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…