SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : A US National Health Care System? -- Ignore unavailable to you. Want to Upgrade?


To: FJB who wrote (36409)5/3/2014 2:05:33 AM
From: i-node  Respond to of 42652
 
If the Court doesn't kill Obamacare on the basis of this provision, there is no justice left at all.

The Framers determined that tax bills have to originate in the House. They had their reasons but I don't think that matters. Not one word of the ACA originated in the House. And the Roberts Court determined it was a tax bill. Period, end of story.

Now, proponents will come in and argue, "The Court determined it raised revenue but it isn't a tax bill. It is a health care bill that happened to raise 100s of billions in taxes."

If the Origination Clause means anything at all the ACA will be struck down. If it isn't it is a clear case of politics -- and the political fear the conservative justices have of having the Court accused, once again, of politically motivated decisions.

The DC Circuit isn't about to resolve this against the ACA. But the arguments will be a nice preview of an upcoming Supreme Court argument.



To: FJB who wrote (36409)5/3/2014 3:30:43 PM
From: TimF  Respond to of 42652
 
If you look at the penalty as a tax (I think its really much more a fine, and Roberts' decision was seriously flawed, but if it was considered a fine then under Roberts' logic it would have already been struck down), then its a clear violation of the origination clause.

But having approved the law once, I suspect at least a minimal 5-4 majority will find some way to twist things around again and once again say that the law passes constitutional muster.