"Section 1401 [of the ACA] provides tax credits to make insurance premiums more affordable, while Section 1402 reduces deductibles, co-pays, and other means of 'cost sharing' by insurers. Section 1401 was funded by adding it to a preexisting list of permanently-appropriated tax credits and refunds. Section 1402 was not added to that list. The question is whether Section 1402 can nonetheless be funded through the same, permanent appropriation. It cannot.... Such an appropriation cannot be inferred. None of Secretaries' extra-textual arguments -- whether based on economics, 'unintended' results, or legislative history -- is persuasive. The Court will enter judgment in favor of the House of Representatives and enjoin the use of unappropriated monies to fund reimbursements due to insurers under Section 1402. The Court will stay its injunction, however, pending appeal by either or both parties." [U.S. House of Representatives v. Burwell, No. 14-1967 (D.D.C. May 12, 2016)]  MORE >>