Northwest Missouri State University
Affordable Care Act Lawsuit
Intro to American Government and Politics, Section 05
December 4, 2014
On March 23, 2010 Congress passed the Affordable Care Act, also known as, “ACA” or “Obamacare”, before it was then signed into a law by President Barak Obama. A burning question has arose in today’s society, what has the President and his health care law done to cause so much trouble within our government? Throughout the course of my paper I will discuss what the Affordable Care Act is, the flaws within the law, and the government’s argument and stand point. According to the U.S Department of Health and Human Services, “The Affordable Care Act puts consumers back in charge of their health care. Under the new law, “Patient’s Bill of Rights”, it puts in custom for American people to have better stability and flexibility they need to make informed choices about their health. The law gives people the opportunity to have better coverage through insurance companies, reduces premium costs, and extends the quality in care. It also offers Americans without coverage the ability to choose the insurance coverage that works best for them in a newly open, competitive insurance market.” (U.S Department of Health & Human Services). On June 28, 2012 the Supreme Court put in a final decision to uphold the law, up in till July of 2014 when Congress turned the tables.
On July 30th, 2014 the Republicans voted to set forth with their decision to file a lawsuit against President Obama. The Republicans stated that the President violate the terms of the Constitution with his high powers of executive orders. Within the votes, nearly all Democrats voted against it and all but five of the Republicans voted for the lawsuit, ending the vote with 225-201. As both parties were nearing November elections, they were using the pending lawsuit to gain support from the people. As the members within Congress were battling one another, the spot light was put on President Obama. During a speech in Kansas City, MO, Obama states, “They’re going to sue me for taking executive actions to help people. So they’re mad that I’m doing my job, “directed towards Congress. The lawsuit seems to be from accumulated aggression that has been present since Obama took office in 2009 and started to create a health care reform law. (Kane & Goldfarb, 2014)
According to Warren Richey regarding the Sissel v. US Department of Health and Human Services case, the lawsuit is sought to invalidate the president’s health-care reform law on grounds that the massive piece of legislation did not originate in the House of Representatives as required by the Constitution. (Richey, 2014) The Constitution Origination Clause states that, “All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose to concur with Amendment as on other Bills.” Chief Justice John Roberts stated that the law was passed through Congress’s taxing authority, with that argument ACA would have to have been in comparison with the Origination Clause in the Constitution. It was later pronounce that the federal courts appeal dismissed the lawsuit stating that ACA was not a “bill of revenue” and that it seen no reason to have further details in how it was passed in Congress. (Richey, 2014) Many cases have be brought to destroy ACA, major aspects of the lawsuit have been seen as crucial is that The Obama Administration said they would roughly pay $175 billion to insurance companies, under the law, over the next 10 years and the requirement that larger employers offer health coverage to their full- time employees or pay penalties, both of which were not approved by Congress. (Parker, 2014) Plaintiffs that have been hearing these lawsuits have found that the phrase in the ACA law under section 1311 “exchange established by the State,” makes distributing tax credits through...
Bibliography: Halbig vs. Sebelius. United States Court of Appeals. No. 14-50198. 22 July 2014. Web. 24 November 2014.
Kane, Paul and Goldfarb, Zachary. “House clears way for lawsuit against Obama.” The Washington Post. 30 July 2014. Web. 24 November 2014.
Parker, Ashley. “House G.O.P. Files Lawsuit in Battling Health Law.” The New York Times. 21 November 2014. Web. 24 November 2014.
Richey, Warren. “Did Congress Pass Obamacare the Right Way? Court dismiss lawsuit.” The Christian Science Monitor. 29 July 2014. Web. 24 November 2014.
Trende, Sean. “How the Court Case Against Obamacare Subsides Stack Up.” Realclearpoltics.com. 29 October 2013. Web. 24 November 2014.
U.S. Department of Health and Human Services. “About the Law.” Hhs.gov/healthcare. 14 November 2014. Web. 24 November 2014.
Young, Jeffery. “Supreme Court Agrees to Hear New Challenge to Obamacare.” The Huffington Post. 07 November 2014. Web. 24 November 2014.
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