Two years ago, when the Supreme Court declared Obamacare’s penalty to be a tax, it doomed the healthcare reform act as an “unconstitutional violation of the origination clause,” columnist George Will says.
This Thursday, the Washington, D.C., Court of Appeals, the nation’s second-most important court, will hear arguments on whether the Affordable Care Act adheres to the Constitution’s “origination clause,” which declares that “all bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills,” Will writes in his column in The Washington Post Saturday.
Will points out that the Democrat-controlled Senate passed Obamacare on a party-line vote “without a Democratic vote to spare, after a series of unsavory transactions that purchased the assent of several shrewdly extortionate Democrats.
Thursday’s arguments, said Will, will show that the act was “indisputably a revenue measure” that did not originate in the House, which later passed the House on yet another party-line vote.
The appeals case was filed by Iowa artist and small-business owner Matt Sissell, who is being represented by the Pacific Legal Foundation, a group that litigates for limited government.