D.C. Circuit Hears Physicians’ Obamacare Challenge
The lawsuit–led by the Association of American Physicians and Surgeons–marks the first hearing by a U.S. Court of Appeals on the unconstitutionality of the law in 2014, less than two weeks after it went into effect.
AAPS’ legal challenge alleges violations of the Origination Clause and the Fifth Amendment protection of private property against takings by the government.
Obamacare violates Article I, Section 7 of the Constitution because Obamacare is a tax that originated in the Senate, when the Constitution requires that all revenue-raising bills originate only in the House of Representatives.
The Supreme Court has not yet addressed this issue.
The High Court’s ruling in the summer of 2012 left open the real possibility that this law, with its costly new mandates to force individuals to purchase ObamaCare-compliant insurance, is unconstitutional on grounds not raised in that prior litigation, the physicians’ group said.
“If the Constitution means anything, it means that the U.S. Senate may not initiate tax increases,” Jane Orient, executive director of AAPS, said in a statement. “Yet that is precisely what Obamacare is: a tax increase initiated by the Senate, in violation of the Origination Clause.”© Copyright 2014 Chris Rizo, All rights Reserved. Written For: Law & Industry Daily