Happy Halloween, Freepers!
Posted on 10/31/2013 4:32:47 PM PDT by sheikdetailfeather
Even as Obamacare faces a rocky rollout, the legal battle against the program grinds on.
A lawsuit aimed at overturning Obamacare on the basis of the Origination Clause has moved to the appeals court after losing its first round in federal trial court.
Attorneys for the Pacific Legal Foundation in Sacramento filed an appeal last week with the District of Columbia Court of Appeals after a federal judge ruled June 28 in favor of the Obama administration’s motion to dismiss the case.
“Whoever loses at this stage of the proceeding will undoubtedly file at United States Supreme Court for a writ of certiorari, said PLF lead attorney Paul J. Beard III. “We are hopeful the U.S. Supreme Court will take this issue up again — you know it decided Obamacare on a different issue in 2012, and we believe we have a better than average chance because this issue as to whether the tax violates the [Constitution’s] origination clause was not raised in the original proceeding before the Supreme Court.”
(Excerpt) Read more at washingtontimes.com ...
Roberts will pull something out of his ass though.
Happy Halloween, Freepers!
To rule against the law on these grounds seems to me unlikely.
The Senate took up a House bill and then stripped it entirely and replaced it with Obamacare. That was passed back to the House and passed .
Apparently there is precedent and SCOTUS ruling on this procedure being legal.
I’m not a lawyer and never played one on the Broadway stage
They’ll just refuse to hear it
October 5, 2013 4:00 AM
Obamacare’s Unconstitutional Origins
Tax legislation has to originate in the House; the health-care law didn’t.
By Andrew C. McCarthy
http://www.nationalreview.com/node/360460/print
LOL! BOO!!!!
When I complain that the GOP is a stupid party this illustrates the point. When GOP face divided Congress they swear on a stack of Bibles that what Conservatives want is too radical and they have to compromise with the Dems to get some of what we want. They swear there is no way around the Dem roadblock.
Dems come along under the same situation and they use Parliamentary maneuver and get their radical agendas passed without the need for GOP votes.
LOL......Happy Halloween to you too. I turned 65 today, so I’ll skip the sale.
Let’s assume the good Dr gave me a vasectomy. Could I then drop the maternity care section of my nobamacare policy and get a discount?
Wait! That’s the wrong question. I should have asked: Are people who have had vasectomies included in any of the unconstitutional carveouts given by nobama?
Happy Birthday Gator!
Thank you... ;>)
Yes. Happy Birthday to you!
;>)
I'm looking at this differently. The Obama people were flip-flopping on whether this was a fine or a tax. It switched almost daily depending on who was asking the question. What Roberts did, in my opinion, was nail Obamacare's feet to the floor in stating it was a tax. He left that piece of rope out there for some "hopeful" lawyer to grab it and hang Obamacare once and for all. Anyhow, that's my story and I'm sticking to it.
Tax legislation has to originate in the House
That is why I think Roberts did what he did, which in effect planted a poison pill that could actually kill nobamacare by forcing it back to Congress.
Whether prior to the TAX actually affecting anyone gives anyone standing is a different question, which may short circuit this particular suit on origination. Once the tax is actually in effect the barn door will swing open on standing.
Folks, this is chess, not checkers.
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