Only Congress can allocate funds to support a federal initiative. The Affordable Care Act authorizes subsidies to make coverage more affordable, authorizing the Treasury Department to make funds available. According to Federal District Court Judge Rosemary Collyer, however, the Health and Human Services Department, which carried out the ACA, “does not have the authority to spend billions of dollars on a key program under the ACA” Since Congress did not explicitly allow for such funding, “such an appropriate cannot be inferred”

Of course, her decision will be appealed, and then we will have moved on to a new Presidental administration and…and…