The tax levied on Americans who don't buy health insurance under the Affordable Care Act is unconstitutional because it started in the wrong house of Congress in violation of the Constitution's Origination Clause, say arguments in a case on appeal before the U.S. District Court in Washington, D.C.
"The Supreme Court … said the Obamacare tax is not an enforcement penalty," Pacific Legal Foundation attorney Tim Sandefur told Newsmax. "They said this is actually a revenue-raising tax, in which case the Origination Clause does apply."
By law, all spending bills must originate in the US House of Representatives. Obamacare did not. It seems pretty straightforward that this should be thrown out then, right?
I'm pessimistic that our judicial system will get this right and throw it out, but I'm happy to see the challenge.
Those at Susquehanna University will recall that Tim Sandefur presented here in April about The Right to Earn a Living.