Why Has There Been No Challenge To Obamacare... | TigerDroppings.com

Posted byMessage
DeltaDoc
LSU Fan
The Delta
Member since Jan 2008
8627 posts

Why Has There Been No Challenge To Obamacare...


based on it being a tax (as supported by Roberts) that was originally conceived in the Senate (and not the House as required)?

Is it because the issue is not ripe because the tax has not been fully implemented yet?

It seems that would be a rather easy method to declare the entire law unconstitutional.







Back to top
Share:
WikiTiger
LSU Fan
Member since Sep 2007
40721 posts

re: Why Has There Been No Challenge To Obamacare...


quote:

based on it being a tax (as supported by Roberts) that was originally conceived in the Senate (and not the House as required)?


because technically it was started in the house, as a defense bill, I believe, and then it was blanked in the senate, but retained the same tracking numbers, and then had the ACA text added and then passed in the senate. then sent to the house.



isn't it nice when our congress can find constitutional loopholes? and the liberals around here support that too.



This post was edited on 11/30 at 3:02 pm


Back to top
WikiTiger
LSU Fan
Member since Sep 2007
40721 posts

re: Why Has There Been No Challenge To Obamacare...


from wikipedia:

quote:

The Senate failed to take up debate on the House bill and instead took up H.R. 3590, a bill regarding housing tax breaks for service members. As the United States Constitution requires all revenue-related bills to originate in the House, the Senate took up this bill since it was first passed by the House as a revenue-related modification to the Internal Revenue Code. The bill was then used as the Senate's vehicle for their health care reform proposal, completely revising the content of the bill.



This post was edited on 11/30 at 3:04 pm


Back to top
constant cough
LSU Fan
Lafayette
Member since Jun 2007
35486 posts

re: Why Has There Been No Challenge To Obamacare...


quote:

Is it because the issue is not ripe because the tax has not been fully implemented yet?


I think so.






Back to top
ThisWayChad
LSU Fan
Member since Nov 2009
1867 posts

re: Why Has There Been No Challenge To Obamacare...


quote:

The bill was then used as the Senate's vehicle for their health care reform proposal, completely revising the content of the bill.


doesn't that just give you a warm fuzzy feeling...






Back to top
DeltaDoc
LSU Fan
The Delta
Member since Jan 2008
8627 posts

re: Why Has There Been No Challenge To Obamacare...


quote:

because technically it was started in the house, as a defense bill, I believe, and then it was blanked in the senate, but retained the same tracking numbers, and then had the ACA text added and then passed in the senate. then sent to the house.


It seems as though, tracking numbers aside, the tax portion of the bill did not begin in the House, therefore one could logically argue that it is unconstitutional.

Seems like a tracking number centric argument should be a loser.






Back to top
wickowick
LSU Fan
Head of Island
Member since Dec 2006
22258 posts

re: Why Has There Been No Challenge To Obamacare...


quote:

It seems as though, tracking numbers aside, the tax portion of the bill did not begin in the House, therefore one could logically argue that it is unconstitutional.


I bet it will be challenged but can't be done until the tax is first paid. That has not happened yet...






Back to top
WikiTiger
LSU Fan
Member since Sep 2007
40721 posts

re: Why Has There Been No Challenge To Obamacare...


quote:

It seems as though, tracking numbers aside, the tax portion of the bill did not begin in the House, therefore one could logically argue that it is unconstitutional.

Seems like a tracking number centric argument should be a loser.


Oh no doubt. To any honest and rational human being, it would not be considered constitutional. But the SCOTUS cares not.






Back to top
TrueTiger
LSU Fan
Chicken's most valuable
Member since Sep 2004
9965 posts

re: Why Has There Been No Challenge To Obamacare...


I believe that case is being brought but it is a long-shot. As already pointed out here it technically (hyper-technically) did start in the house as a bill having nothing to do with health care. The senate then stripped it bare and built it back as the ACA.

Yes it is a trick and a work-around the constitution but do you really think SCOTUS is a stickler for the constitution?






Back to top
tigeraddict
LSU Fan
Baton Rouge
Member since Mar 2007
4701 posts

re: Why Has There Been No Challenge To Obamacare...


quote:

Yes it is a trick and a work-around the constitution but do you really think SCOTUS is a stickler for the constitution?


I feel that is what Roberts did. I left the content constitutional, so it could one day be re-passed but in declaring it was a tax he left the door open for that challenge. If stripped on a technicality, then his court in not legislating from the bench. Then congress would have to repass it, which will not happen unless we see the once in a century occurance of a super majority in both the house and senate.....






Back to top
TrueTiger
LSU Fan
Chicken's most valuable
Member since Sep 2004
9965 posts

re: Why Has There Been No Challenge To Obamacare...


quote:

he left the door open for that challenge.


I hope you're right but he had the thing by the balls and let it go IMO.






Back to top
DeltaDoc
LSU Fan
The Delta
Member since Jan 2008
8627 posts

re: Why Has There Been No Challenge To Obamacare...


quote:

I feel that is what Roberts did. I left the content constitutional, so it could one day be re-passed but in declaring it was a tax he left the door open for that challenge. If stripped on a technicality, then his court in not legislating from the bench. Then congress would have to repass it, which will not happen unless we see the once in a century occurance of a super majority in both the house and senate.....


I remember there being a lot of speculation as to whether this was his intent all along. It seems to be a much cleaner way to rule the entire law unconstitutional as opposed to causing a massive cluster by ruling simply the mandate unconstitutional.






Back to top
C
LSU Fan
The Woodlands, TX
Member since Dec 2007
21109 posts
 Online 

re: Why Has There Been No Challenge To Obamacare...


I don't think the supreme court is restricted in their ability to rule on the legislation. They could have struck it down on those merits early this year and didn't. No way would they waste our time with it unless roberts thought it would somehow motivate the public against Obama. I think Obamacare is here for the long haul until it fails on its policy before anything the courts will do.


This post was edited on 11/30 at 3:49 pm


Back to top
TigerAlumni2010
USA Fan
Baton Rouge
Member since Aug 2011
1244 posts

re: Why Has There Been No Challenge To Obamacare...


The reason it hasn't been challenged is the same one that wickowick stated, the tax cannot be brought to court until that tax has been paid. Once the tax has been paid though, that tax will have to go through the legal process, and will most likely end up in front of the Supreme Court again.





Back to top
BugAC
LSU Fan
Baton Rouge
Member since Oct 2007
18318 posts

re: Why Has There Been No Challenge To Obamacare...


quote:

The reason it hasn't been challenged is the same one that wickowick stated, the tax cannot be brought to court until that tax has been paid. Once the tax has been paid though, that tax will have to go through the legal process, and will most likely end up in front of the Supreme Court again.


So there is a way for this piece of shite to eventually be repealed?






Back to top
Scoop
LSU Fan
Ecuador
Member since Sep 2005
27213 posts

re: Why Has There Been No Challenge To Obamacare...


Roberts held it as a tax so it could be struck down legislatively if the congressional votes were there and there was a POTUS in office that would consent to striking it down.

Roberts had a little too much confidence in the American Electorate.

Romney as POTUS and a 50/50 Senate could have killed Obamacare under the SCOTUS ruling once it was ruled a tax.

Roberts fricked up.







Back to top
long4life
LSU Fan
Member since Aug 2012
845 posts

re: Why Has There Been No Challenge To Obamacare...


quote:

Roberts fricked up.
Roberts is a frick up.






Back to top
TigerAlumni2010
USA Fan
Baton Rouge
Member since Aug 2011
1244 posts

re: Why Has There Been No Challenge To Obamacare...


I am not entirely sure, but I believe the legality of the tax can be challenged in court, but it cannot be challenged until someone pays the tax and then brings it to court and go through the process again.


Assuming Obamacare will be collected through the IRS, the matter can go through 3 courts, the US Tax Court, US District Court, or US Court of Federal Claims, for the latter two, the deficiency must be paid prior to suing the IRS. Those courts all appeal to the US Court of Appeals and then the Supreme Court.

LINK /
Search Judicial Authority and it will bring you to the section.






Back to top
TrueTiger
LSU Fan
Chicken's most valuable
Member since Sep 2004
9965 posts

re: Why Has There Been No Challenge To Obamacare...


Apparently there are many. There may be hope after all.

LINK






Back to top
KeyserSoze999
LSU Fan
Member since Dec 2009
3732 posts

re: Why Has There Been No Challenge To Obamacare...


quote:

Roberts is a frick up






Back to top


Back to top




//