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.
Come on Oren, its a new morning. My head hurts from hitting it on that rock.
I need a little uplifting. You can say you were right, after it happens to go no where.
Sue the stupid U. S. Supreme Court liberal infidels as Iran would say. Iran's older leaders and public outcry use to say, "Death To Americans."
It has been reported by Iran newspapers that Obama sent a secret underground message
to Iran that Obama needs a nuclear agreement.
Elan Kagan should not have heard the first round of talks to pass Obamacare, for she was in the White House as the Solicitor General of the Judicial Committee when she helped write the ACA. She should have recused herself from hearing and voting on the Harry Reid switch of documents numbers bill. Roberts knew she (Kagan) assisted in getting the bill pushed. As a result Roberts violated his responsibility to protect the Constitution by telling her not to attend. Kagan and Roberts are both in violation of the code of ethics by not having her removed. Roberts has done it again. The Obamacare and the provision to provide health care to American people is not even written in the U. S. Constitution. It has been rumored that Roberts may have been blackmailed or paid off to change the bill to a tax. He failed to have it brought before Congress to have a vote since it was change by making it a tax.
Obama want another feather in his cap. I can see how the White House celebrated the Gay bill by flying the homo flag over the WH. It has been reported that Obama is gay himself by his former gay people in Chicago. Obama made the front page of Times or Newsweek some time ago that Obama is the first Gay President.
I have supported the Pacific Legal Foundation for several years. Go to www.pacificlegal.org and you can probably read the legal case.
Larry Klayman of Freedom Watch, former dir of Judicial Watch sue the White House using FOIAs to obtain all of Elan Kagan's e-mails proving she was involved in writing of the ACA. In October 2014 Klayman sued the Immigration Department and maybe Homeland Security Department to deport Barack Obama for he is an illegal alien. Obama has already been proven by default by a Citizens Grand Jury in Orlando Florida to prove that his Hawaiian birth certificate is a true certificate. It was led by Larry Klayman. Obama failed to show up for the case to defend himself and to show his true identity. The Citizens Grand Jury found him guilty of fraud on two counts: 5 yrs each for a total of 10 yrs.
Arizona Sheriff Joe Arpaio went on TV to prove that Obama is a fraud.
Lets hope that this case will put a dent into repealing this Unconstitutional ObamaCare bill.
I HAVE SAID ALL ALONG THAT IT VIOLATES ART 1 SECT 7 THAT ALL TAX AND SPEND BILLS
HAVE TO ORIGINATE IN THE HOUSE THIS DID NOT
IT IS NULL AND VOID
Since SCOTUS is no longer doing its job, its rulings can't be legal.
I like this argument (speaking of things that won't fly). Extending it, since POTUS isn't doing his job, its rulings can't be legal either. And pigs don't fly . . .
The only way to fix this mess is to eliminate Marxists.
By now it should be obvious that the intent, language, and the law itself, have nothing to do with administering, interpreting, or enforcing, the Affordable Care Act.
The US Supreme Court has become a POLITICAL ARM of the Marxist regime in the White House. One only needs to review history, to understand, when Communist's take over, the Law becomes whatever they state it is... from day to day, event by event.
The Laws of the United States have become the 'Political Tools' of the Marxist ideologues in charge of the government and its courts. Any attempts to use the courts to establish the rule of law will meet the ire of an intransient Marxist majority, in charge of justice.
I had assumed Roberts teed this ball up to knock Obamacare out. Let's hope the SCOTUS follows the Constitution this time.
What a tangled web of lies that have been presented to US