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1 1 (October 29, 2020)

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Key  Points

  e  Although the US Ceistituion gives cCongress .he power of the curse, today a nuonber
     of aws and arran gements have empowered  the executive branch to make independent
     spending choces
  4 Cngress has intenlt:0, g4iven tho exocutive Sume   [pnad   ng  flexiLi yIut i now
     faces    ?she   p ro =f being unabe to contro' the executive un ess it rnakes process
     for    .

  &     tharni ns . f ) ngress' preriogatves Ohn tur: to ur  even 'rwhen ,udges
     rue ag   in the excu' v, ther rhmed   E *ar of questionabie ay.  ikgrs sid
     rly . oo its n       remedy  ths problem.


WN       ublns took control of the House of
Represe'ntatves after heU t1 o ci' on, they ma ide
no secret o their intention to rol back PResident
Barack Obania's signature aegciate achieveinti I
the Afordablc  Care Act  (ACA)   v.i  T emoCrs
controlling both the Whiie House amn the iSenae,
ReuK      cn nad- li- mited Jegisiative opti ns for
acieving thic   al. Even aoppr priatiOns harS all-
psartially shting down tc gver tne  n. fr   days
in Octobher zO13-fie   to mke  mcanngful   head-
way; the  me'sure  res--tartng federal operations
ialoden  just one rumor nhatne to the ACA-.
   in 2'O4, however,  the Obama   admiis  ration
gave congression a Republicans anther opening to
attent  to halt 3mpmen   tatton of the law A k
comnient   of tte  AC's expansion  oon Wealth ins-
mice coerage was subsiirs to insurance cornn'mies,
knowtn as cost--sharing redutaio ns (C :S), that woutd
reduce deductibles and other   --  o'  acket costs
for tow -income indivihtaIs pturchag'T noverage CM


he AIindIdual mar.  t   ni  the AC. 4was psa sed,
however, i  did it 'xplicitly iden'i  amsourEc of
fontd   tfoi whit these p aylments would be made.
T  he peside.n-'s udget request for fiscal -ear (F)
2,j4----when 'the sulbasids w\u-d go into e~tet----
iciudd    r uest for an uppropriation for the
CSRt, -but   C-ngrss did not allocate monc  tor
the purpose.
   The  Ibama  ate dmilm tt+attion then assert-d that
an existing pernanent appropraton   suthitiy far
tax 'erunds  covered rt new   subsis.ie,   arguing
that the   ACA created a sing'e prograi to make
adtviace  pay'n'ts of both the premium  ax  red--
its ad t i cost-s aring reduCtons,' HavFing been
nsuccssui at   rolling back Darts of e Waw legis
lativey, Hous Repubsimcans seized on this exnsive
readine o  the ap propritions clause by the presi-
aent to chIalleng the admiistrattions bavi    in
fderal court. With a sipie majority vote, Repub-
licans in the House passed a resotution athortzing

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