Lawyers are now suing the federal government to force a shutdown over the Affordable Care Act.
The latest development in the long-running court case involves the government’s plan to pay for the Affordable Health Care Act’s cost overruns.
Lawyers are suing to force the government to pay back $6 billion for the ACA.
The lawsuit, filed Tuesday in the U.S. District Court for the District of Columbia, is aimed at forcing the government and insurance companies to provide insurance to millions of Americans, but lawyers say it is far from a slam dunk.
“The government is not in a position to pay us back on our promises,” attorney John Hockensmith told Recode.
“They are still trying to figure out what is going to happen with this.”
Hocknersmith is a partner at the law firm DLA Piper who specializes in health care and litigation.
The government says the law is worth $8 billion, but Hockersmith argues the cost overrun is much higher.
“It’s not that big a deal,” Hockner said.
“We’re trying to fix a $6.8 billion bill that has not been paid for for years.”
The lawsuit filed Tuesday was filed to force HHS to provide subsidies to help people purchase health insurance through the federal marketplace.
The program was supposed to be funded by taxing the wealthy and making sure people had access to affordable insurance.
However, the White House has cut back the payments to pay its bills, prompting the government shutdown.
Hockorsmith says the lawsuit will force the White Houses administration to return to its previous approach to health care.
“In the past, the administration has attempted to negotiate a solution with the insurance companies by offering them some relief, like subsidies and other incentives,” Hockingner said, referring to the Affordable Healthcare Act.
“This time, they will have to come to the table and negotiate in good faith, but this time they will not be getting what they want.”
In the lawsuit, Hockenersmith argues that the government is violating the constitutional principle of congressional review by forcing it to take action in response to a court order.
“Congressional review is the Supreme Court’s most important tool for ensuring that the executive branch of government has a limited role in its judicial duties,” Hocksmith wrote.
“By failing to comply with the court’s order, the government effectively has engaged in a legislative coup d’etat against the courts.”
The government also claims that the lawsuit is an effort to get the courts to overrule a lower court decision that it has already agreed to comply.
“While the court has not reached any conclusion regarding whether HHS will be allowed to pay claims under the Affordable health care law, the lawsuit has already forced the government into a new legal position,” Hocker wrote.
The administration argues that it will be able to pay the lawsuit off in full and that its claims are frivolous and that the law was never intended to be used as a revenue generator.
But Hockentsmith counters that there is already a lawsuit in the works, with a different lawsuit filed this week in the state of Texas.
“No court has found that the Supreme Judicial Court of Texas had jurisdiction over the lawsuit that the administration is pursuing,” Hochstein wrote.
Hockscher argues that this lawsuit will likely end up before the U