Lawsuit: Obamacare Unconstitutional
Bills raising revenue have to originate in the House. When Obamacare became law I remember thinking this, but quickly forgot about it. At the time though, I wondered why no one really pointed it out — Obamacare originated in the Senate.
It’s important because since the Supreme Court ruled that it was a tax, it means that as a source of revenue it’s now unconstitutional…in theory. The Pacific Legal Foundation has not ignored it, however, and has filed a lawsuit [link].
Pacific Legal Foundation has launched a new constitutional cause of action against the federal Affordable Care Act. The ACA imposes a charge on Americans who fail to buy health insurance — a charge that the U.S. Supreme Court recently characterized as a federal tax. PLF’s amended complaint alleges that this purported tax is illegal because 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).
It’ll be interesting to see if anything becomes of this, especially since we’re dangling over the precipice, one foot over the edge.