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New hope seen in appeals court fight to nullify Obamacare (Originated in wrong house)
The Washington Times ^ | May 7, 2014 | Valerie Richardson

Posted on 05/08/2014 12:30:42 AM PDT by 2ndDivisionVet

The legal battle over Obamacare isn’t over.

A lawsuit that could nullify the president’s signature health care law on the basis of the Constitution’s Origination Clause is gaining momentum as it goes Thursday before the D.C. Circuit Court of Appeals.

Filed by the Pacific Legal Foundation in Sacramento, Sissel v. U.S. Department of Health and Human Services alleges that Affordable Care Act is unconstitutional because the bill originated in the Senate, violating the Constitution’s mandate that “all bills for raising revenue shall originate” in the House.

“I think it’s clear that the ACA ‘tax’ was unconstitutionally passed, and the only question is whether the procedural trickery that the Senate used will be allowed to stand,” said PLF attorney Tim Sandefur. “The Constitution forbids the Senate from creating bills for raising revenue, and that’s what the Senate did here.”

Interest in the argument is growing despite a lower court’s ruling against the lawsuit in June. Forty members of Congress have filed a friend-of-the-court brief in support, while the House Judiciary Committee’s subcommittee on the Constitution and civil justice held a hearing last week on the meaning of the Origination Clause....

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Crime/Corruption; Culture/Society; Government
KEYWORDS: congress; obamacare; originationclause

1 posted on 05/08/2014 12:30:42 AM PDT by 2ndDivisionVet
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To: BuckeyeTexan; maggief; LucyT; WildHighlander57; crosslink

Forty members of congress have filed a FoC brief. ....


2 posted on 05/08/2014 1:02:12 AM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then or now)
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To: 2ndDivisionVet

Providing our home-grown parasites and illegal aliens with the same health insurance that those who actually pay for it get is far more important than adhering to some obscure rule in our outdated Constitution.


3 posted on 05/08/2014 1:07:44 AM PDT by ComputerGuy (HM2/USN M/3/3 Marines RVN '66-'67)
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To: 2ndDivisionVet
So Johnny Roberts gets a mulligan!

Will he take a shot?

4 posted on 05/08/2014 1:32:37 AM PDT by cynwoody
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To: hoosiermama

IMO Supreme court will again find itself a vote short of what would be needed and the millions forced onto this system will be the big excuse written about as to why Obamacare did not die IMO.

Until a majority congress, senate and president come along to get rid of this, I do not think it will go away.

Do hope I am wrong.


5 posted on 05/08/2014 1:42:36 AM PDT by A CA Guy ( God Bless America, God Bless and keep safe our fighting men and women.)
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To: A CA Guy

Romney care in Mass has recently been declared dead without any help from outside. Socialism just doesn’t work!


6 posted on 05/08/2014 1:46:28 AM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then or now)
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To: 2ndDivisionVet

Didn’t they originally add the “not a tax” language to it to get around the origination clause in the first place?


7 posted on 05/08/2014 2:21:20 AM PDT by ApplegateRanch (Love me, love my guns!©)
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To: ApplegateRanch
Didn’t they originally add the “not a tax” language to it to get around the origination clause in the first place?

IIRC, the administration sold it to congress and the people as not being a tax, but when it came time to defend it to SCOUS they said it was a tax.

It'll be funny to watch them walk that one back.

8 posted on 05/08/2014 2:38:44 AM PDT by MAexile (Bats left, votes right)
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To: 2ndDivisionVet

Not enogh guts in the entire judicial branch to overturn it.

We saw what happened the last big chance for the judiciary to follow the law.

Justice Roberts sold his soul to Obama to avoid making an honest decision.


9 posted on 05/08/2014 4:08:39 AM PDT by Iron Munro (Malaysia Flight MH370 Black Box signals reported in Bermuda Triangle)
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To: 2ndDivisionVet

If the Constitution and the rule of law mattered Obamacare would never have seen the light of day. These court battles will reveal a lot about who is really running the US government. (Hint: It’s the same people who are trying to ram Jeb Bush down our collective throats.)

From McClatchydc.com:

“A new investor report predicts that Standard & Poor’s 500 companies could shift 90 percent of their workforce from job-based health coverage to individual insurance sold on the nation’s marketplaces by 2020.

If all U.S. companies with 50 or more employees followed suit, they could collectively save $3.25 trillion through 2025, according to the report by S&P Capital IQ, a division of McGraw Hill Financial.”


10 posted on 05/08/2014 4:12:31 AM PDT by Junk Silver
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To: 2ndDivisionVet

Not to worry,that ardent leftist CJOTSC Roberts will rule with the Obama Fascists, as he already has to aid in this destruction of our liberty.


11 posted on 05/08/2014 4:18:02 AM PDT by stockpirate (Only a tidal wave of tyrants blood will return our tree of liberty......)
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To: A CA Guy

There is another suit for which I have higher hopes. The states have opted out of providing exchanges and the feds jumped in despite black and white words in the laying saying they could not.


12 posted on 05/08/2014 4:21:36 AM PDT by bert ((K.E. N.P. N.C. +12 ..... History is a process, not an event)
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To: ApplegateRanch
IT was a farce to begin with. Literally a con. They are calling a tax, not a tax
but they can call it whatever they want. The SCOTUS said it was a tax and the IRS
is in charge of the collections. That also means you can become a felon if you do
not comply with the Tax no matter what they "say/lie".

What really bothers me is that you can become a felon if you do not file a return.
At this point which is the first in history, everyone must file with the IRS regardless
if they've had zero income for the year.

In effect, every American has the potential of becoming a criminal for doing nothing,
for sitting in their cabin in the woods eating their raised chickens and veggies from their garden.

The Gov wants everyone to become a criminal, and will continue with fraudulent
anti-constitutional regulations and laws until we all are. Then they get our guns
and begin the process of purging and killing off Americans and Political adversaries.

They will replace us with uneducated servants "Mexicans and others" to do their bidding.
Already there is in place a plan to replace most Americans with foreign born personnel
to fill the ranks of our Military. It's already being done, as we read and write to this post.

13 posted on 05/08/2014 4:33:37 AM PDT by MaxMax (Pay Attention and you'll be pissed off too! FIRE BOEHNER, NOW!)
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To: A CA Guy

You are correct.

Name a major govt program that Court has overturned. I think you might have to go back to FDR.


14 posted on 05/08/2014 4:34:52 AM PDT by Geoffrey
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To: Geoffrey

Yeah FDRs NRA (National Recovery Act). He essentially went around harassing businesses.


15 posted on 05/08/2014 5:33:48 AM PDT by CommieCutter ("For an idea to be too simplistic, it must first be proven wrong" --Thomas Sowell)
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To: 2ndDivisionVet

Obama will start a nuclear war to save Obamacare. There is no way fedzilla is going to give up this new power without lots and lots of blood.


16 posted on 05/08/2014 11:37:26 AM PDT by Organic Panic
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To: ApplegateRanch

Yes, then John Roberts said it’s a tax. Hopefully, Roberts pulled a fast one, knowing that a challenge would make it’s way back to the Supreme Court.

Other than that, we’ll have to tar and feather dims with it until it goes down in flames.


17 posted on 05/08/2014 11:58:32 AM PDT by Heart of Georgia
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To: hoosiermama

We know that, but they even take out loans to buy the vote.


18 posted on 05/08/2014 7:20:44 PM PDT by A CA Guy ( God Bless America, God Bless and keep safe our fighting men and women.)
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