Everything about Obamacare has been a violation of the US Constitution and federal law.
To start with, the US Constitution is very clear that any and all laws that generate revenue for the federal government MUST originate in the House, not the Senate. Yet the bill that became known as the Patient Protection and Affordable Care Act originated in the Senate.
At the beginning of the origination clause controversy, the Democrats claimed that the penalties imposed by the individual mandate were a fine, not a tax. However When Chief Justice John Roberts betrayed the Constitution and the American people by upholding the individual mandate, he blew the Democrats’ defense out of the water by ruling the penalty is a tax, not a fine, prompting several lawsuits challenging the legality of Obamacare since the bill did originate in the Senate and Roberts ruled it a tax. Sadly, our liberal courts have either dismissed the lawsuits or have dragged them out so long in hopes that the parties filing suit will run out of money and drop their case.
There are other aspects of Obamacare that are unconstitutional including the individual, employer and contraceptive mandates, but again the liberal courts have protected the nation’s socialist healthcare program.
The Constitution is also clear that only Congress can make any legal changes to bills they pass, and that includes the Affordable Care Act. However, Obama has taken it upon himself to bypass Congress and violate the Supreme Court by making one exception and change after another to the Affordable Care Act.
Finally, House Republicans have gotten the courage to file a federal lawsuit against Barack Obama for one of the many changes he has made to Obamacare. Obama used executive orders to appropriate funds used for the cost-sharing reductions used to help insurers lower the out-of-pocket costs for low-income policy holders. When Congress passed the budget, they did not appropriate funding for this aspect of Obamacare.
House Republicans claim that Obama overstepped his authority and powers by overstepping their constitutional authority. The White House says that the cost-sharing reduction was written into the original Affordable Care Act and that he did not need congressional approval to fund it. The White House is also accusing House Republicans of grandstanding and attempting to get the judicial courts involved in a squabble between the legislative and executive branches of the government.
White House attorneys have asked that the courts dismiss the lawsuit because it does not involve any particular injury to the House and it’s nothing more than a political dispute. However attorneys for the House Republicans have entered a new argument with the court stating that the funds in question were asked for in 2013, but Congress cut them out of the appropriations, consequently:
“Given these alleged facts … it follows ineluctably that defendants’ actions injure the House.”
At the moment, it seems the federal judges involved have been reluctant to dismiss the case and will probably allow the lawsuit to continue. The question now is whether or not the federal courts will uphold the Constitution and federal law or will they rule on the left wing anti-American agenda of Barack Obama? If the case goes all the way to the US Supreme Court, it will probably come down to Chief Justice John Roberts to cast the deciding vote. Of late, he’s betrayed the Constitution and his conservative background by voting with the liberal on the bench. Will he do so again?