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Can One Iraq Vet Stop Obamacare?
American Spectator ^ | April 29 2013 | David Catron

Posted on 04/29/2013 4:16:27 PM PDT by WilliamIII

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 Bronze Star is the plaintiff in Sissel v. U.S. Department of Health & Human Services, which Sissel sees as “a battle for my liberty — my freedom to live out my life to the fullest.” This is the only remaining lawsuit that has any chance of bringing down the entire health care law. His lawsuit, which was filed in July of 2010, was put on hold during the run-up to last June’s Supreme Court decision to uphold most of Obamacare. Ironically, that controversial ruling gave his case a new lease on life.

In that ruling, the Majority held that the individual mandate was essentially a tax. This finding prompted the Pacific Legal Foundation (PLF), which represents Sissel, to file a new constitutional cause of action based on the way the law was rammed through Congress. What we now know as Obamacare was initially cobbled together in the Senate, and that body of Congress is not permitted by the Constitution to write tax bills. Sissel and his PLF lawyers have therefore amended their complaint to say that the “reform” law violates the Origination Clause.

(Excerpt) Read more at spectator.org ...


TOPICS: Constitution/Conservatism; Editorial; Government; Politics/Elections
KEYWORDS: artist; etruscans; hhs; horatius; iraqwarvet; lawsuit; obamacare; obamasnare; originationclause; soldier; veteran

1 posted on 04/29/2013 4:16:27 PM PDT by WilliamIII
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To: WilliamIII

I would love to think this could work. However, it depends on the judges, who are likely to be liberals who make up the law to suit their agendas as they go along.


2 posted on 04/29/2013 4:20:18 PM PDT by American Quilter (I will succeed despite the liberals.)
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To: American Quilter
Or a Judge whose self and/or family is threatened with death or ruin. Or a Judge who they have something on and is blackmailed. Justice is suspended when it comes to Obama and ilk. It would take a miracle from the hand of God to break through the syndrome.
3 posted on 04/29/2013 4:32:12 PM PDT by Bellflower (The LORD is Holy, separated from all sin, perfect, righteous, high and lifted up.)
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To: WilliamIII
Let's not forget that Horatius was so severely wounded that he was then disabled and could not by law remain in the army or hold public office.


4 posted on 04/29/2013 4:36:31 PM PDT by Former Fetus (Saved by grace through faith)
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To: WilliamIII

I LOVE this guy! Here’s his page!
http://blog.pacificlegal.org/2010/dsffd-dsdfss/

(Oh, Lord, please forgive me the two exclamation points.)


5 posted on 04/29/2013 4:42:13 PM PDT by Gen.Blather
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To: WilliamIII

I hope Roberts saw this case on the horizon when he made his ruling. If so, he was playing chess while Obastard’s people were playing, well, not even checkers. Hey, I can hope...


6 posted on 04/29/2013 4:46:02 PM PDT by piytar (The predator-class is furious that their prey are shooting back.)
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To: WilliamIII
This is where my faith lies in killing Obamacare, not the useless politicians in Washington. We can only hope that upholding the government that all taxes originate in the House not the Senate.
7 posted on 04/29/2013 4:46:24 PM PDT by Logical me
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To: Logical me
We can only hope that upholding the government that all taxes originate in the House not the Senate.

If this nightmare is actually overturned - watch the spineless Pub's in the House try and take credit for it.

Alternatively, I expect a few to also introduce a motion to deem it law.

8 posted on 04/29/2013 4:55:28 PM PDT by capydick (''Life's tough.......it's even tougher if you're stupid.'')
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To: piytar
I hope Roberts saw this case on the horizon when he made his ruling. If so, he was playing chess while Obastard’s people were playing, well, not even checkers. Hey, I can hope...

He is not supposed to PLAY with the Constitution, he is supposed to abide by it.
9 posted on 04/29/2013 5:00:33 PM PDT by Dr. Sivana (HRC:"Sometimes she looks like a primary schoolgirl and sometimes a pensioner going shopping,"-NKorea)
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To: Logical me

If the USSC strikes down Obamacare would O’Lenin then defy the court? He has shown signs of such defiance already and that may trigger his defining defiance and transformation.


10 posted on 04/29/2013 5:02:00 PM PDT by arthurus (Read Hazlitt's Economics In One Lesson ONLINE www.fee.org/library/books/economics-in-one-lesson)
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To: WilliamIII
Many have by now forgotten the legislative skullduggery that the Democrats, who controlled both houses of Congress at the time, used to pass this monstrosity. The Senate took a bill that had been passed by the House of Representatives, the “Service Members Home Ownership Act of 2009,” and removed every syllable. Then, the bill’s verbiage was replaced with that of a health care bill written by Democrat Senator Max Baucus with a little help from Senate Majority Leader Harry Reid and President Obama’s creatures at the White House.

IOW, they did a cut-and-paste. Of the entire bill.

11 posted on 04/29/2013 5:03:48 PM PDT by E. Pluribus Unum (Islam is a religion of peace, and Moslems reserve the right to behead anyone who says otherwise.)
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To: WilliamIII
If we have the rule of law, he wins.

However, the only reason we are where we are is because the rule of law has been "fundamentally transformed."

12 posted on 04/29/2013 5:06:02 PM PDT by E. Pluribus Unum (Islam is a religion of peace, and Moslems reserve the right to behead anyone who says otherwise.)
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To: E. Pluribus Unum
Does Obama care promote the general welfare of the United States of America?

NO.

Constitution violated.

I'm such a simpleton.

13 posted on 04/29/2013 5:12:08 PM PDT by right way right (What's it gonna take? (guillotines?))
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To: WilliamIII

I thought this is why Roberts ruled as he did...A tax originated in the Senate???


14 posted on 04/29/2013 5:21:37 PM PDT by IrishPennant (All warfare is based on deception.)
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To: WilliamIII

Why couldn’t be thrown out because it does not treat all people the same?


15 posted on 04/29/2013 5:38:31 PM PDT by funfan
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To: Dr. Sivana

Well said. However, sometimes you lose a battle to win a war. That’s game theory, but don’t mistake the word “game” for “play.”


16 posted on 04/29/2013 5:44:46 PM PDT by piytar (The predator-class is furious that their prey are shooting back.)
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To: right way right
As I said, if we lived under the rule of law, you would win the argument.

We don't.

We live under the rule of Ubama, and this is what it looks like:


17 posted on 04/29/2013 6:10:16 PM PDT by E. Pluribus Unum (Islam is a religion of peace, and Moslems reserve the right to behead anyone who says otherwise.)
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To: WilliamIII

BTTT!


18 posted on 04/29/2013 8:07:23 PM PDT by neverdem (Register pressure cookers! /s)
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To: WilliamIII

What’s the difference betweenn the KKK and the Supreme Court?
The Supreme Court wears black robes and scares white people.


19 posted on 04/29/2013 10:24:54 PM PDT by rolling_stone
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To: WilliamIII
"the Majority held that the individual mandate was essentially a tax."

Doesn't that make medical professionals government employees?
20 posted on 04/30/2013 1:28:41 AM PDT by clearcarbon
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To: IrishPennant

There are a couple of other quirks in the ruling...like an implication that the lawsuit was premature since no one had actually paid the “tax”. Pretty threadbare to hang one’s hopes on...and ridiculously expensive.

... but elections have consequences.


21 posted on 04/30/2013 5:10:59 AM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: WilliamIII

Doesn’t the same theory apply to the Senate starting the Internet Taxation laws???

Under Obama, it seems only the Senate & the Oval office are running the country. The House of Reps & the Supremes are being ignored while Obama rams thru anything he wants—either with a ‘law- or an Executive Order.


22 posted on 04/30/2013 8:41:30 AM PDT by ridesthemiles
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To: neverdem

Thanks for the ping.


23 posted on 04/30/2013 12:48:35 PM PDT by sweetiepiezer
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