A conservative group asked the Supreme Court on Monday to rule that Obamacare is unconstitutional because the legislation it sprung from was chiefly a product of the Senate, which the opponents argue breaks the Constitution’s rule that tax-and-spending bills start in the House.
The appeal from the Pacific Legal Foundation says the Affordable Care Act of 2010 raises hundreds of billions in taxes, making it a revenue bill subject to the Founding Fathers’ vision for which chamber should act first.
“Beyond its assault on health care freedom, Obamacare represents an attack on some core constitutional principles and protections for taxpayers,” foundation lawyer Timothy Sandefur said.
If the justices agree to hear the case, it would be the third time they’ve mulled a major threat to President Obama’s signature law.
The origination question has been in doubt since Chief Justice John G. Roberts Jr.’s surprise decision three years ago saying that while Obamacare’s individual mandate wasn’t allowed under Congress’ powers to control interstate commerce, it was valid as an exercise of its taxing power.