A federal appeals court has rejected an appeal that the Affordable Care Act, or as it’s popularly known, Obamacare, is levying a tax on Americans, which would make the law unconstitutional. The tax challenge, filed by a conservative group called the Pacific Legal Foundation, along with Matt Sissel, a self-employed artist from Iowa, sued for the appeal in the U.S. Court of Appeals for the District of Columbia Circuit. According to the Huffington Post , the appeal was lost on a vote of 3-0. In the ruling, Judge Judith Rogers explained the courts ruling.
“The Supreme Court has held from the early days of this nation that revenue bills are those that levy taxes in the strict sense of the word, and are not bills for other purposes which may incidentally create revenue.”
As reported by the Los Angles Times , Sissel’s attorneys argued that he could afford health insurance, but does not want or need it. Obamacare says that Americans have to buy health insurance or be forced to pay a tax, which in turn helps pay for the health coverage of the poor. The failed Obamacare tax challenge was previously upheld by the Supreme Courts in 2012. Representatives of the Sacramento-based Pacific Legal Foundation were obviously unhappy with the court’s ruling.
“Eventually, this case will likely have to go to the Supreme Court,” principal attorney Timothy Sandefur said in a statement. The appeals court’s opinion allows judges to “pick and choose whether the constitutional rules on the enactment of new taxation should apply” depending on their view of a law’s main purpose, he said. “We think that’s wrong.”
The heart of this most recent Obamacare tax challenge, as explained by Fox News , states that Senate Majority Leader, and Democrat, Harry Reid took an unrelated bill that was meant to help veterans buy new homes and added language that would become the Affordable Care Act. Since the bill, and its tax, originated in the Senate and not the House or Representatives, as outlined in the Constitution, the law should be overturned. The appeals court saw it differently.
Obamacare has been under constant attack since it became law in January of this year, both in congress and in the courts. According to a recent story on The Inquisitr , a recent poll shows that only 40 percent of Americans favor the law. Even with its detractors, the law is not going away anytime soon, and as Obamacare survives challenge after challenge, it may very well be here to stay.
[Image Courtesy of Thedailysheeple.com]
