◼ Analysis: Affordable Care Act Faces 100 Pending Lawsuits - Washington Free Beacon
Around one hundred lawsuits challenging the president’s signature policy achievement are currently making their way through the courts.
Some of these lawsuits challenge very specific parts of the law, while others are challenging the law in its entirety. ◼ Here is a list of the six major legal challenges to the law.
Hotze v. Sebelius challenges the constitutionality of the employer mandate. The Fifth Amendment prohibits the government from taking private property for public use without “just compensation.” Steve Hotze, a doctor in Texas, is arguing that Obamacare violates this “takings clause” by mandating that his business give money to another business, specifically an insurance company, without any compensation....
Hotze is also challenging the law’s constitutionality under the Constitution’s “origination clause,” which requires that all spending bills originate in the House of Representatives. The substance of Obamacare was first introduced in the Senate by replacing the text of an unrelated bill that came from the House.
Matthew Sissel and the Pacific Legal Foundation are also making this argument in Sissel v. U.S. Department of Health and Human Services. Hotze lost his case based on this argument, as did Sissel in a D.C. district court. Sissel, like Hotze, is appealing.
Should this argument succeed, the whole law would be struck down.
More, at the link
