Must-Read: I am now hopelessly confused.
I get that it Trump drops the appeal—and if states have not intervened—that the executive is thereafter enjoined from paying the cost-sharing payments.
But I did not think that the executive was required to pay the cost-sharing payments. It was simply not required not to pay the payments. If the Justice Department decides that the House is right as a matter of law, what stops Trump from accepting that legal advice and stopping the cost-sharing payments?
I would have thought that the states would not only have to intervene, but to obtain an injunction requiring Trump to continue to pay the cost-sharing payments until final adjudication is attained.
So I am hopelessly confused here...
Nicholas Bagley: Taking the Nuclear Option Off the Table: "Last Thursday, fifteen states and the District of Columbia moved to intervene in House v. Price... http://theincidentaleconomist.com/wordpress/taking-the-nuclear-option-off-the-table/