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Cornyn, Cruz File Amicus Brief Requesting Full D.C. Circuit Review of Constitutionality of Obamacare

WASHINGTON, DC -- U.S. Sen. John Cornyn, R-Texas, and U.S. Sen. Ted Cruz, R-Texas, today filed an amicus brief in support of a rehearing in Sissel v. US Department of Health and Human Services, which argues that the Patient Protection and Affordable Care Act (PPACA) violates the Origination Clause of the Constitution, which requires that legislation that raises revenue originate in the House of Representatives. The PPACA, which effectively originated as legislation in the Senate, raises revenue through various provisions like the individual mandate. Sissel argues that, having originated in the Senate, the PPACA violates the Origination Clause and is unconstitutional. A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit recently rejected the plaintiff’s argument, and the brief filed by Sens. Cornyn and Cruz requests a full rehearing by all judges on the D.C. Circuit.
 
“The procedural hurdles imposed by the Origination Clause protect liberty and serve as a well-needed reminder of the source of government money, hopefully instilling greater thoughtfulness in the Senate and in government as a whole,” Sens. Cornyn and Cruz wrote.
 
A copy of the motion and brief is here.

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