Texas physician files novel Obamacare suit

Picking up where the U.S. Supreme Court left off when it found the Affordable Care Act constitutional if considered a tax, a Houston physician filed a suit claiming it violates federal tax law.

obamacare-signing
The president signing Obamacare into law. Photo credir www.breitbart.com
Dr. Steve Hotze initiated his suit Tuesday in federal district court making a novel claim based upon the Supreme Court’s assertion that it was a tax and not a penalty, according to Breitbart News.

The Constitution provides that all revenue-raising bills must originate in the House of Representatives. Hotze’s complaint alleges that the Patient Protection and Affordable Care Act originated in the Senate.

“What we were promised was a new health care policy and change that could be good for all Americans,” Hotze said at a press conference announcing the lawsuit. “Really, all it’s turned out to offer us is higher premiums, higher taxes and a government that will allow its bureaucrats to interfere with the doctor-patient relationship.”

Dr. Hotze is also basing his complaint on a Fifth Amendment violation. Breitbart News reported:

It is forcing individuals and businesses to purchase a consumer product — in this case, health insurance.

Hotze’s lawsuit claims that by forcing Americans to buy private insurance, Obamacare violates the Fifth Amendment’s Takings Clause, which holds that private property can only be taken for a “public use” and with just compensation for the property owner.

“It is imperative that Texas challenge this unwarranted federal overreach and ensure that Texans maintain the most innovative and economically viable health care system in the country,” he wrote in a statement.

The clip below is of the press briefing, held at the Texas state capitol, announcing the filing of Hotze v. Sebelius. Hotze is surrounded by Republican lawmakers.

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