In June 2013, Judge Beryl Howell of the U.S. District Court for the District of Columbia dismissed the Pacific Legal Foundation (PLF)'s case that ObamaCare violates the Constitution's Origination Clause. This clause reads, "All bills for raising revenue shall originate in the House of … [Read more...]
Health & Human Services: Religious Employers Still Ain’t “Religious”
Dan Smyth | July 15, 2013
First Amendment: Congress shall make no law…prohibiting the free exercise [of religion.] The U.S. Department of Health and Human Services (HHS) recently blew a chance to exempt any conscientious “religious employer,” such as Christian-owned Hobby Lobby, from HHS’ contraception/abortifacient … [Read more...]
History Buff: Who’s Most Responsible for ObamaCare?
Randy Quarles | May 31, 2013
As the major costs of ObamaCare loom over America, here’s a history quiz: Who’s most responsible for instituting ObamaCare? (a) President Barack Obama (b) President George W. Bush (c) Chief Justice John Roberts (d) President Franklin Roosevelt The answer is (d) President Franklin … [Read more...]
The Origination Clause II: Die Harder with a Vengeance, ObamaCare!
Dan Smyth | April 25, 2013
A U.S. district court could soon decide if the Pacific Legal Foundation's (PLF) case against ObamaCare will continue in the U.S. court system. PLF alleges that ObamaCare is unconstitutional because it violates the Origination Clause, which reads, "All bills for raising revenue shall originate in … [Read more...]
O Hobby Lobby, Art Thou a Religious Employer?
Dan Smyth | January 3, 2013
Last week, Hobby Lobby, a Christian-owned chain, said it will defy the U.S. Department of Health and Human Services (HHS)' contraception/abortifacient mandate. The owners, who oppose abortifacients but not contraceptives, claim that the abortifacient part of the mandate violates the owners' and … [Read more...]
Dear O’Brien: The Free Exercise Clause and Professing Catholicism
Dan Smyth | December 10, 2012
Is the contraception/abortifacient mandate, brought to us by the U.S. Department of Health and Human Services (HHS), doomed? Last week, a U.S. federal appeals court, in an order involving O'Brien Industrial Holdings v. HHS, spared O'Brien, a Catholic employer, from the HHS mandate for the appeal's … [Read more...]
The Origination Clause: Die Harder, ObamaCare!
Dan Smyth | October 24, 2012
Chief Justice John Roberts could begin his next Supreme Court decision regarding ObamaCare with the following statements: "Whoops, ObamaCare is unconstitutional. As ObamaCare involves taxes, the House -- not the Senate -- was constitutionally responsible for originating ObamaCare." If Roberts … [Read more...]
HHS’s “Medical Loss Ratio” Rule: Keep Your Health Plan?
Jack Inglewood | July 25, 2012
“[I]f you like your…health care plan, you can keep it.” -President Obama on ObamaCare, August 15, 2009 Invoking ObamaCare, the U.S. Department of Health and Human Services (HHS) recently issued the new "Medical Loss Ratio" rule that could decimate Health Savings Accounts (HSAs). HSAs are accounts … [Read more...]
Medicine Chests, Guns, and 20¢: Precedents for ObamaCare?
Dan Smyth | June 27, 2012
Yesterday, the Washington Post’s Ezra Klein argued ObamaCare (2010) has legal precedent in supposed purchase-of-product mandates Congress passed in the late 1700s. Similar to ObamaCare’s individual mandate to purchase health insurance, early Congresses passed such mandates to groups or individuals … [Read more...]
The ObamaCare Absurdity and the Creation of New Powers
Dan Smyth | April 2, 2012
An applicable individual shall[,] for each month beginning after 2013[,] ensure that the individual and any dependent of the individual who is an applicable individual, is covered under minimum essential coverage for such month…. If an applicable individual fails to meet the requirement…for [one] or … [Read more...]
