The courts are lawless, and if the law mattered, the Roberts ACA opinion would never have been written. Don’t hold your breath.
But who will call the Current Regime out on this egregious violation of the provisions of the US Constitution? Law that is not enforced is the same as no law at all.
The Supreme Court, on a very narrow finding, declared the “Patient Protection and Affordable Care Act of 2010” a tax bill. But since its genesis was in the SENATE, and not the House, it was drawn up not in conformity with the very clear wording of the Constitution.
Article I, Section 7, is totally unambiguous. “All bills for raising Revenue shall originate in the House of Representatives....”
Who has standing to bring this to the attention of the Supreme Court?
Only one person declared it a tax. Roberts. The rest of the court did not. However, the minority from last time might agree that it is a tax under prior court rulings, so that would give 5 justices. Then those 5 would have to find that the constitution still exists. As you said, I would not be on this being a winning argument. Whatever they had on Roberts, they still have it, and I’m not sure that Thomas and Scalia will go along with any arguments that are too clever by half.
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