New Obamacare Lawsuit
Before I came to the Senate Conservatives Fund, I was the Attorney General of Virginia. I was the first state Attorney General to sue over Obamacare. In fact, I filed Virginia’s lawsuit the same day President Obama signed Obamacare into law.
As you know, when the Obamacare cases were over, we lost 5-4 in the Supreme Court. Since that sad day, we have looked to elected Republicans in Washington to defund and repeal Obamacare – as they have promised us they would do, year after year!
Once Republicans had the House, the Senate, and the White House – when they were finally out of excuses – not only did they let us down, but they treacherously refused to honor their years of promises.
Well, you will be pleased to know that, last week, 18 state Attorneys General – including SCF endorsees Josh Hawley of Missouri and Patrick Morrisey of West Virginia – and two Governors again sued to have Obamacare declared unconstitutional. And they have a great chance of succeeding!
You might wonder how these determined fighters could succeed in 2018 when we came so close but lost in 2012. Surprisingly, the answer is found in the ruling from the 2012 case itself and President Trump’s tax reform bill from December.
In 2012, the Supreme Court barely upheld Obamacare because of the tax penalty for anyone who did not purchase the government-mandated health insurance under the individual mandate. The Supreme Court said Congress could pass Obamacare under its constitutional taxing power because of that tax penalty. Without that tax penalty, the individual mandate was unconstitutional.
But just this past December, President Trump’s tax reform bill got rid of the tax penalty!
Because the existence of that tax penalty in Obamacare was what Chief Justice Roberts used to say Obamacare was constitutional, now that it’s gone, Obamacare is no longer constitutional!
We will update you on this case as it progresses. Of course, the media will downplay it and mock it. When I filed Virginia’s lawsuit in 2010, I was mocked all year long until the trial court actually held Obamacare unconstitutional! Well, I believe this new case could win all the way up! And by January 1, 2019 – Obamacare could be nothing more than a sad chapter in America’s history.
SCF is proud to be supporting Josh Hawley and Patrick Morrisey in their runs for the U.S. Senate. They are committed to continually fighting Obamacare and other big-government abominations.
We shouldn’t need the Supreme Court to bail us out of Obamacare. We need enough conservatives in the U.S. Senate to repeal it! With Josh Hawley and Patrick Morrisey, we can add two more.
Thank you for being part of our team.
Source: https://www.senateconservatives.com/v1/index.php/post/3684
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There is no constitutional authority for Obam care to even exist.
Every act of every government officer, state or federal, must be authorized by at least one provision of the Constitution; see Finley v. United States, 490 U.S. 545, 109 S.Ct. 2003, 104 L.Ed.2d 593 (1989); Christianson v. Colt Industries Operating Co., 486 U.S. 800, 818, 108 S.Ct. 2166, 2179, 100 L.Ed.2d 811 (1988); Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 379-380, 101 S.Ct. 669, 676-677, 66 L.Ed.2d 571 (1981); Kline v. Burke Construction Co., 260 U.S. 226, 233-234, 43 S.Ct. 79, 82-83, 67 L.Ed. 226 (1922); Case of th [sic] Sewing Machine Companies, 18 Wall. 553, 577-578, 586-587, 21 L.Ed. 914 (1874); Sheldon v. Sill, 8 How. 441, 449, 12 L.Ed. 1147 (1850); Cary v. Curtis, 3 How. 236, 245, 11 L.Ed. 576 (1845); McIntire v. Wood, 7 Cranch 504, 506, 3 L.Ed. 420 (1813).