Contrary to President Obama's statements, ObamaCare hardly is “settled” and “here to stay,” as it faces numerous legal challenges in federal courts — including one that questions the constitutionality of its passage.
Sissel v. U.S. Department of Health and Human Services is now before the D.C. Court of Appeals, “a traditional stepping-stone to the U.S. Supreme Court,” The Washington Free Beacon reports. Plaintiff Matt Sissel, an Iowa veteran and small-business man who objects to the “individual mandate” coverage requirement, contends ObamaCare “is a tax-laden law that should have originated in the House rather than the Senate.”
The Supreme Court ruling that held ObamaCare constitutional because the individual mandate is a tax gives Sissel a strong basis. So does the way that Senate Democrats pushing ObamaCare “complied” with the Constitution's Origination Clause, which requires “all bills for raising revenue” to originate in the House.
They entirely replaced a six-page House bill's entirely unrelated language — which would have lowered taxes for military homebuyers — with ObamaCare's 2,000-plus pages. The bill then went back to the House, where it passed without GOP votes.
A fundamental constitutional rule, the Origination Clause too often is roundly ignored — or paid mere lip service, as Senate Democrats did regarding ObamaCare. And that's why Sissel holds such promise for permanently derailing this train wreck of a law.
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