Skip to comments.Suit: Roberts' ruling a poison pill for Obamacare
Posted on 09/15/2012 5:03:15 PM PDT by WilliamIII
he penalties Americans will be required to pay under Obamacare for going without health insurance were declared constitutional in a U.S. Supreme Court decision that hinged on Chief Justice John Roberts assertion that the assessments are taxes.
But a legal challenge to the federal government takeover of health-care decision-making says thats a problem, because Harry Reid created the Obamacare legislation, with all of its new taxes, in the U.S. Senate.
The demand for an explanation is being raised in an amended complaint filed by the Pacific Legal Foundation, which is representing a man who believes the new bureaucracy isnt legal.
If the charge for not buying insurance is seen as a federal tax, then a new question must be asked, said Paul J. Beard II, the principal attorney for the organization.
When lawmakers passed the Affordable Care Act, with all of its taxes, Did they follow the Constitutions procedures for revenue increases? Beard asked.
The Supreme Court wasnt asked and didnt address this question, he noted.
The question of whether the Constitution was obeyed needs to be litigated, and PLF is determined to see this important issue all the way through the courts, he said.
(Excerpt) Read more at wnd.com ...
They find a way to wiggle out of this too. The only way to effect this change is at the ballot box. The mealy mouthed “Moderates/Liberals on the SCOTUS won’t ever let it happen.
The only way to effect this change is at the ballot box.
Really? Which politicians, if elected, are going to repeal Obamacare? Please give me their names.
“They find a way to wiggle out of this too.”
No. It is either legally legislated or not. The answer is not. Roberts is neither stupid or liberal. It was a ruling that needed another ruling and he knew it. Just my opinion. There is nothing but a legal opinion required here. Whether it gets kicked down the stairs or not will be up to the legislative branch...they levy taxes. This is a tax. Which is what a conservative would believe.
Yup. I don’t hear anyone talking about repealing Obamacare.
Spineless. Gutless. Dare I say how the German parliament became irrelevant.
That point has been made here at FR at least 1000 times. All bills of revenue MUST originate in the House.
I swear.....I could pick 9 people at random from the phone book and probably get more common sense and wisdom than the Drama Queens in Black Robes.
For all their "legal brilliance" - these clowns cannot (for the life of them) seem to follow a straight forward 6 page document.
Roberst is not ignorant nor is he stupid, I think that he was asked to rule on a very narrow group of questions and for some reason, no one thought to ask if the whole thing was unconstitutionally passed.
Hope Justice John Roberts doesn’t do ua any more favors.
I agree. He basically said they COULD do this if they do it under the taxing power.
But it’s simply not written that way, and the very first person that gets dinged will have standing to challenge it.
See post 5
It won't get fixed there. President Romney will not have the will or the leadership to drive it home. The SCOTUS decision was the most important event of 2012 (not the upcoming election) and we lost. I hope this challenge gains momentum. If the mandate is a tax, and the mandate was added in in The Senate, then it should be illegal because The Senate does not have the power to draft tax bills. It's a long shot. But it's worth a try.
“But its simply not written that way, and the very first person that gets dinged will have standing to challenge it.”
Exactly. It COULD be overturned legislatively; to be overturned by a court there has to be injury, as you point out. Either way, that big tax balloon is going down.
At the ballot box primary you pick them.
Like the man said...”NAME THEM”
This has been brought up before. It turns out that they claim it did originate in the house since the Senate took a bill that came from the house and wiped out the text and replaced it with Obamacare. Now obviously this is a form of Fraud in a sense as it is subverting the intention of the constitution, and the founders. But I guess it is not the first time it has been done.
Here is some info on how they used a house bill.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.