The Obama administration sought an immediate appeal of a judge’s ruling letting a lawsuit initiated by the House of Representatives about Affordable Care Act (ACA) funding to go forward, but was rebuffed this week when U.S. District Judge Rosemary Collyer ruled: “Suffice it to say, the court is not convinced that it erred” [in its initial ruling].

Thus the lawsuit over funding for subsidies under the ACA, which the administration has been dispensing despite no authorized funding from Congress, will go forward.

The administration sees nothing but doom and gloom if it does, with Principal Deputy Assistant Attorney General Benjamin C. Mizer arguing: “Once a federal court asserts the power to decide which Branch should prevail in such a political dispute, the damage to the separation of powers can never be fully undone.”

Judge Collyer’s ruling came on Monday. There was no immediate indication of the administration’s next step.

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