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States to Do What Senate GOP Couldn’t – End Obamacare

States to Do What Senate GOP Couldn’t – End Obamacare
March 07
16:01 2018

In 2016, many Republicans ran on a platform of repealing and/or replacing Obamacare. The House managed to pass a bill to replace Obamacare (passed along party lines), but the Senate never could.

Senate Majority Leader Mitch McConnell failed to keep the GOP promise to the American people, failing three times to replace Obamacare and failed another time just trying to repeal the nation’s first national socialist program.

In 2012, a businessman by the name of Matt Sissel filed a lawsuit challenging the constitutionality of Obamacare. The Pacific Legal Foundation took on Sissel’s case. The lawsuit was based upon Article 1, Section 7, of the United States Constitution any legislation to create a tax to be collected by the federal government must originate in the House of Representatives.

This is known as the Origination Clause. PLF claims that the original bill that was used to create Obamacare originated in the Senate and not the House, thus making Obamacare illegal.

In January 2016, it was announced that the Supreme Court and members of Congress were finally going to discuss Sissel’s lawsuit.

Unfortunately, it seems that nothing more has been done on this case, but a new lawsuit has been filed that some believe may be the final end to Obamacare.

On Monday, 20 states joined together in filing a lawsuit to challenge the constitutionality of Obamacare. Among those sponsoring the lawsuit are 18 state attorneys general, including Texas Attorney General Ken Paxton, who is co-leader of the effort behind the lawsuit and 2 state governors.

The states involved in the lawsuit are:

“Alabama, Arkansas, Arizona, Florida, Georgia, Indiana, Kansas, Louisiana, Maine (Gov. Paul LePage (R-Maine), Mississippi (Gov. Phi Bryant (R-Miss), Missouri, Nebraska, North Dakota, South
Carolina, South Dakota, Tennessee, Utah and West Virginia.”

In 2012, the Supreme Court ruled that Obamacare is constitutional, including the individual mandate that called for a tax instead of a penalty. The tax reform bill that Congress passed in January eliminates the individual mandate effective January 1, 2019 and former Virginia Attorney General Ken Cuccinelli explains the connections:

“The tax reform bill that just went through eliminated that tax penalty – as of January 1, 2019. What Congress has done and the president has signed eliminates the one hook the Supreme Court relied
upon to hold Obamacare constitutional.”

Now that the mandate is being eliminated, those filing the lawsuit believe there is no longer any measure left that make Obamacare constitutional.

After filing the lawsuit on Monday, Cuccinelli commented: “The government has to respond to the complaint, and that’ really interesting. So, now Donald Trump and his administration are being sued over Obamacare because they’re in office, and my own view is they ought to simply acknowledge that it’s unconstitutional – and that it ends on December 31, 2018. They ought to just settle the case.”

Many believed that when Congress ended the individual mandate that it would be the legal end of Obamacare and expected legal challenges to be filed right away. Paul Larkin, Senior Legal Research Fellow with the Heritage Foundation, commented:

“The only surprise I had, was that it took so long for someone to bring a lawsuit.”

Hopefully, these 18 state attorneys general and 2 governors will be able to accomplish what McConnell and Senate Republicans were unable to do, end Obamacare once and for all.

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