| | | "For those who don't recall, HR 3590 was originally a bill related to military personnel housing or something like that. Since it wasn't a "tax" bill, Reid used a procedure called "gut-and-amend", where the entire text of HR 3590 was replaced by Obamacare. However, once the Court decided the ACA was constitutional ONLY because it was "tax" legislation, the ACA was effectively in violation of the Constitution's "origination clause", which requires tax legislation to originate in the House. HR3590, as we know it today, didn't.
The District Court in DC slapped the challenge down handily in July, in an opinion that essentially said, "We don't have a problem with the "gut-and-amend" procedure being used because the legislation isn'tprimarily tax legislation. There have only been a couple of cases on the origination clause, and they were different.
Pacific Legal Foundation has appealed to the Court of Appeals, and that case opens around the end of October. We'll see, but the case has the potential to result in the ACA be declared invalid.
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We now know Obamacare was tax legislation. Consequently, it was undeniably a “bill for raising revenue,” for which the Constitution mandates compliance with the Origination Clause (Art. I, Sec. 7). The Clause requires that tax bills must originate in the House of Representatives. Obamacare did not."
h/t Darleen Shurgot |
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