June 13, 2014

Orlando Sentinel publishes PLF Atlantic Center op-ed on Origination Clause challenges to Obamacare

By Mark Miller Senior Attorney

The Orlando Sentinel published Pacific Legal Foundation‘s  op-ed today (subscription required, but free sign-up is available for limited views) on Sissel v. HHS and Hotze v. Sebelius, two of the pending challenges to the federal Affordable Care Act, a/k/a Obamacare.  Both challenges contend that Congress failed to obey the Origination Clause of the Constitution when it passed that controversial law and raised taxes on all taxpayers by upwards of $800 billion dollars.  The piece begins:

Obamacare does more than massively expand federal control over health care. It also raises taxes massively — by more than $800 billion over 10 years, according to Congress’ Joint Committee on Taxation.

Because of this, Obamacare’s legal troubles are far from over. There is a compelling case that Obamacare violates the Constitution’s “Origination Clause” — Article I, Section 7 — which requires new taxes to be launched in the House, not the Senate. This provision should not be considered a mere technicality. It’s in the Constitution to give taxpayers a real voice in decisions on the financial burdens they must bear.

The Origination Clause argument is put forward in two challenges to Obamacare that are before federal appellate courts right now. Recently, Florida Attorney General Pam Bondi and the attorneys general of 19 other states weighed in. They filed a friend of the court brief agreeing that Obamacare’s taxes are unconstitutional.

Read the rest here.

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