administration time to considerwhether to continue prosecuting or to otherwise resolve thisappeal,” Thomas Hungar, general counsel to the House, wrote in the new filing in the appealscourt.

|

Hungar wrote in the court papers:

The relatively short stay requested by appellee would providethe incoming president and his appointed officials time to decidewhether withdrawal or settlement of the appeal is warranted. Inlight of public statements by the President-Elect and his campaign,there is at least a significant possibility of a meaningful changein policy in the new administration that could either obviate theneed for resolution of this appeal or affect the nature and scopeof the issues presented for review.

The U.S. Justice Department opposes the House request to haltthe case until February, according to Hungar. Main Justice filedits opening brief in October, and the House is set to file itsresponse by Dec. 23. The D.C. Circuit has not set an argumentdate.

|

“Disagreements between the political branches are resolvedthrough the political process, not through litigation instigated bya single House of Congress,” Justice Departmentlawyers wrote in their D.C. Circuit brief. “Thedistrict court’s decision fundamentally undermines thatconstitutional design and would vastly expand the role of thejudicial branch, enmeshing courts in a limitless number ofpolitical disputes.”

|

Hungar argued that asking for a stay is not unprecedented.Indeed, the Justice Department last week, he noted, asked a Texasfederal district judge to pause proceedings over the legality of theObama administration’s executive action on immigration.

|

Whether or not the D.C. Circuit places the health care case onpause, Trump’s Justice Department could take a different stance inthe litigation. The change in an administration brings are-evaluation of the defense of certain federal laws.

Complete your profile to continue reading and get FREE access to BenefitsPRO, part of your ALM digital membership.

  • Critical BenefitsPRO information including cutting edge post-reform success strategies, access to educational webcasts and videos, resources from industry leaders, and informative Newsletters.
  • Exclusive discounts on ALM, BenefitsPRO magazine and BenefitsPRO.com events
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.