Sens. Ted Cruz and John Cornyn of Texas aren’t done fighting Obamacare. On Tuesday, the pair filed a court brief backing up an argument that Obama’s signature health care law violates the Origination Clause because its tax provisions originated in the Senate rather than the House. The argument was first made by a self-employed Iowa man named Matt Sissel, but his lawsuit was dismissed by a federal appeals court in July. Cruz and Cornyn believe it deserves a rehearing:
The D.C. Circuit Court ruled that the law is not subject to the Origination Clause, and therefore, the court “has no occasion to determine whether it originated in the House or the Senate.”
But Cornyn and Cruz argue that the Senate bill should be considered a bill to create revenue.
In their 18-page brief, the senators acknowledge that “it may seem odd that sitting Senators would speak out in support of enforcing restrictions on the authority of their own chamber.” They said they are trying to hold their colleagues responsible and preserve the Constitution.
There is a mixed legal history on the Origination Clause. The Supreme Court has long argued that not all bills that include taxes are considered “bills for raising revenue.”
Cruz and Cornyn’s challenge unfortunately seems like a long shot, but it stands to reason that Obamacare just isn’t constitutionally sound.