Congressional Republicans have a new fear when it comes to their two-year-old health care lawsuit against the Obama administration: They might win.
The incoming Trump administration could choose to no longer defend the executive branch against the suit, which challenges the administration’s authority to spend billions of dollars on health insurance subsidies for low- and moderate-income Americans, handing House Republicans a big victory on separation-of-power issues.
But a sudden loss of the disputed subsidies could conceivably cause the health care program to implode, leaving millions of people without access to health insurance before Republicans have prepared a replacement. That could lead to chaos in the insurance market and spur a political backlash just as Republicans gain full control of the government.