May 19, 2016 --

LPR predicts that should “U.S. House of Reps. V. Burwell” reach the United States Supreme Court, the Court will overturn the ruling by U. S. District Judge Rosemary M. Collyer that the Obama administration cannot spend money for Obamacare without Congressional approval.

LPR further predicts that the Court will reverse Judge Collyer’s decision either by an 8-0 vote, or by per curiam opinion, on the ground that the House of Representatives is asking the judicial branch to ratify power it already has, under the Constitution– the “power over the purse” – and it is for the House alone to determine how to exercise this power, including whether it chooses to do so.

In reaching its decision, the Supreme Court could cite Federalist No. 58 (“The house of representatives can not only refuse, but they alone can propose the supplies requisite for the support of government.”) and point out, with reference to Colegrove v. Green, 329 U.S. 549 (1946), that involvement by the Court would intrude “ very deep into the very being of Congress” – thereby undermining the tripartite nature of the federal government that the Framers enshrined in the Constitution of the United States.