The Supreme Court's decision to not hear another challenge against the Affordable Care Act doesn't necessarily mean ObamaCare will remain the law of the land.
The court rejected a case which argued that according to the Constitution, all tax legislation is supposed to originate from the House – and that since the bill creating ObamaCare originated in the Senate, it's unconstitutional. The government argued the bill came out of the House to the Senate which sent it back to the House where it passed.
Twila Brase, who heads Citizens' Council for Health Freedom, says her group was hopeful the high court would decide to take up the case and rule the Affordable Care Act – or the individual mandate, at least – unconstitutional. That didn't happen.
"Our side [pointed out] this was a bill that they took from the House that was six pages long; it was about military housing," she explains. "They stripped out every word except the bill language and they put in that more-than-2,000-page bill with all these taxes. So it really did come out of the Senate – and that's just unconstitutional."
According to Brase, the court's rejection of the case doesn't mean people have to settle into the idea that ObamaCare is a done deal.
"There are all sorts of things that can happen ... in the legislative [arena] and in the funding and perhaps another court case in the future," she comments. "We don't know, but the battle against ObamaCare is not over, and so the people should not give up. That's really something so unconstitutional that we have to repeal it. We have to get to the point where we don't have ObamaCare."
More on the mandate
The Supreme Court has another case on ObamaCare, but it deals with the administration's insistence that Christian and pro-life groups fund abortion and provide free insurance coverage for contraception and abortion-causing drugs. Twenty states are throwing their support behind that case, filing a friend-of-the-court brief with the court supporting the right of religious nonprofits to exercise religious beliefs.
Texas Attorney General Ken Paxton explains that the contraceptive mandate exempts churches but not religiously affiliated organizations, such as universities, hospitals, and charities. "We believe that should also apply to religious nonprofits," he adds.
Paxton explains that there's another constitutional issue at play in this case – that is: Can the president, through administrative action, change the law?
"Because this particular provision – this mandate – wasn't in ObamaCare (legislation)," he continues. "And so you have another example of a president who's going outside of the bounds of his constitutional authority.
"And so if the courts say that's okay, not only are we affecting nonprofit religious organizations and people of faith from exercising their beliefs without being punished, but we're also saying that the president can make his own law."
Supreme Court justices are expected to make a ruling on the case in June.