by John Hawkins | November 14, 2013 6:21 am
Conservatives have been demanding more fight from Republicans in Congress and some of them are delivering by joining the Pacific Legal Foundation’s attempt to kill Obamacare in court.
Pacific Legal Foundation’s legal challenge to Obamacare received important backing in the form of an amicus brief filed by Congressman Trent Franks, R-Arizona, Chairman of the House Judiciary Subcommittee on the Constitution, joined by several dozen other members of the House.
The amicus brief was filed Friday in the U.S. Court of Appeals for the D.C. Circuit, in PLF’s case, Sissel v. U.S. Department of Health & Human Services.
“We are grateful for this powerful support from Congressman Franks, a leading authority on the Constitution, and from many other key lawmakers,” said PLF Principal Attorney Paul J. Beard II. “This support from members of the House is especially significant because PLF’s lawsuit defends the constitutional authority of the lower chamber, the legislative body that is closest to the people. We argue that Obamacare was enacted in a way that deprived the House of its authority to ‘originate’ new taxation. By extension, taxpayers were deprived of a core constitutional protection against reckless and oppressive use of the federal taxing power.”
In addition to Representative Franks, House members who have joined the brief as amici in support of PLF’s Obamacare challenge include: Michele Bachmann (MN); Joe Barton (TX); Kerry L. Bentivolio (MI); Marsha Blackburn (TN); Jim Bridenstine (OK); Mo Brooks (AL); K. Michael Conaway (TX); Steve Chabot (OH); Jeff Duncan (SC); John J. Duncan, Jr. (TN); John Fleming (LA); Bob Gibbs (OH); Louie Gohmert (TX); Andy Harris (MD); Tim Huelskamp (KS); Walter B. Jones, Jr. (NC); Steve King (IA); Doug Lamborn (CO); Doug LaMalfa (CA); Bob Latta (OH); Thomas Massie (KY); Mark Meadows (NC); Randy Neugebauer (TX); Steve Pearce (NM); Robert Pittenger (NC); Trey Radel (FL); David P. Roe (TN); Todd Rokita (IN); Matt Salmon (AZ); Mark Sanford (SC); David Schweikert (AZ); Marlin A. Stutzman (IN); Lee Terry (NE); Tim Walberg (MI); Randy K. Weber, Sr. (TX), Brad R. Wenstrup (OH); Lynn A. Westmoreland (GA); Rob Wittman (VA); and Ted S. Yoho (FL).
This lawsuit sounds similar to the one being pursued by Andy Schlafly and, yes, it is possible that the Supreme Court could go for it.
Here’s the explanation of the logic behind Andy Schlafly’s suit that probably fits this suit as well.
Well, Obamacare was upheld by a five to four vote of the U.S. Supreme Court last summer on a novel theory that they adopted by calling the penalties a tax and saying that this is within the taxation power of Congress, which the court upheld it as constitutional. But once they decided it was a tax, then that makes the origination clause applicable. That’s Article 1, Section 7 and that provision of the Constitution says that all taxes that raise revenue must originate in revenue raising bills in the House of Representatives.
Now let me, let me ask you about that. They would say if you asked them that, they’ve done that because they gutted a House bill and used that as their vehicle. But you don’t think that’s the case. Tell us why that is.
They did gut a House bill. Harry Reid looked around and found a House tax bill, but it was a tax credit bill that he used and gutted. It was not a tax increase. To the contrary, it was a tax credit for veteran home buyers and so it was not a revenue-raising bill. And you know Harry Reid evidently does not read the Constitution or does not take the Constitution seriously, because the Constitution says it must be a revenue raising bill in the House that they use. He did not do that. He used a revenue cutting bill in the House.
SHOULD this work? Absolutely. Will it work? That probably depends on what side of the bed Anthony Kennedy gets up on that day; so time will tell.
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