Sessions' legal opinion reads in part:
As you are aware, the prior administration originally sought an appropriation to fund CSR payments--suggesting it believed such an appropriation was necessary-–but then later concluded that section 1324’s permanent appropriation was available. The U.S. House of Representatives sued, contending that Congress had not appropriated funds for CSR payments. The U.S. District Court for the District of Columbia agreed, holding that section 1324 does not appropriate funds for CSR payments.
The memo notes that the Obama administration appealed the federal court’s decision, and the court put the appeal on hold, to allow time for potential legislative action by Congress, which never happened.
The memo also notes that while Congress did permanently appropriate money for Obamacare's permanent tax credits, it did not permanently appropriate money "to directly fund the CSR program."
"Congress has the power of the purse, and it is up to Congress to decide which programs it will and will not fund," Sessions wrote.Read more at CNSNews