Over 100 cases are in federal court challenging constitutional aspects of the Affordable Care Act. Most cases address a specific portion of the act and may alter a portion, but not overturn the entire law.
Three cases have potential to doom the entire law. These cases involve the Constitution’s Origination Clause which requires that “…bills for raising revenue shall originate in the House of Representatives…”, and further provides “… the Senate may propose or concur with amendments as on other Bills.” To avoid the clause the Senate employs a process to “gut and replace” a House bill and pretend it was a revenue bill originated in the House.
The Origination Clause places responsibility for tax policy with the House of Representatives whose members have the shortest terms and represent the fewest citizens. The Senate practice of “gut and replace” frustrates the Origination Clause and exercises Senate power that the Constitution denies.
Read More at: Three Court Cases That Should Doom Obamacare