Legal Challenge to Obamacare Moves Forward

Once Obamacare was passed, there was a host of legal challenges filed.  Most of them centered around the insurance mandate and whether or not it was constitutional for the federal government to force citizens to purchase a product.

One of the lawsuits launched against Obamacare involved a businessman named Matt Sissel. The Pacific Legal Foundation took on Sissel’s case. When the US Supreme Court agreed to hear three of the legal challenges, Pacific Legal Foundation decided to put a hold on Sissel’s lawsuit to see what the Supreme Court would rule.

From the reactions and comments of the Supreme Court Justices during the arguments of both sides, many people believed that the high court would overturn the mandate and possibly all of Obamacare. 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 of 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.

Judge Beryl Howell of the US District Court for the District of Columbia recently ruled that PLF’s argument based upon the Origination Clause can proceed forward in the court. PLF Principal Attorney Paul J. Beard commented saying:

“Our commitment is strengthened, and our fight goes on.”

“With Obamacare, the legislative process was backwards— and that makes it unconstitutional. If it’s a tax, as a Supreme Court called it, then it started in the wrong house.”

“When we focus on the Origination Clause, we’re not talking about dry formalities and this isn’t an academic issue. The Founders understood that the power to tax, if misused, involves the power to destroy, as Chief Justice John Marshall put it. Therefore, they viewed the Origination Clause as a safeguard for liberty. They insisted that the power to initiate new taxes should be left with the lawmakers who are most directly accountable to voters— members of the House, who are elected every two years by local districts.”

Matt Sissel says he is in the legal fight for the long haul. As a small business owner in Iowa City, Sissel said:

“I am in this lawsuit to defend liberty and the Constitution. That purpose and that promise continue today. My lawsuit is more important than ever, and we’ll move ahead with it, all the way up the judicial system, if necessary.”

“Quitting is never an option. In the military we learned you don’t stop halfway up the hill. The same goes with our courtroom challenge to Obamacare. I’m grateful to PLF for sharing my determination to move forward.”

This challenge may be the last hope of fighting off Obamacare and the huge negative impact it is having on our nation, economy, and healthcare industry. This battle may be long and expensive but Sissel and the PFL are determined to see it through to the end. We all need to get behind them and support them in any way possible if there is any hope left to stop the ugly beast known as Obamacare from devouring us all.

92 thoughts on “Legal Challenge to Obamacare Moves Forward

  1. Time for the “Red States” Governors to get involved and remove their States from the “Blue States” and begin forming the “Independent States of America.”

    The new Nazi government will not stand-down until there is no more Constitution and no more America.

    1. As tempting as that idea may be, that old axiom of
      ”UNITED We Stand…DIVIDED We Fall” keeps ringing true to me.

      I WILL NOT relinquish ONE square inch of America to the Marxists.

      1. We are divided screeminmeeme, And tho I agree with statement “I will not give up one square inch of America to the Marxist” America does not exist as I knew it when growing up. If we don’t “divide” the red and blue states we will all go down

      2. Has America been this divided since the Civil War? I think not. Let the lib have the West coat and the Northeast. Neither of which I plan to spend a single vacation dollar ever again. Give me the interior and the southern coastline.

      3. Partition is better than being joined to a nation of degenerates. If we were to partition the USA, the leftists would quickly destroy their part of the nation and we could then take it back on our terms. Sometimes one has to take a step back before one can move forward.

      4. What do you do with a cancer or a limb infected with gangrene? You cut it out and get rid of it, otherwise the entire body dies. This is the situation with which we are faced. In this case, we need to “divide” the body, that is, cut out the infected part lest we all die. This country is already divided by the worst racial problems in decades, moral decay and all sorts of sexual perversions, etc., so let the infected parts be together and the rest of the body can begin to heal itself. God bless America.

      5. …Nor will I! Let the federal gov’t try to jail each and every one of us who REFUSE to accept ObamaScare! We all need to send letters to our governors to let them know that this is WAR! Who’s ready for a good fight?

    2. Louisiana has already started the process to secede and I too believe we can start. All they need is 25,000 votes by December something. Of course, if I read it right, obummer has to approve. Those wanting to support obummer, can go to a blue state and do whatever obummer will ALLOW!! He can be their dictator forever if that is what they want but it is not for me. Those of us wanting conservatism principles and our freedoms back will find a way to do it. How are you going to stop the Marxists Screeminmeeeme?

      1. Doodlebug……..This is not going to be easy. This war has been going on for eons.

        We are already a SPIRITUALLY divided Nation. The God-fearing against the godless. Even if we geographically divide, the spiritual war would go on.

        UNITED we stand. DIVIDED we fall. Remember, divide and conquer is a military strategy that has worked in every war and it happens to be a main tactic of Satan.

        As for defeating the Marxists: it’s not going to happen by capitulating to them. Its going to take hard-line conservative patriots, willing to be tough when confronting Marxist arguments. Its going to take people willing to speak the truth…forcefully….bravely….regardless of consequence.

        For those of us who know scripture and can read the political landscape, it is clear that Obama is being empowered by Someone who protects him, eliminates opposition, and blinds the populace. So….bottom line…..we must remember that more than anything else, we are in a SPIRITUAL battle between good and evil…..and that only with the help and guidance of God will we ever be able to change our course. Every Christian must commit themselves to fervent prayer for America.

        2Co 10:3 For though we walk in the flesh, we do not war after the flesh:
        2Co 10:4 (For the WEAPONS OF OUR WARFARE ARE NOT CARNAL, but mighty through God to the pulling down of strong holds;)
        2Co 10:5 Casting down imaginations, and every high thing that exalteth itself against the knowledge of God, and bringing into captivity every thought to the obedience of Christ;

        1. Screeminmeeme, I agree with you on the Spiritual War. And I agree that we need to pray, but we also need to act on answers we receive from those prayers. Because Christians have “free moral choice” (the freedom to choose right or wrong) God will not interfere in natural course of human events. It is up to us to pray for for his guidance and will, and then act upon it! This is where the going gets tough. Most people want him to do it for them and that is NOT how it works – I know from very personal experiences. He will provide all the strength and support we need but he will not do it for us. And why should he, we are morally bankrupt as a nation – abortion, gay marriage, and greed to name a few. For us to regain our liberty and happiness, we must first consider life as the most precious gift of all. I don’t think that it is any accident that the order of of our “unalienable rights” is LIFE, liberty and the pursuit of happiness. And in case you are wondering about why gay marriage would enter into the life concept, it CAN NOT create a life! And greed goes right along with it – ambition and possessions are more important than raising a newborn to many people, so it gets aborted. When we start to value life as it should be, only then will we be on the right track to regain our liberty and happiness. And that is worth fighting for. Please pray over it as I’m certain you will. Thanks for your insights.

        2. Had enough…I appreciate your comments and I’m in agreement with you. I believe that Christians must first pray and and then listen to how God is directing them…..and then take action as He leads, in His time.

          His Word has been the sole rule for my faith and practice for over 50 years and He has always shown Himself faithful, just and merciful to me. He can be trusted with all.

          As for the abortion issue………I’ve been vociferously opposed to abortion since the 1960s and after Roe v Wade became law in ’73, I knew what it would mean for America. The hardening of hearts, a coarsening of our culture, and a devaluing of all human life has been the predictable outcome. Killing one’s own child can only lead to a calloused, seared conscience.

          I had an experience as a young nurse in 1968 and it forever changed my life. Though my area of expertise was critical care nursing, I worked for a time in Labor and Delivery. I came on duty one evening and was told that a D&E (Dilitation and Evacuation) had been done. Before abortion was legalized, that was the term used to get away with abortion in a hospital setting. I was told that the ”uterine contents” were in an emesis basin in the dirty utility room.

          I walked in to find a perfectly formed, wide-eyed baby boy moving about in the pan. He was about 6 months gestation. I was in shock and was compelled to immediately pick him up. I wrapped him in a warm blanket and rocked him in my arms, loving him and praying over him until he died about 20 minutes later. It was an experience that is forever burned in my spirit. I almost lost my job over it, but it was a seminal point in my life.

          I committed myself to oppose abortion with all of my being. That is the reason I got involved in the pro-life movement and in ministering to pregnant women at crisis pregnancy centers. And regardless of all other considerations, I have never…..and will never….vote for anyone who thinks it’s okay to torture and murder infants.

          I have been actively fighting Roe V Wade and it’s proponents since that time and will not stop til I’m dead.

          Just as God judged His own people, the Jews, for offering their children on the red-hot altars of idols, I believe that He has judged America for offering up 54+million of our own children on the altars of materialism and convenience. As He sent His rebellious children into captivity, so He has sent a rebeillious America into captivity to drugs, crime, and depravity.

          If it’s true that the powers that be are ordained of God (Rom 13:1)….and I believe it is……..then it would seem that an infanticidal America has gotten the like-minded leader it deserves.

          This spiritual battle will NOT be won apart from God’s intervention and Godly men and women standing for righteousness, regardless of the consequences.

          We MUST give BE THE VOICE of these dead children. Their innocent blood cries out for justice.

        3. Guess you’ve never been raped,had incest happen to you. I agree with your story about the newborn baby,I would have done the same. I have no problem with women voicing their opinion about birth,life and abortion. Men—Different story, they can’t get Pg and know nothing about the issue and should keep their opinions out of it. I had an appointment made for me at 17 to have an abortion,I refused and went a different route. I have 4 daughters that choose a different way. I supported them,went with them to hold their hand. I beleive it should be a woman’s choice,it’s their body and they have to deal with the problem. Until you’ve walked a mile in someone’s shoes,don’t judge them’

        4. Rape and incest are such a SMALL percentage of the problem. As for the others, personal irresponsibility and proper birth control are a much better solution. I have four kids of my own and they have all be educated on the facts of life and what can happen. I have also told them there is an order to life – Father-in-law comes BEFORE grandfather!! There are so many other options available besides murder of a defenseless fetus. As for the crack about men not knowing the pain, get real -taht kind of attitude only perpetuates the problem. Thank you

        5. DEG……..No, I haven’t, but I’ve spent years talking to women who have. I personally know women who were conceived in a rape but whose mothers opted to give them life. One was adopted…the other raised by her mom. I’m glad to hear that you made the same decision.

          The ”it’s her body, her choice” argument used all the time by pro-choicers is a red herring. The baby’s body is NOT a part of the woman’s body.

          As for the incest question: I have sympathy and compassion for those incest victims but 2 wrongs do not make a right. Killing the innocent baby is a crime just as heinous as the incestuous act. With proper emotion, financial, psychological support, the incest victim can give birth and give up her child for adoption and go on with her life. I’ve seen it.

          Statistically, we know that abortion takes a psychological tole which always rears its ugly head by the time the woman is around 50. It’s haunting affect is unavoidable.

          It’s been said that you can determine the character of a nation by how it treats its most vulnerable citizens. By that definition, America fails. Over 54+ MILLION infants have been slaughtered since 1973 and few care.

          Abortion in America has become a mode of birth control. Killing infants to continue in a promiscuous lifestyle is the most common excuse. Many women have 5,6,7 abortions!

          Who will speak for the innocent unborn?

        6. Speaking of speaking our mind to the Godless (LIBS that agree with all things against God’) I was left alone (a woman her 70s) with 3 Commie Libs,and they all accussed me of all sorts of things and screamed & yelled at me. Well,I did’nt back down and screamed & yelled back’ But I did leave after I made my point’ One was a longtime friend,and I feel bad for yelling at him,but oh well,they yelled 1st and I learned long ago raising 6 kids bymyself,stand up for yourself’ & your country’

      2. This AM it was La,then Texas, tonight 15 states. I got into the site and signed for Montana where I live. Went back and tried to get into other states to vote, and kept getting into Obama’s White House site. Guess he’s stealing these votes like he did in all the other states. He will be in total control. We don’t stand a chance’

      1. It’s actually a mixture of Socialism, Communism, Marxism, and Fascism. That’s what makes it so difficult to tell what’s going on.Those who know something is not right want to argue about the technical differences. All are bad and must go. The Constitution was made difficult to amend for a reason and should not be changed for frivilous reasons , or for reasons that are counter to the (legal) Constitutional Representative Republic form of government.

        1. Might as well add the other …ism known as Capitalism to this list. It too, when used in it’s currently PC context is as unAmerican as the others. It is monopolistic control by corporate or statist interests much like the others. All of these isms are contrary to the Free Enterprise system we were set up to operate under, according to the Constitutionally guaranteed freedoms espoused therein. They all are capitalistic as they all use capital to operate, but none embody the concept of individual free enterprise. Just look at all the unconstitutional mandates found throughout our society today that masquerade as free enterprise, but are in actuality the antithesis of liberty and are in fact statism. There is no “ism” in FREE Enterprise.

        2. No Donna, it is just like the rest. It is not Free Enterprise, but merely a propagandists’ interloper that passes as free choice, but is in fact a form of monopoly statism. In todays world we’re about number 16 on the list of countries that have business freedom.

      2. if they want it let them fight for it , and that goes for the illegals as well I mean what have we been fighting for all our lives to let some one take it from us ? I think not.

  2. I expect no just ruling……NOTHING ZIP NADA……. from the Supremes.
    The US Supreme Court is a stacked deck in a favor of progressives…….and its decisions will contribute to our ruin.

    1. Just Wait until Obama puts 2 UBER LIBERAL Judges on the SUPREME COURT—and Harry Reid is setting the stage by changing the Fillibuster rules so Republicians cannot STOP them—Then WELCOME TO THE SOCIALISTS STATES OF AMERICA!!!—Just Sayin—

        1. To overthrow us takes more than Obama has or knows . The UN small arms agreement may be the best thing to come from Obama .Some of the left are avid gun owners and they stood tall and proud the last time the liberals had a gun grab fest . The NRA stepped in and spent millions going after the anti gun crowd and we still have guns . Obama has to fill seats in his cabinet so some of the real gun grabbers may be put in a position that they would be comprimised if they enter the discussions .

        2. You better wake the heck up! Gun rights derive from the bill of rights as protected by the Constiuition. The Constitution has had nothing more than lip service in well over ten years and has progressively been dismantled by the Obama regime and the leftist activist court without a congressional or SCOTUS peep during that time.

        3. You simply are clueless on how the UN small arm treaty will be put into practice. After it is signed by the Secretary of State AND the president, it is sent to the Senate for ratification, where it takes a 2/3 majority vote, 67 yes votes, for ratification. 51 Senators already signed a letter earlier stating the flatly refuse to vote “yes”. So, Obama and Hillary must proceed with “PLAN B”! Under our system, any time a treaty is signed by the president, until it is ratified by the Senate, THE TREATY IMMEDIATELY TAKES EFFECT, until the Senate rejects it, or the President, “un-signs” it. Since they know 51 Senators are opposed, they only have 49 “yes” votes, 18 votes short of ratification. But, since the treaty takes effect immediately, just how do they keep it from being turned down, …….SIMPLE, Harry Reid NEVER allows it to come up for a vote, thereby eliminating a “rejection” by the Senate, and allowing the treaty to be implemented. AND AGAIN, these lousy communist *astards thwart the Constitution and use it for toilet paper!

        4. Why do you think gun owners are forced to be registered? It is how to find you and seize your weapons. The last census also is their way of knowing where you live and how many are in your family…etc. I sent back the census form with the statement,” Due to my religious beliefs and practices I cannot partake in this census,” without signing anything. No information ….no reason to think about you. Read, “IBM and the Holocaust” which details how the first computer ever built was used to find Jews in Germany through the census.

        5. Right on Lakhana’ I only have 1 gun out of many anyone knows about. We need to have them and the ammo just to protect ourselves down the road, I’m sure they have weapons that will defeat us,but more will stand up to keeping their Guns and rights,then their property and lives’

        6. The day after he was re-elected,he signed the papers to go for the final vote to let the UN take care of our guns. The final vote is in March’ We are already doomed. The box cars with shackles are waiting for all that won’t give up their guns. (I have a friend that saw them’) As Hesston said, “FROM MY COLD DEAD HANDS’)

        7. There are lots of things about Obama that I detest, but let’s keep it honest. Simply put, if your friend claims to have seen boxcars with shackles, to “take away” protesters, he lied. Something like that would be so protected that virtualy no one will have seen them. Your friend is a liar.

    1. I assume you mean secede. And please tell me the first. But you have an idea in the right direction. Only the states, the red states have the power to reclaim the Constitution by invoking states rights, binding together, and choking off the left,blue states, that are already major economical disaster areas. Better to bankrupt them than to have the blood shed of the coming revolution! Talk to your governor and state politicians, there is no hope from or for the federal political establishment. Don’t believe me watch the Republican house fold like a house of cards for the next few months!

  3. The system has failed!! It has been devolving for 50 years!

    Obama is not new,he or someone like him was inevitable given how the political system,the judicial system,the highest office in the land became a place of money and power first and corruption which the system allowed! No one has been held accountable beginning with L.B.J. for “high crimes and misdemeanors against the people,the Constitution and Civil law!

    We have had one President assassinated,two facing articles of impeachment in just 50 years! The failure of “checks and balances” and the inertia of the people made “Crime in America easy! Each time a crime occurred which is hundreds of times in all three branches of Government the “bad guys/gals” were empowered to turn a Democracy into a perverted form of Socialism,Fascism,tyranny,unchallenged.

    Obama is the metastasized cancer growing for decades and stage four”the end” is upon us!

    Almost half the country is opposed to Obama,socialism and the tyranny they bring yet,they,we,lose just the same!

    America is/will become the very reason so many millions fled tyranny elsewhere to be Free!

  4. Obama can you know what…. I’m willing to do what ever it takes for how ever long it takes. Obama Care is the beginning of the end for America.

  5. In 2014 the health premium in Social Security will go up to 214.00 to help cover Obamacare. Since the seniors will get the first health rationing under Obamacare, could there be a class action lawsuit that seniors are paying for healthcare they are denied ?

    1. Gosh hope so’ I raised 6 kids by my self, my S.S is under $700. I had a piece of property I just sold after 8 yrs of trying. My income jumped by $400. Now they took my Medicaid, food stamps and $100 a month from my S>S. I’m in worse shape then before I sold it. I have to buy Medical Ins,buy more food,and still pay $200 a month on the $8,000 repair bill from the place I sold. Go figure’ I should be an illegal Mexican and maybe I’d still get a little boost’

  6. The election nullified any hope that Obamacare or anything else the left wants to do will be effectivly opposed by the phony SCOTUS, because they have already participated in the invalidation of the Constitution and the SCOTUS. It is now nothing more than a farce!

    1. And remarks like what you just said is EXACTLY why the Obama administration has stockpiled 1.3 BILLION, (with a B), rounds of hollow point ammunition, in the past 10 months. They fully intend to use it on the civilian population, full well knowing the American military will not ever fire on American civilians, they have arranged for UN troops to come in and do the dirty work. Obama is a comminust, lyin, b a s t a r d

        1. I’ll be there Dale! Not only has Obama been stockpiling ammo, the last 4 years, the general population has also, and we are not like the people in Syria, Libya or Egypt. “We the People”, have the means and the will to resist and fight back.

  7. Justice Roberts may have done us a favor by ruling the penalty is actually a “tax,” because now it can be thrown out since it did not originate in the House. We are a nation that obeys the law… this is the law. Obamacare should, therefore, be declared null and void.

  8. Christie, Bloomberg, Cuomo Warn of Long Recovery From Storms..
    May they all suffer badly for another four years of obama.

    1. I don’t wish those poor people to suffer,(they’ve never been out of the Ghetto like enviorment probably’) and have no idea how to survive or how real people live’ but their rulers need to go bye bye’

  9. They will just delay it until Obama appoints more Marxists judges to the court, then the court will rule however Obama wants. Marxists never leave office while they’re breathing.

  10. The installation of a Marxist State tends to get rather bloody and deadly. The USA will be no different. Oboofer is smiling as well as Hugo Chavez who is slapping his knee saying, “Damn, I didn’t think the boy was going to be able to do it

  11. The tax part did originate in the house not the senate, this is another frivolousness lawsuit, just like the birther lawsuits which went nowhere and this will not either. Obamacare is here to stay get over it, the fat lady is done singing

  12. i sure hope he doesnt end up with a sudden “unexpected heart attack” or similar “mishap” mor just disappear as others have.

    1. Before the election I prayed to God to get him out’ Now I’m reduced to praying for God to get rid of him thru a bad accident or something’ I feel really quilty as I’m not that kind of a person, but I,like most, are getting desperate’

  13. It’s CLEARLY unconstitutional. Roberts was on his butt when he made that ruling. OF course it should be overruled and THROWN OUT.

  14. Why are facts so elusive to y guys. You cannot secede. Your little silly petition must needs 25k signatures to get to the Pres who has to approve. I assume y see the problem here. So why not use yiur limited time on earth to do something constructive. Go to yiur church and see how you can help. Even conservative churches have programs to help moochers or Santa lovers. Really. Do something nice. Quit doing totally futile thngs. Y let Karl Rove choose you a eastern Liberal. What were y thinking. DUH. Those Hispanics are real. They won’t shrink. 50k Latinos turn 18 every day. Yea they outnumber you.

  15. I am a true conservative, but you people are idiots. Federal law controls over state laws and constitutions. Are only option is to set up our own state health exchanges. Stop diverting precious resources for useless battles.

  16. The ISA, independent states of America, that will work. Keep thje same flag but remove
    the stares that would be for the blue states

  17. The author stsaes “the insurance mandate and whether or not it was constitutional for the
    federal government to force citizens to purchase a product.”

    The Supreme Court voted and approved Obama Care and called it a “tax” on all Americans so this tax has nothing to do with “forcing” a citizen to do anything but pay their fair share.

    You can argue and banter all day long in court but we all are still going to pay this “tax” until we all get completely fed up with the government, start to ignore them entirely and we must all be ready to pay the price if we choose to do so. Until you’re willing to pay the price, you have no freedom and you will obey…………………………………… or else.

    Read more:

  18. I admire people with tenacity, but this approach will go nowhere. The Court is not about to strike this entire health care law under any circumstance. As Justice Scalia has said, it would take a year to read and uderstand this complex tax law.

  19. I sure as hell hope that the case will be heard , and this time no more bullsh–t from our so called supreme not so honorable judges , this country is going to hell we are now advertising in mexico offering food stamps , they close the border and are tax is going up to take care of more illegals damn I’m angry.

  20. I sure as hell hope this country will close the border we are advertising in mexico offering food stamps , at what point does the working man in this country get to do better for his family and when will they stop talking about what the illegals coming in this country don’t have as if some how it’s the citizens in americas fault,most americans work hard all their lives and can never have what they want but its illegal is given food – clothing allowance– housing — tax refund even if he does not work for it he’s able to claim family in mexico no proof needed they have their own dept. of motor vehicle facility , and it might not mean much my complain but they are no better than the rest of us we are already giving them billion every year and i’m damn sick of it , something has to give and soon.

    1. What I see happening, with “We The Tax Paying People” is us getting fed up with seeing all these lowlife moochers getting hundreds of dollars(our tax dollars) on their EBT, SNAP,WIC,Foodstamps, etc. Wellfare, Medicade and just walking away from our jobs and wanting our fair share of OUR money. So what will happen when the tax base quits and the govt runs out of money because without our money they have nothing to give to the lazy welfare sucking moochers then what are they going to do.
      Things are going to get ugly because of the POS poser president that stole and lied his way into our govt.

  21. Our Fed Gov. is making a big mistake by trying to take what the working class in this country has and try to redistribute it to those that they feel is less fortunate, but not all hard working Americans own homes or drive fancy automobiles the government has and is still allowing the population from mexico to enter here illegaly , now free health care as free everything else,the Fed Gov. actually think america is all stupid but thats just for the ones that go along with their BS ) something is going to happen one thing for certain you never get all of something for nothing and sooner or later you have to pay the piper.

  22. My Fellow New Jerseyans: We, who have one of the highest per capita tax rates in the country, should raise HELL over ObamaScare! Also, let’s not forget how gas prices are eating into our pockets, essentially acting as a tax! We’re being screwed on multiple levels!

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