Opinion | Leah Litman: 'It’s not the high court’s job to give the GOP the laws they couldn’t pass in the legislature.' - NBCNewsTHINK
that said only that none of the funds in the appropriations bill or a Medicaid fund could be used for payments in the risk corridor program. In other words, Congress temporarily stopped the government’s payout to insurance companies under a particular appropriation; it didn’t eliminate the underlying obligation to eventually pay the insurance companies.
That is the same thrust of the federal government’s argument in the litigation challenging the Affordable Care Act before the Fifth Circuit. In that case, the federal governmentthat the then-Republican-controlled legislature amended the ACA’s minimum coverage requirement in a way that made the ACA unconstitutional, and that the Republican-controlled legislature intended to demolish the rest of the ACA along with it, including the protections for people with preexisting conditions.
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