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Obamacare Might Be Heading Back To The Supreme Court: Unconstitutional

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Michael Lotfi is a Persian-American political analyst and adviser living in Nashville, Tennessee. Lotfi is the founder and CEO of BrandFire Consulting LLC. The firm specializes in public and private technology centered brand development, lead generation, data aggregation, online fundraising, social media, advertising, content generation, public relations, constituency management systems, print and more. Lotfi is the former executive state director for the Tennessee Tenth Amendment Center, a think-tank focused on restraining federal overreach. Lotfi graduated with top honors from Belmont University, a private Christian university located in Nashville, Tennessee.
A little known secret about the President’s healthcare agenda began leaking a few months ago. The mainstream media has completely abandoned the issue, until recently. However, signs are beginning to point to hemorrhagic status as often times small leaks take up this route.ObamaWhat’s the secret? When crafting the legislation, democrats and the President made a huge mistake. Under the Patient Protection and Affordable Care Act, better known as Obamacare, states were given the option to decide whether or not they wanted to set up an insurance exchange, which each state would run. Those states who choose not to set up their own insurance exchange would have a federal exchange set up in its place. States that do choose to set up an exchange are to fine employers who  do not provide insurance under the employer-mandate penalty. This money is then returned to the employees to purchase insurance through the state run exchange.
Here’s the flaw. So far more than two dozen states have opted out of the state exchange. Tennessee, Texas, Florida and Oklahoma to name a few. President Obama and democratic leadership failed to add this same penalty to states who opt out of the state exchange in place of the federal exchange. Therefore, the dozens of states that have already opted out cannot be fined under the employer-mandate penalty. This would have left Obamacare in  shambles.

So, Obama went to the IRS and had them re-write the healthcare law. However, this is unconstitutional. Only Congress can make such changes to law. A lawsuit has been making its way to the Supreme Court  filed by the state of Oklahoma challenging this illegal power grab by the IRS.

I have been following this development for quite some time. Communications director for US Congressman Scott Desjalais (R-TN), Robert Jameson told me in an interview a couple months ago;

“They made a huge mistake here. Congressman Desjarlais will be taking action on the issue and watching it closely in the Supreme Court. If we are successful in upholding this as unconstitutional it will make the states who have opted out of the state run exchange very attractive to businesses who bring jobs and prosperity. It will also make Obamacare even more unsustainable than it already is, which will leave the door open to defunding it.”

Scott Pruitt, Oklahoma Attorney General, just took a major step forward in having his case heard by the Supreme Court. A federal judge in Okalahoma ruled last Monday that Oklahoma has the legal standing to sue the federal government over the subsidies in the federally run exchanges (see video above). This is the first time a federal judge has ruled against the Obama administration with regards to the Patient Care Act in quite some time. Opponents of the Patient Care Act will certainly keep a watchful eye as this story continues to develop.

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