“D.C. Circuit sidesteps origination clause challenge to Obamacare”

I missed this news from Jonathan Adler: “On Friday, the U.S. Court of Appeals for the D.C. Circuit issued its opinion in Association of American Physicians and Surgeons v. Sebelius, rejecting several challenges to the constitutionality or implementation of the Patient Protection and Affordable Care Act (PPACA).  Among the claims made by AAPS is that Congress violated the Constitution’s Origination Clause in enacting the PPACA.  Specifically, AAPS alleged that insofar as the PPACA contained revenue-raising measures, such as the individual mandate (recognized as a “tax” by the Supreme Court in NFIB v. Sebelius), the bill had to originate in the House of Representatives.  This is a potential problem for the PPACA because, although the PPACA utilized a House bill number, the substance of the bill was produced in the Senate.”

Share

Comments are closed.