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Politics : Mainstream Politics and Economics -- Ignore unavailable to you. Want to Upgrade?

To: RMF who wrote (54044)	10/2/2013 12:48:56 AM
From: i-node	Respond to of 85487

>> inode, why didn't they argue that point against Obamacare in the Supreme Court when it went there previously? The reason the origination clause argument couldn't be considered earlier is that it was the Supreme Court's determination that the legislation was for raising revenue in NFIB that made the challenge on the basis of the Origination Clause feasible. The DC District has decided against the plaintiff, and the case has been appealed to the Court of Appeals. The District Court slammed the door pretty abruptly on the argument; essentially, claiming that the revenue raising was incidental and that the Origination Clause wasn't violated. But it would seem that raising $500 Billion over 10 years is more than just "incidental". Whether the Origination Clause was violated is more murky. There are only a couple of cases in which this issue has been addressed, but I don't think the "gut-and-amend" process was at stake in those cases. In the process of creating the ACA, imagine a Microsoft Word document containing HR 3590, "Service Members Home Ownership Act of 2009" laying around on a table int he Senate. This legislation was passed by the House, awaiting debate in the Senate. Reid says, "We need a bill to 'gut-and-amend'". Someone opens that document, hits Ctrl-A then DEL, and it is suddenly and empty document. Then, they type in the new title and were off to the races. It would seem if the Origination Clause means anything at all the Court would want to consider this.