Rep. Steve King introduced legislation on Tuesday to prevent the Supreme Court from citing previous Obamacare rulings as precedent in future cases.
The bill from the Iowa Republican points to Article III Section 2 of the Constitution as the basis for giving Congress the power to provide exceptions and regulations for Supreme Court consideration of cases and controversies.
The previous Obamacare rulings identified by King's bill include NFIB v. Sebelius, King v. Burwell and Burwell v. Hobby Lobby. In its 5-4 NFIB v. Sebelius ruling, the court permitted the survival of Obamacare's "individual mandate" requiring Americans to purchase health insurance, ruling it was essentially a tax. In King v. Burwell, the high court ruled 6-3 that millions of Americans are entitled to keep tax subsidies that could be used to purchase health insurance.
And in Burwell v. Hobby Lobby, the Supreme Court ruled 5-4 that some businesses whose owners have strong religious beliefs can opt out of the Obamacare mandate that all employers must provide birth control coverage for employees.
"By prohibiting the Supreme Court from citing Obamacare cases, we will be truly eradicating this unconstitutional policy from all three branches of government so that the repeal will be complete," King said. "Furthermore, we must work to restore Article I authority and the Rule of Law by ensuring Congress is the only entity of our government making or changing laws."
King introduced the bill on the first day of the 115th Congress.
King's proposal comes after House Republicans previously urged an appeals court to pause its work to resolve an ongoing legal dispute between the Obama administration and the GOP-led Congress about the financing of an Obamacare subsidy aimed at lower-income enrollees. President-elect Trump's victory in November likely changed the fate of the court case, as the incoming administration's plans for Obamacare may render House Republicans' complaint unnecessary.