Rep. Mark Walker hasn't forgotten about the pending House lawsuit challenging the legality of Affordable Care Act insurer subsidies — the very same ones the Trump administration said Wednesday they'll continue to pay for the time being. A district court judge has ruled in favor of the House, but the Obama administration had appealed the decision.

"Congress has made no appropriation for Obamacare cost sharing reduction payments," Walker said in a statement. "We believe making these payments without congressional approval is both clearly illegal and unconstitutional."

The continued payments, which bring down the costs of deductibles and out-of-pocket costs for low-income exchange enrollees, have widely been received as a way to keep a fight over the subsidies from shutting down the government. Democrats have eased off their demands for putting the funding in the spending bill currently being negotiated.