Obamacare could still be unconstitutional because it’s a tax
The Pacific Legal Foundation argues that the Affordable Healthcare Act is unconstitutional because the bill originated in the Senate rather than the House of Representatives and taxes must originate in the House.
Under the Origination Clause of the Constitution, all bills raising revenue must begin in the House,” the Washington Times notes.
You may recall in June 2012, when the Supreme Court ruled on “Obamacare” that Chief Justice John Roberts defined the bill as a tax, not a mandate. This, according to the Times, is where PFL attorneys saw their opening.
“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 recently. “Well, then the Origination Clause ought to apply. The courts should not be out there carving in new exceptions to the Origination Clause.”
There’s still hope that this costly healthcare bill will be declared unconstitutional despite the fact that the government is arguing against the lawsuit saying that a shell bill originated in the House and was stripped in the Senate and completely rewritten.
It’s not the only lawsuit against Obamacare, but it’s the only one that could potentially wipe out the entire bill! Freedom of religion lawsuits are still out there but would leave Obamacare mainly intact even if they are successful.
Our nation’s financial future will again hang by a technical thread. Let’s see if Chief Judge Roberts can get it right this time.