:It seems that ''Herrada'' and ''Munoz-Flores'' dealt with whether the final act was revenue-raising (both cases found it was not, and therefore neither law was subject to the origination clause). There is actually a reasonable argument as to why PPACA falls into the same category of not being revenue-raising (and I'm sure it's one the defendants will assert, if the case even gets to the merits). ''Armstrong'' suggests a test that if the final act is revenue-raising, then we must check that (1) it began as a House bill and (2) the House bill dealt with revenue (not necessarily raising revenue): if so, then the Senate properly exercised its power to amend revenue bills, which is allowed according to the Origination Clause. PPACA would satisfy such a test (as HR 3590 was a House bill dealing with revenue). | :It seems that ''Herrada'' and ''Munoz-Flores'' dealt with whether the final act was revenue-raising (both cases found it was not, and therefore neither law was subject to the origination clause). There is actually a reasonable argument as to why PPACA falls into the same category of not being revenue-raising (and I'm sure it's one the defendants will assert, if the case even gets to the merits). ''Armstrong'' suggests a test that if the final act is revenue-raising, then we must check that (1) it began as a House bill and (2) the House bill dealt with revenue (not necessarily raising revenue): if so, then the Senate properly exercised its power to amend revenue bills, which is allowed according to the Origination Clause. PPACA would satisfy such a test (as HR 3590 was a House bill dealing with revenue). |