A federal judge has sided with House of Representative Republicans in a lawsuit challenging the constitutionality of unappropriated funds totaling some $175 billion being transferred over 10 years to insurers under the Affordable Care Act (ACA).

U.S. District Judge Rosemary Collyer issued the ruling but put it on hold pending appeal.

“None of the Secretaries’ extra-textual arguments – whether based on economics, ‘unintended’ results, or legislative history – is persuasive,” Judge Collyer wrote in her May 12 ruling. “The Court will enter judgment in favor of the House of Representatives and enjoin the use of unappropriated monies to fund reimbursements due to insurers.”

House Republicans under Speaker John Boehner had filed suit, arguing that their legislative body never appropriated the funds in question as the Constitution requires.

Collyer said the law is “clear,” and money was never allocated for that program.

The money was earmarked by the ACA to provide subsidies to health care insurers for low-income Obamacare policyholders.

The White House said it would appeal the decision to the D.C. Court of Appeals, which it earlier stacked with supporters under then-Senate Majority Leader Harry Reid, abrogating then-rules of cloture.

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