I did not quote a law professor, but an article in the Wall Street Journal. I also provided the link you now post.
Section 1311: state-run exchanges, Section 1321: federal exchanges
Section 1401: premium assistance
Section 1401 pertains to Section 1311 state-run exchanges, it does not pertain to Section 1321 federal exchanges. The law is clear on this.
H.R.3590, Service Members Home Ownership Tax Act of 2009, “An Act To amend the Internal Revenue Code of 1986 to modify the first-time homebuyers credit in the case of members of the Armed Forces and certain other Federal employees, and for other purposes” did not raise revenue, it extended the time period of an existing tax credit.
Here is a link to H.R. 3590 as received and read in the Senate and placed on the calendar http://www.gpo.gov/fdsys/pkg/BILLS-111hr3590pcs/pdf/BILLS-111hr3590pcs.pdf
What’s your point in any of this?
HR 3590 originated as a tax bill, was gutted and changed to Obamacare and back to the House where it was approved. What’s to challenge? That the House did not originate Obamacare as a tax bill but yet did originate a tax bill that was changed by the Senate to Obamacare and then approved by the House? The House can do anything it likes to a bill once it is proposed. No court is going to overturn the House’s prerogative to approve and pass any bill it wants to.
As for the exchanges, it’s clear in the sections 1311 and 1321 that the federal government can contract and startup a non-profit to setup the state exchange if the state declines to do so. So a court is going to say it has to be a state government run exchange versus a federally backed state non-profit exchange? Again the court is not going to get into how government decides its laws are to be administered. Roberts said Obamacare is constitutional because it’s a valid tax under the 16th Amendment. How the government administers this ‘tax’ as a redistribution scheme is not something the courts are going to waste time with.
The whole idea of wasting time with these lawsuits is for what? To overturn Obamacare? Not going to happen! Then who benefits? Lawyers preying on conservative angst?
The REAL THREAT TO OBAMACARE comes from prospects of the 2014 election where the republicans have a shot at taking over the Senate and then forcing a defunding of the damn thing until the 2016 presidential election.
But what is the democrat’s response? IMMIGRATION BILL! Where they can get millions and millions of instant votes to stop the republican takeover of the Senate and possibly dislodge republicans from control of the House. THIS IS WHERE THE REAL FIGHT IS! These piddly lawsuits are nothing.
I know it’s a lot of reading but laziness should not be tolerated in the fight to preserve American freedoms and its Rule of Law.
From the archives I posted previously:
http://soundpolitics.com/archives/004254.html
SAM REED: NON-CITIZEN VOTES SHOULD STAND
I couldn’t find the Democrats’ original motion, but this Republican response shows that the Democrats filed to exclude any non-citizen votes from the tally of illegal votes in the election contest, unless the non-citizens were challenged before the election.
Secretary of State Sam Reed filed a motion in support of the Democrats’ position:
under the election contest statute as currently written, “illegal votes” do not include votes cast by improperly registered non-citizens1 unless their registration was challenged before the election. For that reason, the Democrats’ motion concerning this interpretation of the election contest statute should be granted
Great. So our unique voting franchise as “citizens” is, in the Reed/Gregoire interpretation of our election laws, mostly worthless. At least Joni Balter can no longer claim with a straight face that “State election officials are not aware of a single documented instance where a non-citizen voted in the governor’s race”.
You know, there’s a point at which it will become tempting for somebody to pay hundreds of thousands of people in Hyderabad to register and vote by mail claiming a permanent address at the King County Elections office.