The Leftist Democrats will say “That’s old news”. They will argue it’s just a technicality, and ignore the point all together.
It is a procedural technicality which will be ignored (or the ruling class will insist that it be ignored).
Technicalities don’t matter in a dictatorship.
I could be wrong, but my understanding of how they circumvented that requirement was by using “gut and amend” - that is, taking an unrelated bill that had been passed by the House, stripping out the original contents of the bill, and “amending” the bill to include the Obamacare language. Under this process, the bill “technically” still originated in the House. The bill then just has to go back to the House for concurrence on the “amendment”.
fubocare was written as a tax, and fubo’s own lawyer testified under oath that it was a tax...
but, is it an equitable tax?
with all the exemptions written into the bill, the first time someone has to pay it (2014) it will go to court.
either the tax is ruled unconstitutional, or those that got them there nifty exemptions will lose them..
this ain’t over by a longshot..
The court will rule that the Congress governs itself and if there is an objection on procedural grounds it must be raised within the Congress. If the rights of the House have been usurped then let the House object. Ordinary citizens have no standing to sue over such matters.
The court,as currently constituted,are in awe of the 21st Century’s Mao Tse Tung just as certainly as are about 50% of the population.Regardless of the Constitutional validity of this petition the SCOTUS will shoot it down...5 to 4.And,of course,Roberts will vote the wrong way.
I and many others here have been saying from day one that it was unconstitutionally passed.
The New Left has convinced much of our society to throw out the rule of law. The law is not just another tool for them to advance their agenda. The little people are irrelevant to them.
We live under mob rule.
Whatever the mob wants, it gets.
There’s only one problem with this analysis: the Constitution is a dead letter.
It only means what the Supreme Court says it means.
I’m not very optimistic about this mainly because all this was known at the time of the original ruling. It was still ruled constitutional.
If they ignore the fact that the Country is ruled by a kenyan would-be dictator, I’m sure where the 0bamascare monstrosity originated will also be overlooked.
How A Legal Technicality Could Unravel Obamacare
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
“Dr. Orly Taitz, please pick up the white courtesy phone. Dr. Taitz!”
I can see this now. Birthers (of which I am one of) going from legal technicality to the next one.
Hoo Boy!
Obamacide will not be killed on a technicality. It might be mortally wounded when 20 or more states kick the legs out from under it by declining to set up exchanges at their own expense and put the burden on the Feds ..... and the ACA doesn’t provide funding for the setting up of exchanges by the Feds. Of course, the House Repubs would have to help out by starving the beast ....
These people don’t care about technicalities, and neither do they care about legality.
(The rule of law ain’t no maw.)
IMHO
With all the Waivers issued, what about filing suit on an Equal Protection of the Law basis?
Massive Waivers prove 0bamaCare is unequally applied law, contrary to the 14th Amendment.
It's old, it's outdated, it was written by a bunch of rich old white men.
Who cares about the Constitution?
Didnt they come up with a loophole for this, by getting the House to pass the exact same bill as the Senate did? The other trick was to gut a bill already sent over and replace the details. there were a total of 3 bills passed by each house, but 2 of each matched in each house signed by O, because of budget reconciliation.
I was thinking about this because Obama and Reid are demanding that the House pass that tax bill that the Senate already passed, so its exactly the same crap.