Turley: Obama's Original Obamacare Order Was Unconstitutional, Also Violated Law Itself

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Legal eagle Jonathan Turley responds to Democrats that say President Trump's decision to reverse former President's order on Obamacare subsidies was unconstitutional. Turley said Obama's decision to order billions to fund subsidies would be analogous to Trump ordering money to build The Wall. From Friday's broadcast of FOX News' Special Report:

BRET BAIER, SPECIAL REPORT: Can the president stop Obamacare subsidies? ... You're also the lead counsel for the U.S. House of Representatives in the challenge to the actions by the Obama administration to set up these subsidies in a court case that ended in victory. So, this is a Constitutional move.

JONATHAN TURLEY, GEORGE WASHINGTON UNIVERSITY LAW PROFESSOR: The original order that has just been rescinded was unconstitutional by finding of a federal court. The court found it not only violated Article One of the Constitution, it violated the health care law itself. Because Congress had the ability to grant subsidies under the federal law but it chosen not to. In fact, the administration had come to Congress and asked for this money and Congress said no. And then the president say alright, I'll just order it directly from the Treasury. Well, you can't do that. The defining power of Congress is the power of the purse. And the federal judge issued a historic ruling and said this is wrong, you can't violate the Constitution no matter what your motivations are, no matter what you're complaining about with Congress, you have to play within the rules of the Constitution.



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