Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Status: Plaintiff appealed to the D.C. Circuit Court of Apppeals on Jul. 5, 2013. Briefing completed Dec. 20, 2013. Oral argument scheduled for May 8, 2014. Summary: 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).
View all PLF videos related to this case The Origination Clause argument is part of an amended complaint filed in PLF’s existing lawsuit against the ACA, Sissel v. U.S. Department of Health & Human Services, pending before Judge Beryl A. Howell, in the U.S. District Court for the District of Columbia.
Again? Haven't some tried to repeal this more than 40 times? Wasn't it found to be "constitutional" by the supreme court? Yeesh,..
only the penalty part and the mandates were adjudicated and found to be constitutional. this case is about where the tax originated, which was in fact the senate, and that is unconstitutional because all new taxes are to originate in the house of representatives, not the senate.
Again? Haven't some tried to repeal this more than 40 times? Wasn't it found to be "constitutional" by the supreme court? Yeesh,..
Clearly some of us are more informed than others. The Supreme Court never heard arguments of if the bill was passed legally, only if the law as written was constitutional. The Obama administration argued that it wasnt a tax, and it wasnt until the Supreme Court ruling tht it was a tax, that this case was allowed to proceed forward.
only the penalty part and the mandates were adjudicated and found to be constitutional. this case is about where the tax originated, which was in fact the senate, and that is unconstitutional because all new taxes are to originate in the house of representatives, not the senate.
And what's interesting is the Supreme Court itself opened the door to this since they're the ones who called it a tax.
And what's interesting is the Supreme Court itself opened the door to this since they're the ones who called it a tax.
To be fair, they simply repeated the newly made arguments by the Obama administration who argued that it wasnt a tax, until they got to the Supreme Court and then called it a tax.
The irony if ACA gets ruled uncosntitutional because Obama called it a tax would be priceless..
And what's interesting is the Supreme Court itself opened the door to this since they're the ones who called it a tax.
yes, but, the door was already open by the law itself. even penalties are a form of revenue, and that alone makes the law unconstitutional. the supreme court just kicked down an open door.
yes, but, the door was already open by the law itself. even penalties are a form of revenue, and that alone makes the law unconstitutional. the supreme court just kicked down an open door.
I think they knew what they were doing, and sent enough hints to the public what they would do for a follow up challenge.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
