Anybody is allowed to break the law, says Obama

AEI: In House v. Burwell, the House of Representatives claimed that the Obama administration unlawfully made billions of dollars in payments to reduce ACA insurance costs without an appropriation from Congress. The case centers on ACA section 1402, which requires insurance companies to reduce the out-of-pocket costs (deductibles, co-payments, and co-insurance) of ACA-exchange enrollees in so-called “silver” plans who earn incomes less than 250 percent of the federal poverty level. Approximately 7 million people—or 57 percent of exchange enrollees—are receiving such cost-sharing reductions from insurers. Section 1402 directs the federal government to offset the financial burden to insurance companies via cost-sharing reduction payments (CSRPs), but the ACA doesn’t include an appropriation to pay for them. When the Obama administration’s FY2014 budget request asked for a current appropriation for CSRPs, Congress turned it down. Instead, Congress passed and the president signed an Appropriations Act that failed to appropriate any monies for CSRPs. Undeterred, the administration spent $2.8 billion dollars to reimburse insurers in 2014. The House sued.

And Trump is taking every advantahe of the new nullificaion doctrine.  thank you to Obama and Sotomayor.