Actually, the question of appropriations (funding) where the PPACA is concerned could easily be remedied if Congress acted accordingly, i.e., a) appropriate funds as outlined in the law itself or b) modify the law by removing the word "Sec, HHS is authorized to appropriate" or words to that effect from the law wherever it appears. Of course, they'll do neither because that 25% of congressional membership that has brought about this lawsuit (towit, House Republicans) doesn't want to do it. They'd rather continue to use political and procedural tactics to undermine existing law just to win political points rather than fully acknowledge that by working with their Democrat colleagues they could fix the law even if it means "repeal and replace" the PPACA with something that still provides health insurance but resolves the process issues within the law. Yes, I know there have been several attempts to repeal Obamacare, but there haven't been any serious proposals (bills) to replace it with anything substantial.
As it stands, the SCOTUS will likely rule in favor of the Obama Administration for the reason I've outlined previously - lack of harm to and/or standing by 25% of Congress (House Republicans) and the very fact that the law itself grants the Sec. HHS appropriations authority even if ultimately such funds come directly from funds within their own budget after such appropriations were initially granted by Congress but not fully used by the appropriate Department towhich they were granted.
I'm reading the lawsuit and the sections of the PPACA that are in question and it's very clear that despite the enumerated appropriations power granted to Congress, the law does authorize the Sec, HHS to withdraw funds from the Treasury in a variety of ways and in some cases indefinitely for as long as the law stands. It's no wonder the GOP wants to repeal it! But the SCOTUS will likely rule that although Congress has the power of the purse, the law grants such appropriations and the only way to remedy the problem is for Congress to either: a) fulfill the very duty towhich it is attempting to get the SCOTUS to do for them - rewrite the law, or b) impeach the President.
In the end, the SCOTUS will probably rule that Congress has other remedies to fix this problem including impeachment, but the problem with going the impeachment route is the
lawsuit isn't directed at the President. It's directed at the Sec, HHS and the Sec, Treasury. Thus, their beef really isn't with him. It's with certain Cabinet heads within his Administration.
