The Conservative Cave
Current Events => Politics => Topic started by: Chris_ on February 13, 2014, 03:25:41 PM
-
Six Biggest Legal Challenges Facing ObamaCare
Around one hundred lawsuits challenging the president’s signature policy achievement are currently making their way through the courts.
Some of these lawsuits challenge very specific parts of the law, while others are challenging the law in its entirety. Here is a list of the six major legal challenges to the law.
1. Legal Taking of Private Property
Hotze v. Sebelius challenges the constitutionality of the employer mandate. The Fifth Amendment prohibits the government from taking private property for public use without “just compensation.†Steve Hotze, a doctor in Texas, is arguing that Obamacare violates this “takings clause†by mandating that his business give money to another business, specifically an insurance company, without any compensation.
Hotze filed his lawsuit in May. If the suit were successful, the employer mandate—which requires businesses with over 50 full-time employees to provide affordable insurance to their employees—would be struck down.
A district court in Texas ruled against Hotze on January 10 by calling the Obamacare business mandate a tax and not a “taking†under the Fifth Amendment. The judge based her decision on the Supreme Court’s ruling in 2012, which characterized the individual mandate as a tax. Hotze is appealing the ruling.
2. Origination Clause
Washington Free Beacon (http://freebeacon.com/these-six-court-cases-could-cripple-obamacare/)
-
The smartest human on the planet, and the nation's 2nd black president, didn't think this through very well.
-
Origination is moot as the Senate gutted a house bill
-
Origination is moot as the Senate gutted a house bill
IIRC , the title and number of the bill was kept, which by definition means it originated in the house.
-
IIRC , the title and number of the bill was kept, which by definition means it originated in the house.
So, if I cut the serial number out of a $100 bill, then that's all I need.....right? That way I can smuggle umpteen millions out of the country in my wallet.....right?
-
So, if I cut the serial number out of a $100 bill, then that's all I need.....right? That way I can smuggle umpteen millions out of the country in my wallet.....right?
Congressional rules work differently and strangely than real life.