Obamacare Could Still Be Overturned



cartoon via www.netrightdaily.com

Obamacare is the most expensive free ride in the history of the world as we are beginning to find out with its initial unveiling. There is hope that it could still be overturned with an upcoming lawsuit, Sissel v. United States Department of Health & Human Services. Don’t get your hopes up too much – it’s a longshot.

The Pacific Legal Foundation (PLF) filed the suit which could overturn the Affordable Care Act. The basis of the lawsuit is that the Affordable Care Act, more popularly known as Obamacare, originated in the Senate instead of the House, as required by the Constitution’s Origination Clause for new revenue-raising bills (Article I, Section 7).

ACA’s fee has been determined to be a federal tax because it requires a payment to the federal government from people who decide not to buy health insurance. Revenue-raising bills must originate in the House.

The PLF case was heard by the US District Court in DC. The government asked for a dismissal on November 8, 2012 based in part on the fact that only eight origination cases have ever been heard and none were overturned by SCOTUS. The PLF filed a motion on December 3, 2012. A decision is expected any day.

The government claims that the bill did originate in the House as the Service Members Home Ownership Act. It was a shell bill and shell bills are often modified by the Senate. The government (DOJ) said the Senate can amend any bill originating in the House. However, the bill in no way resembles the final bill. The Service Members Home Ownership Act was completely gutted and completely replaced.

The foundation said the government merely substituted one Senate bill for another.

The government (DOJ) asserts that the House does allow for this when “the money raised was incidental to the bill’s mission.”  The claim is that the mission was to improve the nation’s healthcare system and the revenue was incidental.

The foundation asked the question, “What kinds of taxes are not for raising revenue?” [Don’t forget, Obamacare was ruled a tax for purposes of funding.]

This case is the only one that has the potential of overturning Obamacare. A lawsuit filed by the Goldwater Institute which was aimed at the Independent Payment Advisory Board was dismissed last year. Upcoming lawsuits contest only individual portions of the bill such as the HHS mandate.

The strongest case, NFIB v. Sebelius, was decided last summer by SCOTUS, which found that the APA was constitutional. The SCOTUS ruled that ACA’s individual mandate to buy health insurance was not a violation of the Constitution’s Commerce Clause (Article I, Section 8).

Justice Roberts and the liberal members of SCOTUS upheld the individual mandate and allowed Congress the power to tax to implement the mandate.

At the time Obamacare was passed, the government lied and said it would be revenue-neutral. They also said it was not a tax and then called it a tax as the lawsuit evolved.

The Senate didn’t want to send the bill back to the House to be written properly because if it went back to the Senate for a vote, they’d lose. After the election, hey didn’t have the 60 votes.

Justice Roberts put some constraints on the government by limiting the Medicaid expansion. Unfortunately, the governors are caving on Medicaid as the government bribes them to take it with a temporary guaranteed payment, the key word here being “temporary.”

Obamacare is a bad bill, poorly written, and unaffordable. It will destroy the healthcare system in this country and it will destroy our economy. Obamacare gives the government control over one-sixth of our economy and to implement it, the government now has unlimited power to tax thanks to the SCOTUS.

Obamacare is fatally flawed but Obama doesn’t give a damn. How it works is of no consequence, it’s about the government controlling your healthcare, period.

Read more at the blaze.