House suit against Obamacare spending by the executive has a chance

Daily Signal:

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However, according to several reports, Collyer—who was appointed by President George W. Bush—repeatedly pushed McElvain today over his arguments for why the case should be dismissed.

“So is it your position that if the House of Representatives affirmatively voted not to fund something … then that vote can be ignored by the administration, because after all, no one can sue them?” Collyer asked McElvain.

Despite her pressure on the government, Collyer has not yet ruled on whether the case will be dismissed.

In an interview with The Daily Signal, Hans von Spakovsky, senior legal fellow at The Heritage Foundation, pointed to the constitutional infringements cited by the House as reason for why the case should proceed.

“This lawsuit talks about specific injury and a specific misuse of funds by the executive branch,” he said. “This makes it a very basic constitutional issue, which is that the executive branch cannot spend money unless it’s been specifically appropriated by Congress. That’s been true for the 200 plus years we’ve been a country, no matter what the issue is.”

Von Spakovsky went on to cite the authorization of the lawsuit by the full House as further evidence the lower chamber has standing.
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The Obama administration's arguments are as high handed as their conduct which caused the House to sue to begin with.  Judge Collyer asks a pertinent question that exposes the arrogance of the Obama administration.