Supreme Court May Get Second Chance to Kill Obamacare's Insurance Mandate

By Dave Jolly

The last time Obamacare went before the US Supreme Court, they ruled that the insurance mandate was legal because it was a tax and not a penalty. The hopes and financial well-being of millions of Americans was dashed down on the rocky shores of bankruptcy when Chief Justice John Roberts betrayed the American people.

Now, Congress is fighting over whether or not to fund Obamacare and use it as leverage in the stalemate on the federal spending bill. If the stalemate isn’t resolved by October 1, the federal government just may have to shut down. Some conservatives believe that could actually be a good thing, but the liberals want us to believe that it will spell the end of the world.

In the background and hidden away from the general public, the lawsuit Sissel vs. US Dept. of Health and Human Services moves forward and is one step closer the US Supreme Court. President Obama, Sen. Harry Reid and the liberal mainstream media don’t want any of you to know about this lawsuit that could remove the very heart of Obamacare – the insurance mandate.

The lawsuit is based upon Article 1, Section 7 of the United States Constitution, commonly known as the Origination Clause, which states:

“All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.”

Once the Supreme Court ruled that the insurance mandate was a tax, that meant the bill violated this section of the Constitution. The lawsuit, filed on behalf of Matt Sissel by Pacific Legal Foundation, contends that the bill that became known as the Patient Protection and Affordable Care Act originated in the US Senate and not the House, as required by the Constitution. They claim that Sen. Harry Reid used procedural gimmicks to launch the bill and therefore Obamacare violates the Origination Clause.

A district court dismissed the lawsuit on June 28 at the motion of the defendants. In other words, the pressure of the federal government forced the district court to ignore the US Constitution. On July 5, PFL filed an appeal with the US Circuit Court of Appeals for the District of Washington DC. Opening briefs are due on October 24. If this court dismisses the lawsuit as the lower court did, PLF is prepared to appeal to the US Supreme Court.

If either of the courts rule that Obamacare did violate the Origination Clause, they could choose to nullify the entire bill or just the section in question, which is the insurance mandate. If the insurance mandate is ruled unconstitutional, that would eliminate the need for millions of Americans to purchase healthcare policies they can’t afford, saving many of them from having to file bankruptcy and/or lose their homes to foreclosure. In essence, it would gut the heart out of Obamacare.

I know the Pacific Legal Foundation could use your support, both in prayer and financial help. If you wish to help them in their effort to legally kill Obamacare, you can contact them here.