Skip to comments.Lawsuit over health care tax could kill ‘Obamacare’
Posted on 04/01/2013 6:01:29 AM PDT by 2ndDivisionVet
Obamacare looks increasingly inevitable, but one lawsuit making its way through the court system could pull the plug on the sweeping federal health care law.
A challenge filed by the Pacific Legal Foundation contends that the Affordable Care Act is unconstitutional because the bill originated in the Senate, not the House. Under the Origination Clause of the Constitution, all bills raising revenue must begin in the House.
The Supreme Court upheld most provisions of the act in June, but Chief Justice John G. Roberts Jr. took pains in the majority opinion to define Obamacare as a federal tax, not a mandate. That was when the Sacramento, Calif.-based foundations attorneys had their aha moment.
The court there quite explicitly says, This is not a law passed under the Commerce Clause; this is just a tax, foundation attorney Timothy Sandefur said at a Cato Institute forum on legal challenges to the health care act. Well, then the Origination Clause ought to apply. The courts should not be out there carving in new exceptions to the Origination Clause.(continued)
(Excerpt) Read more at washingtontimes.com ...
Perhaps, but Satan himself is behind this, and backing 0bama, so I wouldn’t bet the farm that this attack on 0bamacare is going to get anywhere.
IIRC, the bill originated in the House, didn’t it? It was taken (and amended) by the Senate, then the House had to re-vote on the changed version, as the Senate couldn’t take any changes or go to conference because the GOP gained enough seats to filibuster it.
ya, what a brilliant idea. Why kill it then when years (and billions of dollars) later we can kill it because it was a tax that started in the senate that was placed in a stripped out house bill that means it likely started in the house but now we have to ask Roberts if that is ok.
It would be nice if Roberts had that ulterior motive, but if his intent was to squash it he could have just done it right then and there and said there was no way a government could FORCE you to buy something, and calling it a tax did not make it right, because only certain people will be ‘taxed’ which violated the fairness clause.
No, the bill originated in the Senate. The House voted on a similar version. The Senate then tacked on myriad amendments and voted on it with a very narrow majority voting Aye. They had to ramrod an unamended version through the House on the “auspices” that the Senate would simply vote through the entirety of the amended act without any changes to prevent reconciliation.
Essentially, the House and the Senate conspired to push through poor legislation, because they knew overall support wasn’t there but managed to get the bare minimum to push it through quickly.
Regardless of the history, the bill was first offered in the Senate, which is against parliamentary procedure.
I agree. No lawsuit will bring it down; however, it might bring itself down as the concrete block that broke the knat’s back of our economy, collapse of the monetary system, which unfortunately will “repeal” everthing with it.
Yep, I’ve been of the opinion, especially since Nov 2012, that they only way “out” is “through”, meaning we have to collapse and rebuild as the only way to regain our liberties in this country.
The left has just been too successful in getting large numbers looking to government as their god.
No. The bill originated in the House. However, it was an unrelated bill on veterans issues. The Senate took that bill number as a shell, substituted the healthcare language and rammed that through reconciliation. The House did ultimately vote on it... but the original language was not on the bill originated by the House.
Somebody finally woke up.
Yeah...this thing is a mess. 50 exchanges? Thy don’t even have the software developed. Why not national competition? Now after 100s of speeches they want to go on another campaign blitz. Even the nutcases at DU are having second thoughts .
How can something this rickety survive when one party constantly tries to undermine it?.... It can’t m
Nothing will kill Obamacare, nothing.
The Dems want it, the GOPe wants it, and the 47% thinks it’s the path to their goal of sitting on their butts doing nothing.
Obamacare is here, it ain’t going anywhere. I’d bet money on that.
Yeah. I personally believed that Republican leadership thought that Obamacare would get more people to vote for Romney to repeal it. It will get thrown out because it violates the free exercise clause of the First Amendment. Obama will call that judgment “unAmerican” or some bulls***, to which the response will be “Well, you thought their FIRST ruling was correct, right?”
I think one of the many obvious scams leading to the Obamacare vote was taking a Senate bill (something about a housing benefit for veterans), gutting every single bit of that existing bill, adding the 2700+ page “amendment” known as Obamacare, and shoving it through.
That said, I have little faith that the Court will go our way on this. We know the fix was in last June, plus there seems to be a growing tendency in the now-provably-corrupted judicial system to simply say (falsely) that it’s not their job to fix Congressional “mistakes” — it’s up to the voters.
...Nothing will kill Obamacare, nothing.
When 2014 comes and premiums go up by 50%, people will be chomping at the bit to get rid of it. You might even see Democrats running on the promise of repeal by then.
We don’t even know who wrote it.
Congress does not know who wrote it!
Congress for the most part didn’t even READ IT!!!
HOW THE HELL does ANYONE determine which house it originated in???
“When 2014 comes and premiums go up by 50%, people will be chomping at the bit to get rid of it. You might even see Democrats running on the promise of repeal by then.”
The media tells the people there is no inflation. People buy groceries, I’m sure they do. It’s impossible for them to not experience the effects of inflation, I know I am experiencing it. And yet, you never hear people talk or complain about inflation.
The media ignores the rise in gas prices. The public grumbles from time to time, but largely accepts it as if it were the weather. Unlike when gas went up under Bush, and the media wanted to know what Bush was doing. The public was livid.
The media highlights the stock market and says the economy is recovering. The public ignores the job insecurity they have, the number of people they know without a job, and the dismal hiring around them. They haven’t the faintest clue that the Fed is stealing money by doing QE and propping up the market.
So, when the increases in premiums come, the media will spin it, and the public will accept it. The media is beyond corrupt, and the public is stone cold stupid.
Nothing will kill Obamacare, nothing.
After decades of the government milking us like nothing more than cows for our entire working careers, CommieCare is just the tool they need to extract the few remaining dollars from us before they put us in the ground.
Please stop using the term ObamaCare as I don’t want to spend the rest of my life being reminded of the NAPA in the White Hut.
Anyone looking to the USSC for salvation believes in the Easter Bunny.
These black robed traitors to the Constitution are nothing more than political hacks with their endless stream of 5-4 decisions.
HONEST people, well schooled in the founding of this country and a grasp of the Federalist Papers, could not consistently come up with 5-4 decisions unless they are nothing more than political hacks working for the government. The citizens be damned. The USSC judges are traitors pure and simple and should be treated as such.
If, on the other hand, our Constitution and our laws are so difficult to understand that brilliant USSC judges cannot agree what they mean, I then maintain “Ignorance of the Law” is a perfectly valid excuse and we are free to Ignore what 9 alleged “brilliant jurists” cannot agree upon.
4/9ths of us should be able to opt out of CommieCare if 4/9 ths of the most brilliant legal minds agree with us.