Monday, April 29, 2013

Catron: "Can One Iraq Vet Stop Obamacare?"

David Catron has a nice article on Matthew Sissel's legal challenge to ObamaCare based on the Origination Clause, "Can One Iraq Vet Stop Obamacare?"

A couple of excerpts:
This 32-year-old artist, businessman, and holder of the Bronze Star is the plaintiff in Sissel v. U.S. Department of Health & Human Services, which Sissel sees as “a battle for my liberty — my freedom to live out my life to the fullest.” This is the only remaining lawsuit that has any chance of bringing down the entire health care law. His lawsuit, which was filed in July of 2010, was put on hold during the run-up to last June’s Supreme Court decision to uphold most of Obamacare. Ironically, that controversial ruling gave his case a new lease on life. 
A variety of constitutional scholars have of course weighed in on the Sissel case. Last September Georgetown Professor Randy Barnett wrote, “If any act violates the Origination Clause, it would seem to be the Affordable Care Act. The Supreme Court has never approved the ‘strike-and-replace’ procedure the Congress employed here. This challenge might be a good opportunity to discover whether the Origination Clause is part of the ‘Lost Constitution,’ or whether it is still a part of the written Constitution that Congress must obey.”
(For more details, read the full text of "Can One Iraq Vet Stop Obamacare?")

Sissel also discusses his reasons in his earlier OpEd in the Christian Science Monitor:
I proudly served our country in the Iowa Army National Guard as a combat medic, spending two years in Iraq and eventually being awarded the Bronze Star. I mention that experience in order to drive home this point: While I am proud to have served my state and my country as a volunteer, I object to being conscripted into a federal health-care program that is at odds with basic constitutional principles of individual rights and limited government.

I see my lawsuit as a battle for my liberty – my freedom to live out my life to the fullest without costly, one-size-fits-all dictates from the government. I am fighting the command-and-control health-care plan in order to safeguard the health of our Constitution and the freedoms it protects for me and for all Americans.