KATY, TEXAS–A lawsuit filed by a Houston area doctor against the Affordable Care Act is moving forward to the 5th Circuit Court of Appeals. The lawsuit filed by Dr. Steven Hotze, founder of Hotze Health and Wellness Center in Katy, challenges the Obamacare law based upon the origination clause of the Constitution.
In referring to what is known as The Origination Clause, “Article 1, section 7 of the U.S. Constitution every tax bill, revenue bill has to start in the House of Representatives,” Hotze explained. “It can’t start in the Senate.”
In this exclusive interview below with Breitbart Texas, Dr. Hotze explains how the Senate took a Veterans Tax Credit bill that started in the House and stripped everything out of the bill, including the title, and substituted the Affordable Care Act legislation. “If the Senate can do that, then there is no origination clause, because, the Senate can turn any bill that came from the House into a tax raising bill, and that’s wrong.”
Dr. Hotze’s attorney, Andy Schlaffly told the Washington Times, “What’s nice about this case, Hotze v. Sebelius, is the trial court resolved all the procedural issues in favor of Dr. Hotze, so they got to the substance at the trial level,” said Mr. Schlafly. “That makes this case a stronger case than most of the other ones.”
Dr. Hotze noted in the interview that the 5th Circuit Court is the most conservative court in the country and this makes this lawsuit one of the most likely to survive long enough to make it to the Supreme Court.
The 5th Circuit Court will receive briefs on the case in April. Shortly thereafter, the court will receive amicus briefs from Texas Attorney General Greg Abbott and U.S. Senator Sen. John Cornyn (R-TX) in support of Hotze’s lawsuit. Oral arguments should occur by July 1st. The amicus briefs are expected to be joined by several other Attorneys General and other members of the House and Senate.
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