Posted on 11/20/2013 7:27:15 AM PST by don-o
On November 8, Representative Trent Franks (R-AZ) and thirty-nine other Republican members of the House of Representatives filed a "friend of the court" brief in support of a legal challenge to the Affordable Care Act ("Obamacare") based on the Origination Clause that will be heard by the District of Columbia Federal Court of Appeals in early 2014.
The case, Sissel v United States Department of Health and Human Services, was filed in the Washington, D.C. District Federal Court by the Pacific Legal Foundation on behalf of Matt Sissel, an Iraq war veteran who lives in Iowa, where he owns a small business, on July 26, 2010.
The Origination Clause of the Constitution, Article 1, Section 7, Clause 1 states "All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills." Not a word of the Affordable Care Act originated in the House of Representatives. Instead, using a legislative trick, Senate Majority Leader Harry Reid (D-NV) took an innocuous bill that had passed the House unanimously on October 8, 2009 by a 416-0 vote, the Service Members Home Ownership Tax Act of 2009, removed every word of its text following the first sentence, and replaced it with the Affordable Care Act language.
(Excerpt) Read more at breitbart.com ...
And that phony b*stard had better get it right this time.
Because the blackmail stuff won’t still be relevant a second time around?
Just defund Obamacare. That’s all it takes.
HOw about base don the 14th amendment. All Americans a suppose to be treated the same by its government yet this medical plan is based on income
Yes. It’s an excellent summation.
WT....? Isn't that fraud? So no one in the house actually voted for ACA at all? They only voted for the Home Ownership bill back in 2009 and "deemed" the ACA bill passed?
What? Did I read this right?
The very definition of “chicanery” - 1. deception by artful subterfuge of sophistry; 2. a piece of sharp practice: TRICK
Harry Reid has used all these strategies and tactics, not out of the goodness of his heart (he has neither goodness nor a functioning heart), but as a sly casino dealer who both stacks the deck, and bluffs without a twinge of emotion.
“The Commissioner” learned his trade well back there in Las Vegas.
At the very least it will be entertaining to see Roberts argue against his own opinion.
It’s too late for Traitor Roberts to save his legacy.
Thanks for the post. I knew Harry used a trick, but I never heard it described before.
This sounds like an excellent challenge to me. It should never have been allowed. Let’s see if the Supreme Court will uphold the Constitution for once.
Great post. Must save for later
Hey Roberts! Give it up. The word is out, and the truth has set you free.
I believe all of the Dems voted for the Senate’s version and Bart Stupak cast the deciding vote (218) based on Zero’s promise that he would use an EO to strip out the abortion provisions.
Does anyone else remember this?
“Just defund Obamacare. That’s all it takes.”
Well, no, because the insurance companies still have to comply with it, whether or not the exchanges exist. Everybody still loses what they have.
Republicans need a Republican plan: by this I mean NOT Band-Aids on Democratic ideas and current laws. So far, I’m not encouraged that they have any ideas beyond “band-aid” or “just defund it.” Getting rid of ERISA and allowing policies to be purchased across state lines will help, but I’m not sure the ‘Pubbies in congress are willing to stick their necks out for actual reform.
thank you
If it was posted I missed it
plus this is an excellent explanation of something I did not understand at the time
BUT WTF? Why didn’t any of the Pubs in the House then speak up, shout it?
It is hard to think that not a single PUB in the House back then would not have tried to explain to the people what was being done.
thanks though for posting this
It went back to the House conference where Pelosi deemed it passed with all her democrats. It was backhanded to say the lease and more accurate to say it was fraud.
The lawsuit will possibly fail because it went back to conference and was not stopped.
The democrat House could not originate the Obamacare bill on their own because the American public was in no mood in 2009 to see a huge tax bill or a disruption in their medical system. They wanted the democrats to fix the banking sector. So the democrats seized on the veteran home ownership tax bill as the opportunity they needed to pass ACA and then proclaimed that ACA saved the American people money. ACA was passed on March 21, 2010 following the FDR playbook on Social Security.
Recall that in 2010 republicans backed by Tea Party routed the democrats in elections at state and federal levels based on concerns about bailouts and ACA. But by that time all hope had been placed in the Supreme Court which later disappointed.
In my opinion this lawsuit does not unwind ACA. In fact it may do the opposite.
What unwinds ACA is Ted Cruz leading republicans to defund it and later repeal it when a conservative occupies the White House.
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