ObamaCare Origination Clause Lawsuit
The new ObamaCare lawsuit is based on the Constitution’s Origination Clause, which requires that the House be the first to pass a bill for raising revenue.
What Has Happened So Far?
On Oct 26, 2015 the Pacific Legal Foundation filed a petition stating that ObamaCare violates the Constitution’s Origination Clause which requires tax-raising bills to originate in the House of Representatives. It says that the the Affordable Care Act, in it’s current iteration, was created by the Senate by taking an unrelated House bill, gutting it and replacing the text with ObamaCare. Specifically, they claim the mandates are a vehicle from raising revenue.
Supporters of the ACA, including judges who have already heard the case, are firing back pointing back to previous Supreme Court lawsuits which have already ruled on the mandates.
You can get the details from this article here.
What is the Origination Clause?
The Origination clause says:
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
What is the Pacific Legal Foundation?
Pacific Legal Foundation is the first and oldest conservative/libertarian public interest law firm in the United States. It is, much like the Kim Davis lawsuit and all other ACA lawsuits, a sort of fishy (albiet legal) case spurred by an “activist conservative/libertarian group” that finds obscure legal problems related to the ACA and then finds small business-y people to try to challenge certain provisions of the law (typically dealing with subsidies or contraception).
Other such lawsuits include: the NFIB lawsuit, the Subsidy lawsuit, and all the employer mandate lawsuits.
Learn more about the past ObamaCare lawsuits.
Author: Thomas DeMichele
Thomas DeMichele is the head writer and founder of ObamaCareFacts.com, FactsOnMedicare.com, and other websites. He has been in the health insurance and healthcare information field since 2012. ObamaCareFacts.com is a...
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Stephen Joshua Alves
My name is Steven Joshua A. I have been in the roofing industry since 1998 I have almost always had insurance or paid for insurance of some kind but I have never been afforded the ability to use it due to threats from work of layoffs firing and slowdowns of production that would otherwise cause uncomfort for management not to mention delays in Insurance enrollment and signing up to begin with make it impossible to use the insurance the whole thing is pointless
Lynda Ballantine
I still think it is illegal to force people to buy something they can not afford and the subsidies and exemptions do not help a large number of people who can’t afford it, much less pay the penalty on top of it. Do you have any idea how many people were made part time and had their hours cut so the company didn’t have to provide insurance for the employees? The ACA screwed many more people than it helped and I still don’t understand how this is constitutional.
Nonayourbusiness-y
I am a small business-y person. Wow. Are you a small a*#hole-y person?
ObamaCareFacts.comThe Author
Fair enough. We are describing the methodology used by those who bring lawsuits against social-liberal programs by cherry picking figureheads and suits. This is very real stuff and relates directly back to political ideology and how the judicial branch works in regards to laws. It doesn’t make their tactics wrong, but I think the average person might assume these occur organically, and we are trying to show that this isn’t the case. Sorry if my wording made my answer or the subject seem flippant.
Virginia Villwock
I would like to know who I can contact to file a suit regarding Obamacare requirement of a 1095A form in order to file ones taxes… this form was never supplied for me and I have called numerous times, only to be told that it is still unavailable for me, even though it was escalated back in February. Their answers are that there is no way for them to help me. I just have to wait. I can file for an extension or file without it and then do an amended return… when I asked who will pay H&R Block for this amended return due to their problem of not having them ready for tax season, they said unfortunately you…This is unacceptable. If I owed the IRS money they would be coming into my place of employment and seizing it from my paycheck, not to mention the finest that would be levied!!
Cheryl Sanders
I am a cancer patient. My husband is on SSA and he has cancer as well. We can barely afford to live, eat and make our doctor appointments due to the insurance companies not covering my husband’s bills. I cannot receive disability nor medicaid nor foodstamps due to our income being $1,300.00 per month plus we equally support our children equaling 7 kids. Obama Care is a horrible plan as your insurance only covers the state you live in and as we know not all states cover every medical problem. So after i was ripped off of $152.00 per month and the insurance company covers nothing, i have became further sick with metastasized malignant cancer then after 9 months to have my tax credit taken away making my insurance $500.00 per month. I can not afford this cost. I have been robbed by everyone who supports thiss unconstitutional act. I pray that God strikes down every hand that supports this illegal insurance fraud.
ObamaCareFacts.comThe Author
If you lost money and had your tax credit taken away you should have been covered for free under Medicaid. Your state (not Obama) rejected Medicaid. That being said, you have a strong point. If a person loses income after being sick it’s almost a free ride for the insurer who gets to dump the rest of the costs on Medicaid (or in 20 states the person) when they run out of money.
Ice burg ahead
Agreed!!!! illegal every bit of it. plus having the IRS handle it……very fishy….
As well and the fact that you’re taxed like a criminal if you do not comply….building up to jail time. Kicking people when they’re down…teachers don’t make much, but they cant even qualify for free insurance. But if you have millions to spend on lobbyists you can push your deadline on, and provide horrible coverage….the way to find the corruption is to follow the money trail……look who is making boat loads off all this illegal garbage.
Cindy O'Neil
My insurance went up AGAIN this year. I will now be paying $14,886 a year in forced insurance premiums with a $2,500 deductible which I will never reach. The very cheapest I could find was $6,084 a year. The catch there was that the closest hospital I could use was an hour and a half away and there was only one doctor in our area that took the insurance and he isn’t taking any new patients. Did I also mention the deductible was over $2,000. I am being forced to pay for insurance I cannot use with a deductible that I cannot reach unless I have a major medical incident and then the hospital stay would likely bankrupt me because of the copays, deductibles and non-covered expenses. Something has to be inherently illegal in forcing people like myself to pay these astronomical taxes when so many get it free. It is wrong for lazy freeloading people to continue to feed off the people who do pull their weight and the President and Congress stand behind these freeloaders when they shouldn’t even have a right to vote our politicians into office.
ObamaCareFacts.comThe Author
That is really expensive. Obviously this is without cost assistance. The questions would be what is your income and what is your family size?
Still just in general a very high cost is always going to be hard to deal with. Sorry to hear this.
The idea that lots of Americans are “free loaders” isn’t really accurate. All the people getting tax credits have income and most who qualify for Medicaid have income as well. Having income implies working unless it’s Social Security income. A person who works is not a freeloader, and spouses and children in their family shouldn’t be required to work to have worth.
Traci Crawford
I would love to be able to sue the government over this Affordable care. I feel the same as you. Rates are extreme and we don’t meet the subsidies requirements, which is why the rates are extreme ..we are paying for other’s subsidies. This whole thing us illegal!