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 Republicans in the House filed a lawsuit in November, saying
administration officials unlawfully bypassed Congress.
At issue are executive changes authorizing Treasury payments to
healthcare insurers without the funding being agreed by Congress and
delaying implementation of the law's employer mandate, which
required employers with more than 50 employees to provide healthcare
coverage.
U.S. District Judge Rosemary Collyer, appointed by Obama's
predecessor, Republican George W. Bush, repeatedly interrupted U.S.
Justice Department lawyer Joel McElvain during the hearing in the
U.S. District Court for the District of Columbia.
Justice Department lawyers argue that the House lacks standing to
sue, citing a section of U.S. law that means the House would have to
prove it has been directly harmed.
 "So it is your position that if the House of Representatives
affirmatively voted not to fund something ... then that vote can be
ignored by the administration, because after all, no one can sue
them?" she asked. McElvain argued that the merits of the case were not being discussed
at the hearing, and that any perceived injury was "abstract."
"I'm not asking you to give me your brief. I want you to explain ...
why it's not an insult to the Constitution?" Collyer said.
McElvain argued that the House could pass new legislation if it
disagreed with the administration's changes, which he said were
legal under "pre-existing permanent appropriation."
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At another point, Collyer admonished McElvain: "You can't just shake
your head and not deal with the question."
The lawsuit is one of a flurry filed against the Obama
administration in the past few months challenging executive actions
on healthcare and immigration as Republicans seek to amp up pressure
on the president.
Jonathan Turley, a lawyer for the House Republicans, said the
lawsuit should go forward to show the power of the purse "should not
be decorative."
The judge, while appearing sympathetic to the Republicans' decision
to bring the lawsuit, said she had not yet decided on the standing
issue before her.
The case is United States House of Representatives v. Burwell et al,
U.S. District Court for the District of Columbia, No 14-1967
(Reporting by Lindsay Dunsmuir; Editing by Jonathan Oatis)
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