HOUSTON (Legal Newsline) - Several dozen congressmen led by Rep. Trent Franks, R-Ariz., have filed an amicus brief in support of Dr. Steven F. Hotze's constitutional challenge to the Affordable Care Act.
The case, Hotze v. Secretary of Health Kathleen Sebelius et al, is currently before the U.S. Court of Appeals for the Fifth Circuit and argues that the Origination Clause, Article I, Section 7 of the U.S. Constitution, prohibits the imposition of new taxes by legislation that originated in the Senate rather than in the House of Representatives.
The amicus brief, brought by 43 Congressmen, argues that ObamaCare is one of the biggest tax hikes in American history, court papers say.
"It is overwhelming that this diverse group of congressmen, representing many different parts of our Nation, all agree that ObamaCare is unconstitutional," Hotze said in a Wednesday press release. "The unconstitutional law of ObamaCare burdens Americans with 20 new or higher taxes."
In their brief, the congressmen contend the Origination Clause embodies a foundational principle of American jurisprudence that offers a structural constitutional protection against abuses of power by the national government.
Hotze is the founder and CEO of Hotze Health & Wellness Center in Katy and president of Conservative Republicans of Texas.
Case No. 14-20039.