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Posted on 05/03/2014 3:01:05 PM PDT by Hotlanta Mike
Two years ago, when the Supreme Court declared Obamacare's penalty to be a tax, it doomed the healthcare reform act as an "unconstitutional violation of the origination clause," columnist George Will says.
This Thursday, the Washington, D.C., Court of Appeals, the nation's second-most important court, will hear arguments on whether the Affordable Care Act adheres to the Constitution's "origination clause," which declare that "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," Will writes in his column in The Washington Post Saturday.
Will points out that the Democrat-controlled Senate passed Obamacare on a party-line vote "without a Democratic vote to spare, after a series of unsavory transactions that purchased the assent of several shrewdly extortionate Democrats.
Thursday's arguments, said Will, will show that the act was "indisputably a revenue measure" that did not originate in the House, which later passed the House on yet another party-line vote.
(Excerpt) Read more at newsmax.com ...
It has taken this long for it to wind its way through the courts. Let it play out.
It’s going to be ruled null and void and then Congress would have to start-over from scratch. How about that?
Re-post of a story from four years ago.
This Thursday, the Washington, D.C., Court of Appeals, the nation’s second-most important court, will hear arguments on whether the Affordable Care Act adheres to the Constitution’s “origination clause,” which declares that “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,” Will writes in his column in The Washington Post Saturday.
George Will's article is the re-post.
The big test will be the right of families who have lost loved ones to 0bamacare to sue the government . . . that alone could reach into the billions on damages alone.
The courts, sadly, are an excellent example of lipstick on a pig imo.
Also, can anybody volunteer an example of Mr. Will noting, like Judge Andrew Napolitano did, that healthcare is not one of the powers that the states delegated to Congress in the Constitution's Section 8 of Article I?
Judge Napolitano & the Constitution
I agree on that premise.
I have no control with what happens to it. I’m just cautioning Freepers not to get their hopes wound up around it.
My understanding is that someone has to have “standing” in order for the case to be heard in court. (someone would have to pay the tax) Taxes have been imposed on Obamacare - and more to come.
In that video, it appears that congress was questioning the origination clause and wondering if Congress could be considered to have “standing”.
It is a short excerpt, so perhaps there is something missing that we don’t know.
The law is basically what a judge says it is.
Not to worry, John Roberts will save the day with a ruling diametrically opposed to the previous one.
Thanks a bunch W. And thanks even more for giving us the DHS. The Muslim in the WH couldn’t be happier. Go Jeb go!
O-care will be struck down because it threatens their control.
Presently 70% oppose it, and the number is growing.
if I remember correctly.
this was satisfied by...
at the last minute,
the Senate passed without changes,
something from the House
(remember that Senator Brown
was about to be seated)
ObamaCare should have been killed over severability when part of that monstrosity was found unconstitutional. ObamaCare should have been doomed under Enumerated Powers. ObamaCare should have been doomed under the First Amendment when it was used to attempt to compel Hobby Lobby, Catholic nuns, and many others to violate deeply held religious values to further a trivial government interest that is so obviously harmful that people must be forced to follow the destructive mandates in the law. ObamaCare should also be killed over origination, since the thugs used a ruse in which a House tax bill was replaced in its entirety with an unrelated Senate bill.
Our freedom is in the hands of Chief Justice Roberts. It’s time to pray.
No.
At the last minute, the House voted to accept the Senate bill.
Therein lies the rub.
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