Who Hijacked Our Country

Thursday, May 08, 2014

Believe it or Not: Yet ANOTHER Legal Challenge to Obamacare

[sigh]

Either these assholes have absolutely nothing else to do, and/or their mission in life is to pull the rug out from under eight million Americans who have health insurance for the first time in their lives.

This time, the lawsuit isn't about the individual mandate or the Constitutional right of insurance companies to cancel your coverage while you're in the hospital, etc.  This lawsuit is based on some sort of technicality about a Senate procedure during the passage of the Affordable Care Act.  It was raining and Ted Cruz was blowing somebody in a red shirt, or something.

The lawsuit is being waged by the Pacific Legal Foundation. The linked article doesn't mention it, but the Pacific Legal Foundation is one of the Koch Brothers' front groups; one of hundreds.  When I lived in northern California (I hadn't even heard of the Koch Brothers back then), it seemed like every time there was a clash between a jillionaire developer and a local environmental/wildlife ordinance, the same shadowy group called the Pacific Legal Foundation would crawl out from under its rock and provide free legal counsel to the developer.  Food stamps for billionaires.  Goliath hitting David with a slingshot.

This lawsuit du jour is based on the Constitution's Origination Clause:

“All bills for raising revenue shall originate in the House of Representatives.”

The Pacific Legal Foundation argues that since the Supreme Court upheld Obamacare as a permissible use of Congress' taxing power, the Affordable Care Act therefore IS a bill for raising revenue.  And that's the crux of this lawsuit.

Harry Reid pulled some fancy Parliamentary maneuvers to get the bill passed (gee, I'm glad Republicans never do anything like that).  I'll hurt my head if I try to paraphrase this, so here's a direct quote from the article:

“Harry Reid used the Service Members Home Ownership Tax Act of 2009 as a template for the maneuver. That law, HR 3590, offered tax credits to military members who were first-time homebuyers.  Reid eliminated the entire text of the six-page law and replaced it with the 2,000-plus page bill that became the Affordable Care Act. All that remained of the Home Ownership Tax Act was the bill number, HR 3590.  After winning Senate approval, the 'amended' HR 3590 was sent to the House where the Democratic majority approved it. The bill was then sent to President Obama who signed it into law in March 2010.”

Therefore, the Affordable Care Act DID originate in the House.  Or did it?  And is the Affordable Care Act a bill for raising revenue?  We'll see.

The Obama Administration's response to the suit was:  “The Supreme Court has never invalidated an Act of Congress on the basis of the Origination Clause, and this suit presents no reason to break new ground.” 


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3 Comments:

Anonymous Anonymous said...

Whatever Louisiana's token Hindu says, the GOP is still the party of stupid.

May 9, 2014 at 1:04 AM  
Blogger Grung_e_Gene said...

If the Republican Party and the Koch Brothers actually believed the PPACA was bad for the Nation they would have done nothing.

The Republican Party has been tasked with making Americans think the Government is nit their friend or ally so that the 1% may keep the Government in their pocket.

It is because the ACA will help people (despite its flaws and the right-wing sabotage) that they are fighting so rabidly against Obamacare.

If Americans view the Government as helpful and competent than 35 years of Reaganomics and work by Right-Wing Think Tanks will be undermined.

May 9, 2014 at 7:28 AM  
Blogger Tom Harper said...

Anonymous: Yup, and the party gets more stupid and more dangerous every day.

Grung: You're right, if the oligarchs are going to keep tightening their stranglehold, they'll need the backing of millions of useful idiots who are scared shitless of "Socialism!" and "Government Tyranny!" These people's belief systems are centered around American Exceptionalism and the image of the cowboy riding off into the sunset. And this rugged individualism and frontier mentality cannot co-exist with a large government program that actually works.

May 9, 2014 at 8:31 PM  

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