HOUSTON (Legal Newsline) - Two U.S. senators from Texas and a congressman have joined an ongoing constitutional challenge to the Affordable Care Act currently being heard in federal court.
As previously reported, in late May 43 congressmen led by Rep. Trent Franks, R-Ariz., filed an amicus brief in support of Dr. Steven F. Hotze's ObamaCare challenge.
On Wednesday, 65 additional congressmen -- including U.S. Senators Ted Cruz, R-Texas, and John Cornyn, R-Texas, and U.S. Rep. Pete Sessions, R-Texas -- joined in another amicus brief.
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.
In their amicus brief, the legislators argue that ObamaCare is one of the biggest tax hikes in American history, court papers say.
"It is stunning how many members of both the U.S. Senate and House of Representatives agree that ObamaCare is unconstitutional," Hotze said in a Wednesday press release. "The filing of this amicus brief by these 68 Senators and Congressmen in support of my legal challenge is confirmation that the law was passed in violation of the Origination Clause of the Constitution."
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.
"All Americans should be grateful to these Senators and Congressmen who have courageously stood up for our constitutional rights," said Hotze. "Their amicus brief demonstrates the Constitution must still be complied with, including its Origination Clause."
Hotze is the founder and CEO of Hotze Health & Wellness Center in Katy and president of the PAC Conservative Republicans of Texas.
Case No. 14-20039.
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