October 10, 2013
ObamaCare's Original Sin
By Jon N. Hall

Democrats tell us that ObamaCare is "the law of the land," and that the Supreme Court declared it constitutional, and that we should get used to it -- it's here to stay. Actually, the Court found ObamaCare unconstitutional on two counts, but let it pass anyway.

The problem for defenders of ObamaCare is that its court challenges just keep coming. One place to check up on them is the website Health Care Lawsuits. In September, the American Enterprise Institute ran an article by Chris Conover headlined "Will the Courts Derail Obamacare?" The article covers several of the ongoing court challenges to ObamaCare, including the status of each case. (The article also ran at Forbes.)

On October 5, National Review ran a terrific article by former federal prosecutor Andrew McCarthy that addresses a specific legal challenge:

It is not just that the intensely unpopular Obamacare was unconstitutional as fraudulently portrayed by the president and congressional Democrats who strong-armed and pot-sweetened its way to passage. It is that Obamacare is unconstitutional as rewritten by Roberts. It is a violation of the Origination Clause -- not only as I have expansively construed it, but even under Matt's narrow interpretation of the Clause. [...] The Clause requires that tax bills must originate in the House of Representatives. Obamacare did not.

Read more:

http://www.americanthinker.com/2013/10/o...l#ixzz2hMuP7eaa

Interesting analysis.