Federal judge skeptical of W.H. bid to toss John Boehner’s suit over Obamacare

The Washington Times reports:

A federal judge struggled Thursday with the administration’s claim the House GOP is pushing an “abstract” lawsuit against Obamacare that should be tossed, signaling she’ll take a hard look at Speaker John A. Boehner’s controversial bid to highlight the separation of powers between Congress and the presidency — and the judiciary’s right to referee their disputes.

Justice Department attorneys told U.S. District Judge Rosemary M. Collyer, presiding in Washington, that President Obama’s team was authorized to pay billions to insurance companies as part of an arcane cost-sharing program set up by the health care law, even though Congress rebuffed the administration’s request to fund it.

If Mr. Boehner and his fellow Republicans don’t like it, they should find a political solution to the standoff — for instance, pass a law that expressly forbids the administration from spending the money, administration attorney Joel McElvain said.

But Judge Collyer, appointed by President George W. Bush, a Republican, suggested that just because other remedies exist, it “doesn’t mean they don’t have standing to sue.”

For instance, a boss struck by his employee in the parking lot might fire the worker, yet he has other options.

“That wouldn’t bar him from his lawsuit, right?” she said.

The struggle against fascist style health care.