The longer this turd of a government program sticks around the hard it will be to dismantle it, and it would require a GOP congress and president to repeal it. The soonest would be 2017
(Washington Times) “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 foundation’s 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.â€
The government argues that it originated with HR 3590, as in originating in the House, but, that was a shell bill, and had nothing to do with raising revenue, ie, taxes.
The suit is currently working its way through the courts. The next big chance won’t be till people are nailed by the Mandate. Unfortunately, citizens and groups can’t sue the government for the bald faced lies they told while passing the piece of crap.
could this be what justice roberts was waiting for?