U.S. House Republicans are asking a federal appeals court to postpone a case over how the Accountable Care Act is funded so that the incoming Trump Administration can have a chance to settle the case.
House Republicans in 2014 sued the U.S. Health and Human Services Department over the Obama administration's decision to fund parts of the ACA, otherwise known as Obamacare, without an appropriation from Congress.
U.S. District Judge Rosemary Collyer in May ruled in favor of the House, finding the administration was wrong to pay billions of dollars in reimbursements to insurance providers without an appropriation. The reimbursements reduced deductibles and co-pays, but without an appropriation for that purpose the Obama Administration channeled funds through a separate appropriation covering tax credits that lowered insurance premiums.
The White House appealed Collyer's ruling.
Trump has vowed to repeal or replace the Affordable Care Act, and House Republicans want the U.S. Court of Appeals for the D.C. Circuit to temporarily stay further proceedings at least until Feb. 21.
"A temporary stay of the briefing schedule will provide the President-elect and his future administration time to consider whether to continue prosecuting or to otherwise resolve this appeal," Thomas Hungar, general counsel to the House, wrote in the new filing in the appeals court.
Presumably the incoming administration and House Republicans would be of like minds and better able to reach a settlement that fits with President-elect Trump's plans regarding Obamacare.
The U.S. Justice Department opposes the stay request. No date has been set yet for oral argument in the case.