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This past week, the United States Court of Appeals for the District of Columbia Circuit, over the vigorous dissent of four judges on that court, denied rehearing en banc (legalese for an entire court rather than just a panel of three judges) in the case of Sissel v. United States Department of Health and Human Services. Sissel is a case against Obamacare led by the Pacific Legal Foundation, arguing that Obamacare is invalid because it violated the Origination Clause. Now, the challengers have ninety days to file a writ of certiorari (an appeal) before the U.S. Supreme Court. …

The legal battle over Obamacare isn’t over. A lawsuit that could nullify the president’s signature health care law on the basis of the Constitution’s Origination Clause is gaining momentum as it goes Thursday before the D.C. Circuit Court of Appeals. Filed by the Pacific Legal Foundation in Sacramento, Sissel v. U.S. Department of Health and Human Services alleges that Affordable Care Act is unconstitutional because the bill originated in the Senate, violating the Constitution’s mandate that “all bills for raising revenue shall originate” in the House. “I think it’s clear that the ACA ‘tax’ was unconstitutionally passed, and the only...

Sissel v. United States Department of Health & Human Services Status: Plaintiff appealed to the D.C. Circuit Court of Apppeals on Jul. 5, 2013. Briefing completed Dec. 20, 2013. Oral argument scheduled for May 8, 2014. Summary: Pacific Legal Foundation has launched a new constitutional cause of action against the federal Affordable Care Act. The ACA imposes a charge on Americans who fail to buy health insurance — a charge that the U.S. Supreme Court recently characterized as a federal tax. PLF’s amended complaint alleges that this purported tax is illegal because it was ntroduced in the Senate rather than...

On May 8th, oral arguments will take place in the D.C. Circuit Court Of Appeals concerning the unconstitutional manner in which the Affordable Care Act was assembled and placed before congress for passage. According to the Origination Clause in Article 1 of the Constitution, “All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.” In 2009, the House passed a bill concerning proposed tax credits for members of the military who were first time home buyers. The Senate took that Bill, removed ALL of the...

Two years ago, when the Supreme Court declared Obamacare's penalty to be a tax, it doomed the healthcare reform act as an "unconstitutional violation of the origination clause," columnist George Will says. This Thursday, the Washington, D.C., Court of Appeals, the nation's second-most important court, will hear arguments on whether the Affordable Care Act adheres to the Constitution's "origination clause," which declare that "all bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills," Will writes in his column in The Washington Post Saturday. Will points...

In the lore of the ancient Romans, Horatius was a soldier who single-handedly fought off an invading army. The Etruscans had attacked in order to impose a despot on Rome and, by holding them back while his comrades destroyed the bridge that was the only practical route to the city, this single warrior saved the free republic. Obamacare is certainly the bridge via which the forces of despotism plan to “fundamentally transform” the United States, and a decorated Iraq veteran named Matt Sissel may be the Horatius who prevents them from crossing. This 32-year-old artist, businessman, and holder of the...

“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...

Obamacare supporters rejoiced in June when the Supreme Court ruled the U.S. could use its taxing authority to mandate that most people buy health insurance. But their celebrations may have been a bit premature. The Affordable Care Act faces other legal hurdles—including a challenge that only could have been made after the Supreme Court’s ruling. The right-leaning Pacific Legal Foundation amended its challenge to the ACA after the Supreme Court upheld the insurance mandate under Congress’ taxing powers. The group's challenge turns on the Origination Clause in the U.S. Constitution, which requires that bills for raising revenue start in the...