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Cole Supports Case to Overturn Obamacare

May 16, 2014
Press Release

Washington, D.C. – Congressman Tom Cole (OK-04) joined Congressman Pete Sessions (TX-32), Senator John Cornyn (TX) and several other colleagues in signing an amicus brief in support of Hotze v. Sebelius. While numerous lawsuits have been filed against the Affordable Care Act, this litigation brought forth last May questions the constitutionality of the law according to the Takings Clause of the Fifth Amendment and the Origination Clause. 

Even though the Supreme Court previously deemed the business and individual mandates in the law as taxes, the final version of Obamacare passed by both chambers originated in the Senate. This directly violates the constitutional requirement that revenue-raising bills begin in the House. Since the bill then inappropriately taxes individuals, the Takings Clause is then violated by taking “private property for public use without just compensation.”

“Rightly so, there are numerous battles against the president’s healthcare law, but this case holds real promise in dismantling the failure that is Obamacare,” said Cole. “I am pleased to join with colleagues in both chambers to show our support, especially when the constitutional rights of Americans are threatened and obviously disrespected. In the days ahead, I am hopeful that the Court will take a thoughtful look at these violations and realize that – in addition to being terrible public policy - Obamacare is also built upon an illegitimate legal foundation.”

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