Lawsuit against ObamaCare Heads to 5th U.S. Circuit Court of Appeals
Last Friday, Dr. Steven F. Hotze, founder and CEO of the Hotze Health and Wellness Center in Houston, Texas, gave me and some of my colleagues a first-hand update on his lawsuit against the Affordable Care Act. Many of you may not realize that this is a major frontal assault on ObamaCare that is getting little attention in major media outlets.
Yesterday I received the following email from Dr. Hotze:
“The Washington Times published a long article about my lawsuit against Obamacare in Section A pg 3 . . . [on] February 11th. . . .
“Senator John Cornyn will be filing an Amicus Brief in support of this lawsuit. He will circulate it for signatures among Republican Senators and Congressman Pete Sessions has committed himself to circulate Sen. Cornyn’s Amicus among Republican Congressman. The Republican Atty Gen Assn (RAGA) will also have a separate Amicus Brief which will be circulated among Republican Atty Generals.
We also plan on launching a nationwide petition drive in order to identify supporters and raise money for our legal fees.
The following is an introduction to the Washington Times artricle with a link to the entire article:
“Dr. Steven Hotze faces a grim choice as he grapples with rising insurance costs under Obamacare: Reduce the hours worked by the 97 employees at his Houston wellness center or jack up prices on his patients.
“He doesn’t like either option. So instead, he is opting for a third way: He is fighting the Affordable Care Act in court, challenging its constitutionality under the Origination Clause and the 5th Amendment’s takings clause.
“Similar lawsuits have yet to win a round in federal court, but Dr. Hotze believes his case is different because in law, as in real estate, location is everything. His next stop is the 5th U.S. Circuit Court of Appeals, one of the most conservative federal courts in the nation.
“If there is any court that would be open to the private-property arguments against the Affordable Care Act, it’s the 5th Circuit, says Dr. Hotze, who has become something of a legal strategist since filing the lawsuit May 7.
“‘In all these other circuits, you don’t have a chance. The only conservative circuit is the 5th Circuit,’ said Dr. Hotze, founder and CEO of the Hotze Health and Wellness Center.
“In January, he lost his initial round in federal district court, but Judge Nancy Atlas ended up doing him a favor. While she ruled against the merits of the lawsuit, she agreed that Dr. Hotze had standing to file the case and that it was “ripe for consideration.”
You can read the entire article at the Washington Times.