Dr. Steven Hotze, founder of the Conservative Republicans of Texas and a leading donor to GOP candidates, said Tuesday that he had filed a federal lawsuit seeking to overturn the Affordable Care Act.
Standing in the Capitol surrounded by almost 30 Republican senators and representatives, Hotze said he believed the health care law is unconstitutional because it:
• Violates the 5th Amendment takings clause by requiring businesses with more than 50 workers to provide health insurance or pay a $2,000-per-employee penalty. The provision amounts to “a massive transfer of wealth away from Texans,” the lawsuit said.
• Violates the Constitution’s origination clause, which requires revenue-raising bills to originate in the U.S. House.
The Senate grafted the Affordable Care Act onto a House bill offering homebuyer credits for military personnel and federal workers. The original bill did not raise revenue, so when it was deleted and replaced with the health care law, the result was a bill that raised taxes, yet did not properly originate in the House, the lawsuit said.
“The intent of the lawsuit is to overturn Obamacare,” said Hotze, who added that he will pay legal costs with help from a legal defense fund that will accept contributions.
The lawsuit, filed Tuesday in Houston, raises different issues than were considered when the U.S. Supreme Court upheld most aspects of the Affordable Care Act last summer.