October 6, 2013
Obamacare Catch 22?
When Chief Justice Roberts rendered his bizarre opinion that Obamacare was constitutional because it was a tax (despite what the president himself had claimed), he may have opened a door that leads to a successful future challenge. Andrew McCarthy of National Review Online lays out the case. You see, the problem is that Obamacare originated in the Senate: It was introduced in Congress in 2009 by Senate majority leader Harry Reid, who called it the "Senate health care bill" (a description still touted long afterwards on Reid's website). Employing the chicanery that marked the legislation through and through, the Democrat-controlled Senate turned its 3,000-page mega-proposal into a Senate amendment. The Senate attached its amendment to a nondescript, uncontroversial House bill (the "Service Members Home Ownership Tax Act of 2009") that had unanimously passed (416-0) in the lower chamber. Thanks to the Supreme Court, it is now undeniable that Obamacare was tax legislation. It was also,...(Read Full Post)