Posted on 09/15/2012 5:03:15 PM PDT by WilliamIII
he penalties Americans will be required to pay under Obamacare for going without health insurance were declared constitutional in a U.S. Supreme Court decision that hinged on Chief Justice John Roberts assertion that the assessments are taxes.
But a legal challenge to the federal government takeover of health-care decision-making says thats a problem, because Harry Reid created the Obamacare legislation, with all of its new taxes, in the U.S. Senate.
The demand for an explanation is being raised in an amended complaint filed by the Pacific Legal Foundation, which is representing a man who believes the new bureaucracy isnt legal.
If the charge for not buying insurance is seen as a federal tax, then a new question must be asked, said Paul J. Beard II, the principal attorney for the organization.
When lawmakers passed the Affordable Care Act, with all of its taxes, Did they follow the Constitutions procedures for revenue increases? Beard asked.
The Supreme Court wasnt asked and didnt address this question, he noted.
The question of whether the Constitution was obeyed needs to be litigated, and PLF is determined to see this important issue all the way through the courts, he said.
(Excerpt) Read more at wnd.com ...
“You are either deluded or you are a shill.”
A SHILL?
What the hell would I be “shilling” for? That’s the single dumbest thing I have ever read on here. What am I a shill for, the anti-Obamacare lobby, or is it some psyops group that is trying to practice mind control? Which of the non-existent exchanges does your doctor belong to? Which does he recommend?
You know, without the exchanges, this won’t work, right? And it’s the exchanges that represent the opportunity for the gubmint to tax us? The exchanges that will be challenged once the first person who is taxed gets standing? The exchanges that will be considered a tax, eliminated and then have to be re-integrtated into a LEGAL form of legislation, not an up or down tax vote, which will then have to be reconciled and voted upon? By BOTH houses of the Congress?
Yeah I’m a shill. You are a doofus.
Well you do like to try and give us shiny things to play with, so we won't see the t@rd Roberts handed us.
My insurance will change the first of this month so I have been Doctor shopping, 8 to 10 weeks to even get in to see one, want to know why?
It is supposed to comfort me that it is a tax that I will be able to appeal to the same court that imposed it. I see real genius in that plan.
I know that it does not take a lawyer to figure what out what a turd is when it is on the sandwich they are serving. If you are willing to think either party is going to take the turd out of that sandwich then you need to suffer through a few more elections.
I predicted before this bill was ever signed into law, and it is a law that enables hundreds of agencies to determine what their agenda will be, that the court would not overturn it. What was your prediction? Oh I know Roberts was going to come up with a super secret, super genius plan to have his cake and eat it too.
“It is supposed to comfort me that it is a tax that I will be able to appeal to the same court that imposed it. I see real genius in that plan.”
You don’t appeal the tax...it’s already been acknowledged as a tax. The BILL gets repealed, because you don’t tax through legislative action and changing the present bill back needs both houses involved...which is why it was a GOOD thing. The idea of sticking it to us using the commerce clause (which would have given the gubmint free reign to make us buy, literally, ANYTHING it wanted us to or else) was struck down. Now the bill can be challenged because it was not passed legally through the regular and lawful process and has been adjudicated. And you don’t need to be a lawyer to figure out that. You don’t even need to be a genius. Hell,. an IQ over 10 should do it for you. Ask someone else to explain it to you, I give up.
You keep saying that the Court had to pick one or the other, do you really believe that? They could have struck down any part of it and invoked the non severability clause that was written into the bill.
Stuff your notion that they had to do one or the other.
There is an internet tax on your phone bill today that was placed there by Al Gore,(who invented the internet) did that originate in the House?
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