Another Federal Case Put on Hold Pending Trump's Inauguration
In case you missed it the first time, the federal courts are putting their cases on hold until after the incoming President of the United States takes office. A federal appeals court in Washington granted a motion to continue a challenge to Obamacare last week, following a federal district court decision to delay action on an immigration case last month. The courts decided the issues were big enough to allow the new administration time to weigh in after the inauguration.
In the Texas case, the court stayed proceedings against the Obama administration's plan to delay deportation of millions of undocumented immigrants. Texas and 25 other states have sued the outgoing President's delayed deportation plans. In the DC case, U.S. House Republicans are challenging how Obama funded an insurance subsidy program of the Affordable Care Act. The postponements are temporary wins for the president-elect.
Justice Delayed Is a Deal for the Donald
While Donald Trump is still deciding who to run his administration, the Republicans in power are ahead of the game. In the immigration case, a federal court had granted an injunction last year thwarting Obama's plan to delay deportation under the Deferred Action for Childhood Arrivals. Immigrants could have had their deportations delayed for three years and could have been eligible for work permits and other benefits.
The injunction will continue in effect until the court resumes the case in February, when Trump will have the chance to implement his own immigration policy. He has already laid out in his plans to deport millions of undocumented immigrants.
In the Obamacare case, a judge ruled in May that the government unlawfully paid billions of dollars in reimbursements to insurance providers. The government, the court said, was not permitted to fund the cost-sharing program through an appropriation that provides tax credits to lower the cost of insurance premiums.
The judge issued an injunction against the government funding pending further review of the case, at least until Feb. 21, 2017. The delay gives Trump an opportunity to evaluate the Republican plan to dismantle the health-care program.
Trump had sought to delay the fraud case against Trump University until after his inauguration, but settled the case last month for $25 million. According to reports, he is still facing 75 lawsuits around the world.
- Citing Trump win, feds move to put immigration suit on ice (Politico)
- Update on Donald Trump's Many Lawsuits (FindLaw's Celebrity Justice)
- Trump Announces New White House Counsel (FindLaw's In House)
- Dodd-Frank Constitutional Challenge Revived by D.C. Circuit (FindLaw's D.C. Circuit Blog)