On June 28, 2012 the United States Supreme Court stunned the nation by upholding the entire Obamacare package. Chief Justice John Roberts broke before the four – four tie by ruling that the penalty part of the insurance mandate was a tax.
Once Roberts ruled the penalty for not complying with the insurance mandate was a tax to be enforced by the IRS, most other legal challenges to Obamacare fell by the wayside. However, because Roberts ruled the penalty as a tax it opened up a new legal challenge to the constitutionality of Obamacare that Pacific Legal Foundation plan to use on behalf of Matt Sissel.
According to the Article 1, Section 7, of the United States Constitution any legislation to create a tax to be collected by the federal government must originate in the House of Representatives. This is known as the Origination Clause. PLF claims that the original bill that was used to create Obamacare originated in the Senate and not the House, thus making Obamacare illegal. Based on this information they are now moving forward with the case in the court system.
Last week, the US Circuit Court of Appeals for the DC Circuit set 9:30am Thursday, May 8, 2014 as the time and date to start hearing oral arguments. Timothy Sandefur, Principle Attorney for PLF will be presenting the arguments on behalf of Matt Sissel. This is the first challenge of this type to reach this high of a court. Not only will Sandefur be arguing that the individual mandate is unconstitutional, but so are all of the other 20 tax increases that have been imposed by Obamacare.