Just as the supporters of Obamacare – the IRS, the vast legions of regulatory agency administrators, the health-care industry and politicians – are crowing over another Supreme Court victory, another case is looming that could kill the law entirely.
By using the words of the Supreme Court itself.
In last week’s 6-3 decision, the language of the Affordable Care Act was at issue when the justices ruled against a plain reading of the law, determining that exchanges “established by the state” must include exchanges established by the federal government as well as individual states. Consequently, the court found, subsidies can be issued to residents of states that haven’t set up their own exchange, preserving a key plank of the law.
Now, a case brought by the Pacific Legal Foundation is using the court’s own terminology to argue Obamacare is constitutionally invalid.
The issue is simple: When the Senate adopted its own bill, installed it inside the shell of a separate and unrelated House bill, called it the Affordable Care Act and passed it, it created a long list of “fees” and “penalties” for Americans to pay.
But the John Roberts-led Supreme Court, recognizing the Constitution doesn’t allow the government to force people to buy consumer products, turned the “fees” and “penalties” into “taxes.”
However, the Constitution requires all tax measures be initiated in the House, not the Senate.
The recent decision by the high court upholding subsidies paid through federal exchanges, even though the law itself specified exchanges “established by the state,” actually “changes little about Obamacare,” according to PLF Principal Attorney Timothy Sandefur.
Read more at http://www.wnd.com/2015/06/supreme-court-made-obamacare-unconstitut...