Articles

PLF takes the next step in challenging Obamacare

September 12, 2012 | By TIMOTHY SANDEFUR

Pacific Legal Foundation continues to be on the front lines in the constitutional challenge to the Patient Protection and Affordable Care Act. In a new complaint filed yesterday on behalf of client Matt Sissel, PLF attorneys have asked Judge Beryl Howell to rule that Congress ignored the Constitution’s Origination Clause when it enacted the ...

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President's weekly roundup

September 14, 2012 | By ROB RIVETT

Catch up on what you may have missed from PLF this week: Free Enterprise Project:  Arbitration Contracts California took another step in denying the right of Californians to enter into contracts with arbitration clauses when the California Supreme Court denied a request to depublish and a petition for review in Hoover v. American Income Life Insu ...

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Jack Balkin on PLF's Obamacare case

September 17, 2012 | By TIMOTHY SANDEFUR

“Some movement conservatives will likely press onwards. They will bring challenge after challenge to Obamacare — until they run out of plaintiffs, or money, or both — because they genuinely believe that health care reform is both unconstitutional and a grave threat to human liberty.” Although I for one am a libertarian and n ...

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Obamacare : court grants PLF’s request to make Origination Clause arguments

October 12, 2012 | By TIMOTHY SANDEFUR

The federal district court yesterday granted PLF’s motion to file our amended complaint in Sissel v. HHS, our case challenging the constitutionality of the “tax” on not having health insurance. As my colleague Paul Beard explains in this video, Chief Justice John Roberts’ decision in the NFIB v. Sebelius case this summer rec ...

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PLF asks court not to throw out Matt Sissel’s challenge to Obamacare

December 03, 2012 | By TIMOTHY SANDEFUR

Today, we filed this brief in the federal district court in Washington, D.C., asking the court to hear Matt Sissel’s challenge to Patient Protection and Affordable Care Act. As you’ll recall, we argue that if Obamacare’s requirement that everyone buy health insurance is really just a “tax,” as the Supreme Court said in ...

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Claremont Center for Constitutional Jurisprudence files brief supporting PLF's Obamacare challenge

December 03, 2012 | By TIMOTHY SANDEFUR

Our friends at the Center for Constitutional Jurisprudence have filed a brief in support of our challenge to the Obamacare “tax.” The brief explains the history of the Origination Clause and why it is that our founding fathers chose to give only the House the power to draft “bills for raising revenue.” “By checking th ...

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Will the courts enforce the Origination Clause against Obamacare?

December 05, 2012 | By TIMOTHY SANDEFUR

The Wall Street Journal’s James Taranto writes that our challenge to Obamacare is unlikely to succeed. Assuming that Obamacare’s monetary exaction for not buying insurance is a tax, as the Supreme Court called it in its June opinion, still not all taxes are “bills for raising revenue,” which the Constitution requires to be g ...

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PLF's Timothy Sandefur on continuing challenges to Obamacare

February 11, 2013 | By TIMOTHY SANDEFUR

If you missed Thursday’s Cato Institute policy forum on ongoing litigation against Obamacare, you can watch it online here. … ...

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Is the PPACA’s “tax” constitutional?

March 21, 2013 | By TIMOTHY SANDEFUR

Our friends at Florida’s James Madison Institute have published my article, “Is The PPACA’s Tax Constitutional?” in the latest issue of their Journal. You can read it online here (page 40). In it, I talk about our lawsuit on behalf of Matt Sissel, challenging the Individual Mandate provision of Obamacare that the Supreme Co ...