Dr. Hotze’s Lawsuit Against the ObamaCare Employer Mandate Is Vindicated
Dr. Hotze is bound and determined to get ObamaCare done away with.
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Texas physician Steven F. Hotze, M.D., has won the first round in his precedent-setting lawsuit against ObamaCare, with the announcement that its costly mandate against employers will not be enforced in 2014. The media admit that this is a stunning defeat for Obama, but it is a triumph for free enterprise and provides relief that Dr. Hotze has been seeking in federal court.
On May 7th, Dr. Hotze and his medical practice challenged the employer mandate as being both unconstitutional and a “train wreck.” Unlike other lawsuits against ObamaCare, Dr. Hotze directly challenges the constitutionality of the employer mandate itself, and a televised press conference at the Capitol in Austin was supported and attended by numerous Texas legislators. Afterward, Dr. Hotze filed his lawsuit in federal court. Hotze v. Sebelius, 4:13-cv-01318 (S.D. Texas).
Now the Obama Administration is in full retreat on ObamaCare, sheepishly admitting on a website posting shortly prior to Independence Day that the employer mandate is not right for our nation at this time. Obama had no choice but to pay a high political price with his reversal.
Last summer the U.S. Supreme Court upheld ObamaCare by re-characterizing it as a tax, even though Obama denied it is a tax, Congress denied it is a tax, and the parties in the litigation did not claim it was a tax. But the Supreme Court expressly withheld judgment on whether ObamaCare is unconstitutional under other provisions in the Constitution.
Dr. Hotze’s lawsuit explains how ObamaCare violates other provisions of the Constitution: the Origination Clause in Article 1, Section 7, and the Fifth Amendment prohibition against taking private property without just compensation. Another recent ruling by the Supreme Court on a different property issue strengthens Dr. Hotze’s argument that ObamaCare violates private property rights by unconstitutionally forcing Americans to give up their property for the benefit of insurance companies.
Dr. Hotze observes that “ObamaCare is compelling mid-sized businesses to reduce the hours their employees work in order to lower ObamaCare penalties that could total more than $10 billion. This disincentive is wrong for the free market, and wrong for America. Apparently Obama got the message, because now he admits that he will not enforce these penalties against businesses for 2014, as I have been demanding in my lawsuit.”
This is a tremendous victory for all Americans, and will avert the loss of millions of hours in employment that ObamaCare was beginning to cause. Dr. Hotze is honored by this vindication of his lawsuit, which explains how harmful ObamaCare is for mid-sized businesses like his.