The fact that Sen. Harry Reid, D-Nev., manipulated the legislation that eventually gave America Obamacare means that the entire law was adopted unconstitutionally and should be canceled, including its $800 billion in taxes, a federal appeals court is being told.
The case, brought by the Pacific Legal Foundation, is based on the Constitution’s Origination Clause, which requires all tax-raising bills to begin in the U.S. House.
But Obamacare was written in the Senate. Reid simply took an innocuous House bill that already had House approval – which helped veterans get housing – gutted it and replaced its contents with Obamacare.
On Thursday, the U.S. Circuit Court of Appeals for the D.C. Circuit will hear oral arguments on the challenge that would cancel not just an Obamacare mandate or fee, but the entire law.
The case, Sissel v. U.S. Department of Health & Human Services, focuses on the individual mandate requiring Americans to buy an insurance plan or pay a penalty.
When Supreme Court Chief Justice John Roberts cast the deciding vote in 2012 that affirmed Obamacare against a Commerce Clause challenge, the justices labeled the mandate a “tax” to avoid violating the Constitution.
The ruling means more than a dozen provisions in Obamacare are imposing more than $800 billion in new taxes.
The individual mandate alone amounts to a $54 billion tax on individuals over 10 years and $113 billion on business,” Pacific Justice said.
“Yet Obamacare was not enacted in compliance with constitutional procedures for raising taxes.”
The organization points out that Article I, Section 7, requires that legislation to raise revenue must start in the House in order to keep the taxing power close to the people.