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Group Says ACA Individual Mandate Tax is Illegal Because it Was Introduced in
Townhall.com ^ | November 15, 2015 | Cortney O'Brien

Posted on 11/15/2015 12:34:33 PM PST by Kaslin

The Constitution's Origination Clause requires that any tax-raising bill needs to be introduced in the House of Representatives. It is this text that gives the Pacific Legal Foundation a justifiable case against Obamacare's individual mandate tax on Americans that don't purchase health insurance, which was introduced in the Senate. In Sissel v.U.S. Department of Health & Human Services, PLF is representing Iowa small business owner and former Iraq combat medic Matt Sissel to challenge the constitutionality of the tax.

From an appeal PLF filed in October:

"The Origination Clause [in Article I] was designed to ensure as much democratic control as possible over the taxing power, by vesting that power in a House of Representatives elected biennially by the people. The [Circuit Court's] new test allows the Senate to circumvent that constitutional mandate merely by asserting that a tax the Senate originates is meant to serve some larger goal, or by embedding that tax in an omnibus bill that serves a variety of different goals.This upsets the longstanding balance of power between the House and the Senate and endangers the liberty secured by the Constitution's procedural requirements."

Sissel said he is determined to not let this health care law circumvent our basic rights:

"I'm in this case to defend freedom and the Constitution," said Sissel. "I strongly believe that I should be free and all Americans should be free to decide how to provide for our medical needs, and not be forced to purchase a federally dictated health care plan. I'm very concerned about Congress ignoring the constitutional roadmap for enacting taxes, because those procedures are there for a purpose to protect our freedom."

This is hardly the first time law-abiding Americans have tried to drag the Obama administration to court over the Affordable Care Act. Last year, Christian-owned businesses cried foul over the HHS' birth control mandate that forced them to violate their consciences and provide employees with abortifacients. The Court ruled in favor of religious freedom. Now, religious non-profits are hoping for the same outcome.

It's not just churchgoing Americans upset with the law. A new Gallup poll reveals that a majority of the general electorate,52 percent, disapprove of the ACA.

Should the Court agree with PLF, the constitutionality of Obamacare's individual mandate will again be in question. Of course, we wouldn't even be having this discussion if John Roberts had voted the other way.


TOPICS: Culture/Society; Government
KEYWORDS: 0bamacare; individualmandate; supremecourt
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The rest of thee title is 'Wrong' House of Congress
1 posted on 11/15/2015 12:34:33 PM PST by Kaslin
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To: Kaslin

Traitor Roberts disagrees.


2 posted on 11/15/2015 12:37:39 PM PST by Paladin2 (my non-desktop devices are no longer allowed to try to fix speling and punctuation, nor my gran-mah.)
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To: Kaslin

The Obama administration must have photos of the SC judges with kneepads on. I wonder how thick Roberts file is?


3 posted on 11/15/2015 12:38:27 PM PST by jsanders2001
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To: Paladin2

One of these days the SC judges will be in nursing homes. I hope they get their just dessert.


4 posted on 11/15/2015 12:39:59 PM PST by jsanders2001
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To: Kaslin; SunkenCiv; narses; xsmommy; tioga; secret garden
Actually, since the democrat's all-so-holy hallowed Roe vs Wade ruling (all hail their mighty Rule when the democrats like their rulings!) simply states that a woman's so-called "right to privacy" is more important than a baby's Right to Life, then EVERYBODY's "Right to Privacy" should absolutely prohibit ANY government law from controlling ANY access or restriction or requirement with respect to healthcare.
5 posted on 11/15/2015 12:45:01 PM PST by Robert A Cook PE (I can only donate monthly, but socialists' ABBCNNBCBS continue to lie every day!)
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To: Kaslin

The opinions of the SCOTUS liberals should come with a bag of pretzels, because that is what they are going to do to logic in order to avoid the plain language of the document they are charged with interpreting.

Sadly, Kennedy (and probably Roberts) will join them because their emotions (”oh woes, we can’t let people lose their health insurance”) will win out over honesty.


6 posted on 11/15/2015 12:46:54 PM PST by LostInBayport (When there are more people riding in the cart than there are pulling it, the cart stops moving...)
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To: Kaslin

As I recall, they carefully left out any mention of a tax in the ACA. But you’re forced to buy health insurance or pay a penalty if you don’t & is enforced through the IRS. You can’t opt into Obamacare without revealing your income, because any subsidy is going to be based on what is on your tax return.


7 posted on 11/15/2015 12:52:28 PM PST by smokingfrog ( sleep with one eye open (<o> ---)
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To: Kaslin

Good luck with that.

Every conceivable legal challenge to Obamacare will fail as long as Roberts, Ginsburg, Breyer, Sotomayor, and Kagan are legislating from the bench.

We are no longer a nation of laws. We are a nation ruled by an oligarchy of 5 Supreme Court Justices with lifetime appointments.


8 posted on 11/15/2015 1:07:49 PM PST by Bubba_Leroy (The Obamanation Continues)
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To: LostInBayport

Scalia, Kennedy, Ginsburg and Breyer will all be in their 80s when the next President takes office (assuming that Obama has not already gotten to replace them with young, far left-wing liberals).

If Hillary is our next President, then a far left-wing oligarchy of Supreme Court Justices will be ruling over every aspect of our lives for the next 30 years.

Be afraid. Be very afraid.


9 posted on 11/15/2015 1:12:34 PM PST by Bubba_Leroy (The Obamanation Continues)
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To: Bubba_Leroy

True!!


10 posted on 11/15/2015 1:18:47 PM PST by jimmyray
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To: Paladin2

Didn’t Roberts say it was a tax?


11 posted on 11/15/2015 1:27:34 PM PST by billyboy15
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To: Kaslin

The rest of thee title is ‘Wrong’ House of Congress
++++
As I recall (a weak position I assure you), Harry Reid took a House generated bill and amended it with a few thousand pages and Obamacare was born.

Yes it is a Senate originated bill.
Yes it technically originated in the House.

Correct me if I am wrong, a strong possibility.


12 posted on 11/15/2015 1:32:35 PM PST by InterceptPoint
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To: Kaslin

Our Chief Justice and 4 Leftist ideologues on the USSC will no doubt uphold it anyway.


13 posted on 11/15/2015 1:37:54 PM PST by Tallguy
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To: Kaslin

No standing.

Inaction is action in itself. If the house ducked it responsibility, vote for better representatives.

— That imho is the likely outcome, that it’s tacitly approved if the house does not contest in a timely manner.


14 posted on 11/15/2015 1:47:02 PM PST by Fhios
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To: Kaslin

The SCROTUS already whipped the asses of WORKING Americans in this battle. Complaining isn’t going to go anywhere with Barry’s “court”.


15 posted on 11/15/2015 1:51:29 PM PST by FlingWingFlyer (#blackfridaysmatter)
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To: Kaslin

In cases like this, SCOTUS will say, “It’s not a tax.”

In all others it will say “It’s a tax.”


16 posted on 11/15/2015 1:58:43 PM PST by fruser1
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To: smokingfrog
As I recall, they carefully left out any mention of a tax in the ACA. But you’re forced to buy health insurance or pay a penalty if you don’t & is enforced through the IRS. You can’t opt into Obamacare without revealing your income, because any subsidy is going to be based on what is on your tax return.

Also, recall that Johnny Roberts had to decide the mandate was a tax in order to convince himself to let the ACA stand the first time around.

Moreover, the ACA contains plenty of literal taxes, such as the 2.3% tax on medical device sales, the surtax on investment income, the 40% "cadillac tax" on insurance plans deemed to be too good, the 10% tax on indoor tanning services, and a number of other direct and indirect taxes.

17 posted on 11/15/2015 2:10:05 PM PST by cynwoody
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To: smokingfrog
As I recall, they carefully left out any mention of a tax in the ACA

However the administration argued before the Supreme Court that it was a tax. The court ruled in their favor and it is now adjudicated before the highest court in the land that it is a tax. However, I fully expect John Roberts to screw us again. If he does this is grounds for impeachment in any rational court.

18 posted on 11/15/2015 2:27:21 PM PST by cpdiii (Deckhand, Roughneck, Geologist, Pilot, Pharmacist THE CONSTITUTION IS WORTH DYING FOR)
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To: Kaslin

Absolutely correct.


19 posted on 11/15/2015 2:31:41 PM PST by Jim Robinson (Resistance to tyrants is obedience to God!)
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To: Kaslin
Of course, we wouldn't even be having this discussion if John Roberts had voted the other way...of course, it was Roberts who in effect rewrote the Obamacare bill the first time it was considered by the Supreme Court to try to save it by changing the definition of the "fine" which had to be paid by those who didn't have insurance coverage to say instead that it was a "tax" - hard to see how he could go against his own definition the next time around....
20 posted on 11/15/2015 7:02:39 PM PST by Intolerant in NJ
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