Obamacare: ‘Obviously Inadmissible’

By: American Decency Staff

Of all the problems with the Affordable Care Act, two fundamental flaws in President Obama’s self-described “legacy” are that the legislation unconstitutionally originated in the Senate, and that it violates the Tenth Amendment — the final provision of the Bill of Rights. Hereafter, the “Affordable Care Act” will be called “Obamacare,” not for derogatory reasons but because the official name of the bill misrepresents what it is.

Lawsuits challenging Obamacare on both issues are currently pending. Sissel v. HHS and Hotze v. Sebelius challenge the law under the Origination Clause, and are likely on their way to the Supreme Court, with stops currently at the D.C. Circuit and the Fifth Circuit Courts of Appeals respectively. In Sissel v. HHS, 44 members of Congress signed an amici curiae brief in support of the plaintiff-appellant’s position. Another lawsuit in Wisconsin, Association of American Physicians & Surgeons v. IRS, presents a Tenth Amendment frontal assault on what remains of the ACA after the Supreme Court’s 2012 ruling in NFIB v. Sebelius.

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