Post by New Mama on Apr 30, 2013 10:53:20 GMT -6
I found this interesting. I had not heard of this before. It seems that one man's lawsuit 'could' undo ObamaCare. Wouldn't that be a kick in the pants.
32-year-old artist, businessman, and holder of the Bronze Star is the plaintiff in Sissel v. U.S. Department of Health & Human Services, which Sissel sees as “a battle for my liberty — my freedom to live out my life to the fullest.” This is the only remaining lawsuit that has any chance of bringing down the entire health care law. His lawsuit, which was filed in July of 2010, was put on hold during the run-up to last June’s Supreme Court decision to uphold most of Obamacare. Ironically, that controversial ruling gave his case a new lease on life.
In that ruling, the Majority held that the individual mandate was essentially a tax. This finding prompted the Pacific Legal Foundation (PLF), which represents Sissel, to file a new constitutional cause of action based on the way the law was rammed through Congress. What we now know as Obamacare was initially cobbled together in the Senate, and that body of Congress is not permitted by the Constitution to write tax bills. Sissel and his PLF lawyers have therefore amended their complaint to say that the “reform” law violates the Origination Clause.
In other words, the health care law the President signed — a law filled with a myriad of new taxes — contains not a single word written in the only legislative body permitted by the Constitution to pass bills for raising revenue. This is one of the reasons the President and his HHS minions spent so much time denying the mandate was a tax, and it is why PLF’s amended complaint alleges “this purported tax is illegal… it was introduced in the Senate rather than the House, as required by the Constitution’s Origination Clause for new revenue-raising bills (Article I, Section 7).”
spectator.org/archives/2013/04/29/can-one-iraq-vet-stop-obamacar
In that ruling, the Majority held that the individual mandate was essentially a tax. This finding prompted the Pacific Legal Foundation (PLF), which represents Sissel, to file a new constitutional cause of action based on the way the law was rammed through Congress. What we now know as Obamacare was initially cobbled together in the Senate, and that body of Congress is not permitted by the Constitution to write tax bills. Sissel and his PLF lawyers have therefore amended their complaint to say that the “reform” law violates the Origination Clause.
In other words, the health care law the President signed — a law filled with a myriad of new taxes — contains not a single word written in the only legislative body permitted by the Constitution to pass bills for raising revenue. This is one of the reasons the President and his HHS minions spent so much time denying the mandate was a tax, and it is why PLF’s amended complaint alleges “this purported tax is illegal… it was introduced in the Senate rather than the House, as required by the Constitution’s Origination Clause for new revenue-raising bills (Article I, Section 7).”
spectator.org/archives/2013/04/29/can-one-iraq-vet-stop-obamacar
