washington white house say thursday u.s. department justice still decide whether appeal court rule challenge president barack obama healthcare law spokesman predict republicans ultimately would lose fight suit represent first time nation history congress permit sue executive branch disagreement interpret statute white house spokesman josh earnest tell brief unfortunate republicans resort taxpayer-funded lawsuit re-fight political fight keep lose add lose fight six years lose again comment come shortly u.s. judge rule thursday favor congressional republicans challenge implementation healthcare law argue administration spend fund congress appropriate white house predict republicans lose new challenge healthcare law