The following blog entry is cross-posted at IWF's Health Care Lawsuits project, which is dedicated to tracking cases challenging the Affordable Care Act.
In a unique challenge to the Affordable Care Act, plaintiff Matt Sissel has alleged that the individual mandate is unconstitutional and furthermore that the entire law is unconstitutional because it originated in the Senate, not the U.S. House, where revenue-raising bills must originate. We've covered this Origination Clause challenge since its inception.
Today the nonprofit handling litigation for Sissel, the Pacific Legal Foundation, has filed a petition for certiorari with the Supreme Court. The case started in federal district court and was last heard in the D.C. Court of Appeals, where a panel of three judges ruled against the plaintiff. Now he is appealing to the only court left who can hear his case.
Here is what the Pacific Legal Foundation said about today's landmark filing:
Pacific Legal Foundation and Matt Sissel are asking the Supreme Court to accept our challenge to Obamacare, in order to uphold and enforce the Constitution’s safeguards against arbitrary taxation, and to liberate Americans from a harmful law that was imposed in defiance of those procedures and protections.
You can read more about this case here.