I'm pretty sure the Bill originated in the Senate. Once Roberts determine it was a tax the Bill should have been null and void. Tax Bills must originate out of the House not the Senate. I believe a case went to the SCOTUS specifically that Obamacare should be invalid due to originating in the Senate. Thumbs down from the unelected Black Robes.
Not sure about that... but its possible, I thought it was about the individual mandate and penalties
Technically, the bill did originate in the House, but was converted into a container by the Senate when they amended it to gut its entire contents.
The United States Constitution requires all revenue-related bills to originate in the House. To formally comply with this requirement, the Senate used H.R. 3590, a bill regarding housing tax changes for service members. It had been passed by the House as a revenue-related modification to the Internal Revenue Code. The bill became the Senate's vehicle for its healthcare reform proposal, discarding the bill's original content.
This was challenged in the courts as a violation of the origination clause in the Constitution, but was ruled against by the lower courts by saying that Obamacare was not a "revenue-raising" tax bill, but that the "tax" was only a means to pay for the plan and not to raise general revenue for the Treasury. The Supreme Court declined to hear the case.
Liberals hailed the ruling, praised the method by Harry Reid to convert an unrelated tax bill as a "routine maneuver," and declared that it was not an attempt to usurp the House's revenue-raising power.
-PJ