The tax levied on Americans who don't buy health insurance under the Affordable Care Act is unconstitutional because it started in the wrong house of Congress in violation of the Constitution's Origination Clause, say arguments in a case on appeal before the U.S. District Court in Washington, D.C.
"The Supreme Court … said the Obamacare tax is not an enforcement penalty," Pacific Legal Foundation attorney Tim Sandefur told Newsmax. "They said this is actually a revenue-raising tax, in which case the Origination Clause does apply."
After the Supreme Court decision last year upholding Obamacare changed the definition of the levy, the foundation's attorneys amended their filing in the case, saying there was a constitutional flaw from the healthcare law's inception because the bill's language originated in the Senate, not the House.
"There is very little legal precedent on this matter," Sandefur said about the case, which could wind its way up to the Supreme Court.