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A federal judge ruled in favor of House Republicans on Thursday in a lawsuit brought against the legality of certain spending under ObamaCare.

Republicans took issue with an "unconstitutional" $175 million program that authorized payments to insurers over a decade to reduce co-payments for lower-income people.

On "The Real Story," Judge Andrew Napolitano explained that the GOP's argument was that Congress never appropriated that money and even denied an Obama administration request for it, but the administration spent the money anyway.

"This is another example of President Barack Obama doing something as the executive which the Constitution says only the Congress can do: spend the people's money," Judge Napolitano said.

Asked Thursday about this legal development, White House Press Secretary Josh Earnest said this isn’t Republicans’ first attempt to oppose ObamaCare in the courts.

He said this this particular effort is unprecedented, however, because this lawsuit represents the first time in the nation's history that Congress has sued the executive branch over a disagreement about how to interpret a statute.

Judge Napolitano disagreed, saying Earnest is "dead wrong."

"This is not a dispute about the interpretation of a statute," Judge Napolitano explained. "This is a dispute about the interpretation of the Constitution, whether or not the president can violate the Constitution, which says only the Congress can spend the people's money."

Get more insight from the judge above.


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