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The cities argue that Trump's actions violate the Constitution's provision that the president “shall take care that the laws be faithfully executed.”

The new plan would combine four levels of paperwork required for reimbursement, and four levels of payments, into one form and one flat fee for each doctor's appointment.

Investors were wary of the deal from the start, and since the deal was announced the threats to Express Scripts's business have only increased.

The CBO says the bill could cost about $39 billion over 10 years.

NYU employees, represented by Jerry Schlichter, claimed fund managers failed their fiduciary duties, but the judge disagreed.

But questions remain as to how many workers would take advantage of the higher HSA contribution limits.