Another Frivolous Suit Against Obamacare Thrown Out Of Court

There have  been a lot of frivolous suits filed by various Republicans lately, ranging from suits to try to block the Affordable Care Act to the House Republicans’ own suit. While we had contradictory rulings in the case making the absurd argument that the ACA did not intend to allow subsidies to those who obtained coverage on the federal as opposed to a state exchange, another ridiculous argument was thrown out of court this week.

The argument was that the Affordable Care Act is unconstitutional because of the requirement that revenue bills originate in the House, and the ACA does include mechanisms to raise revenue to pay for the law. The argument never made much sense but it has attracted increased attention among conservatives since George Will had a column on how the Supreme Court doomed the ACA in its ruling that the government had the power to charge a penalty for noncompliance with the mandate based upon the power to tax.

There are two major errors in this argument. First is that there is precedent for the Senate to take a House bill and then pass it with major changes, and still have this considered to have originated in the House. As the House also passed their own version of health care reform, this was sufficient to meet this criteria. Secondly, the courts have long differentiated between a bill with a primary purpose of levying taxes versus a bill which incidentlaly raises revenue. The Appeals court argued that, “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.”

Consider the irony in two of the Republican arguments against the bill. In this case the Republicans oppose the Affordable Care Act because it contains provisions to pay for itself. While Democrats have adopted a pay as you go attitude towards new government programs, Republicans prefer to purchase their programs on credit, such as with the Iraq War and George Bush’s Medicare D Program. When it is Republicans spending the money, deficits don’t matter.

In the case of the House law suit, Republicans are suing Obama for delaying implementation of a portion of the law (the mandate on small business) which they have claimed would be harmful and want repealed. Republicans also had no objection to a similar delay by George Bush in enforcing requirements of the Medicare D program.

Be Sociable, Share!

Leave a comment