House Conservatives File a Brief Challenging Legality of O-Care

Pacific Legal Foundation is in the D.C. Court of Appeals fighting to put an end to Obamacare in a case titled Sissel v. U.S. Dep’t of Health & Human Services. The lawsuit challenges the heart of the law — the individual mandate and tax — as unconstitutional. PLF believes the law is illegal and unconstitutional.

This week several House members filed a brief for PLF’s “Origination Clause” challenge to Obamacare.
Pacific Legal reported:

Pacific Legal Foundation’s legal challenge to Obamacare received important backing in the form of an amicus brief filed by Congressman Trent Franks, R-Arizona, Chairman of the House Judiciary Subcommittee on the Constitution, joined by several dozen other members of the House.

The amicus brief was filed Friday in the U.S. Court of Appeals for the D.C. Circuit, in PLF’s case, Sissel v. U.S. Department of Health & Human Services.

“We are grateful for this powerful support from Congressman Franks, a leading authority on the Constitution, and from many other key lawmakers,” said PLF Principal Attorney Paul J. Beard II. “This support from members of the House is especially significant because PLF’s lawsuit defends the constitutional authority of the lower chamber, the legislative body that is closest to the people. We argue that Obamacare was enacted in a way that deprived the House of its authority to ‘originate’ new taxation. By extension, taxpayers were deprived of a core constitutional protection against reckless and oppressive use of the federal taxing power.”

In addition to Representative Franks, House members who have joined the brief as amici in support of PLF’s Obamacare challenge include: Michele Bachmann (MN); Joe Barton (TX); Kerry L. Bentivolio (MI); Marsha Blackburn (TN); Jim Bridenstine (OK); Mo Brooks (AL); K. Michael Conaway (TX); Steve Chabot (OH); Jeff Duncan (SC); John J. Duncan, Jr. (TN); John Fleming (LA); Bob Gibbs (OH); Louie Gohmert (TX); Andy Harris (MD); Tim Huelskamp (KS); Walter B. Jones, Jr. (NC); Steve King (IA); Doug Lamborn (CO); Doug LaMalfa (CA); Bob Latta (OH); Thomas Massie (KY); Mark Meadows (NC); Randy Neugebauer (TX); Steve Pearce (NM); Robert Pittenger (NC); Trey Radel (FL); David P. Roe (TN); Todd Rokita (IN); Matt Salmon (AZ); Mark Sanford (SC); David Schweikert (AZ); Marlin A. Stutzman (IN); Lee Terry (NE); Tim Walberg (MI); Randy K. Weber, Sr. (TX), Brad R. Wenstrup (OH); Lynn A. Westmoreland (GA); Rob Wittman (VA); and Ted S. Yoho (FL).

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