Senators John Cornyn and Ted Cruz and Congressman Pete Sessions, joined by 65 additional Congressmen, file an amicus brief supporting Dr. Hotze’s challenge to Patient Protection and Affordable Care Act
Steven F. Hotze, M.D., Founder and CEO of Hotze Health & Wellness Center and President of Conservative Republicans of Texas (CRT), welcomes the filing of an amicus brief by U.S. Senators John Cornyn and Ted Cruz and Congressman Pete Sessions, joined by 65 additional Congressmen, in support of Dr. Hotze’s challenge to the constitutionality of Patient Protection and Affordable Care Act under the Origination Clause in Hotze v. Sebelius, No. 14-20039. These 68 members of the United States Senate and House of Representatives filed their brief before the U.S. Court of Appeals for the Fifth Circuit, to validate Dr. Hotze’s claim that the passage of the Patient Protection and Affordable Care Act (PPACA, commonly known as ObamaCare) violates the Origination Clause, Article 1, Section 7 of the U.S. Constitution.
This amicus brief was filed on behalf of United States Senators John Cornyn and Ted Cruz, and United States Representatives Pete Sessions, Robert Aderholt, Joe Barton, Kerry Bentivolio, Charles W. Boustany, Jr., Kevin Brady, Paul Broun, Vern Buchanan, John Carter, Steve Chabot, Tom Cole, K. Michael Conaway, Paul Cook, Kevin Cramer, John Culberson, Jeff Duncan, Blake Farenthold, John Fleming, Bill Flores, Scott Garrett, Bob Gibbs, Louie Gohmert, Trey Gowdy, Morgan Griffith, Ralph M Hall, Richard Hudson, Tim Huelskamp, Lynn Jenkins, Bill Johnson, Sam Johnson, Walter Jones, Steve King, Jack Kingston, John Kline, Doug LaMalfa, Leonard Lance, James Lankford, Michael T. McCaul, Patrick T. McHenry, Mark Meadows, Jeff Miller, Mick Mulvaney, Randy Neugebauer, Richard Nugent, Pete Olson, Robert Pittenger, Bill Posey, Scott Rigell, Phil Roe, Keith Rothfus, Matt Salmon, Steve Scalise, Mike Simpson, Lamar Smith, Steve Stockman, Lee Terry, Mac Thornberry, Randy Weber, Daniel Webster, Lynn A. Westmoreland, Roger Williams, Joe Wilson, Robert J. Wittman, Robert Woodall, Ted Yoho, and Don Young.
This amicus brief explains that the Patient Protection and Affordable Care Act was drafted outside of the committee structure in the U.S. Senate, and then rushed through without deliberative attention. The Constitution, however, requires that all revenue-raising bills originate in the House of Representatives, where there is maximum political accountability. 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. This amicus brief explains that as “a Senate-initiated, revenue-raising bill,” the Patient Protection and Affordable Care Act “is void.”
“It is stunning how many members of both the U.S. Senate and House of Representatives agree that ObamaCare is unconstitutional,” Dr. Hotze said. “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 strong leadership on this issue by Senators John Cornyn and Ted Cruz and Congressmen Pete Sessions, all from Texas, is particularly gratifying. This lawsuit originated in Houston, Texas, and is currently before the U.S. Court of Appeals for the Fifth Circuit, which has jurisdiction over Texas.
Their amicus brief recounts the irregular process used to pass the Patient Protection and Affordable Care Act, which clearly transgressed constitutional requirements. “On November 21, 2009, the Senate Majority Leader called up H.R. 3590 – which had nothing to do with raising revenue, much less healthcare – and offered an amendment that replaced the bill with” the Patient Protection and Affordable Care Act. This process, the Senators and Congressmen explain, rendered the Patient Protection and Affordable Care Act “invalid under the Origination Clause.”