Last night, I joined CNBC's The Kudlow Report to discuss the recent news that 18 Senate Democrats have signed a letter urging the postponement or repeal of Obamacare's destructive medical device tax. Conservatives have warned for years that the tax would kill jobs and undermine innovation in the field, a conclusion that some Democrats have finally embraced as implementation looms. The Left has recognized this problem all along, of course, but they needed to squeeze as much on-paper revenue as possible into the Obamacare CBO score back in 2010 in order to attract those final few votes from "fiscally...
The "Origination Clause" in the U.S. Constitution (Article I, Section 7) requires that taxes be initiated in the House. The Senate took a House bill dealing with veterans and deleted the title and all text, leaving only the bill's number. ObamaCare was then inserted. The Supreme Court characterized the penalties in ObamaCare as federal taxes, but was not asked and did not address the issue of which body of Congress initiated the taxes. The Pacific Legal Foundation has filed a suit (U.S. District Court for the District of Columbia) challenging ObamaCare on this issue. newsandopinions dot net
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