Hotze v. Sebelius: Friend of Political Outcast Files Federal Lawsuit to Stop Obamacare

On May 7, 2013, Steven Hotze, M.D., held a news conference in the Lt. Governor’s Press Conference Room to announce that he would be filing a federal lawsuit — Hotze v. Sebelius — against the federal government.

The suit, Hotze v. Sebelius, will seek to prevent the enforcement of the Patient Protection and Affordable Care Act (ACA), known commonly as Obamacare, in Texas, asserting Constitutional objections that were not raised in the U.S. Supreme Court’s previous review of Obamacare.

There are two constitutional challenges presented by Hotze’s lawsuit:

  1. The lawsuit argues that Obamacare violates the Origination Clause in the U.S. Constitution, Article 1, Section 7, that requires revenue-raising bills to begin the U.S. House. The original bill began as a tax credit bill for veterans — not a revenue-raising bill.
  2. The lawsuit claims that Obamacare violates the Fifth Amendment of the U.S. Constitution by compelling employers to pay private insurance companies for health coverage.
Dr. Hotze with Texas Legislators at press conference to discuss Hotze v. Sebelius

Steven F. Hotze, M.D., is the founder and CEO of Hotze Health & Wellness Center, Physician’s Preference and Hotze Pharmacy, all located in Houston, Texas. His management company, Braidwood Management, employs over 75 individuals who work for his enterprises.

“Obamacare means higher insurance premiums, higher taxes and the intrusion of federal bureaucrats into the doctor-patient relationship,” said Dr. Hotze. “It is imperative that this unwarranted federal overreach be challenged, to ensure that Texas maintains the most innovative and economically viable health care system in the country.”

Dr. Hotze and Braidwood Management filed the Hotze v. Sebelius lawsuit electronically in the Federal District Court, Southern District of Texas, in the Houston Division at 1 pm today.

For early reaction to the Hotze v. Sebelius lawsuit, please review the following media links here and here.