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Washington Times: Cruz, Cornyn back Obamacare lawsuit over Congress’s taxing authority

Lawyers, on behalf of GOP Sens. Ted Cruz and John Cornyn of Texas, have filed a brief in support of a lawsuit that argues Obamacare violates the U.S. Constitution’s requirement that all tax bills originate in the U.S. House of Representatives.

“[W]hile it may seem odd that sitting Senators would speak out in support of enforcing restrictions on the authority of their own chamber to initiate bills for raising revenues, their duty is first and foremost to ‘support and defend the Constitution,’ not to aggrandize power for themselves and their Senate colleagues,” lawyers said in the paperwork filed Tuesday.

A three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia had ruled over the summer that the Obamacare tax was “incidental” to the primary purpose of the Affordable Care Act, so it isn’t a revenue-raising measure as envisioned by the Constitution.

The origination issue had been in doubt after the Supreme Court’s decision two years ago saying that while the law’s individual mandate wasn’t allowed under Congress’s powers to control interstate commerce, it was a valid exercise of Congress’s taxing power.

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