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Lawsuit claims Obamacare crushing small employers

Lawsuit claims Obamacare crushing small employers
Posted May 8th, 2013 @ 9:17am by Tim Cavanaugh

The 2010 Patient Protection and Affordable Care Act radically hikes small-business costs, impoverishes states and violates the plain language of the U.S. Constitution, claims a lawsuit filed Tuesday in Houston, Texas.

Steven F. Hotze, a Katy-based allergist and immunologist, says the Affordable Care Act, popularly called Obamacare, forces his wellness center to pay enormous costs for its 73 employees. His suit challenges the law on three main grounds.

Hotze’s lawsuit claims that by forcing Americans to buy private insurance, Obamacare violates the Fifth Amendment’s Takings Clause, which holds that private property can only be taken for a “public use” and with just compensation for the property owner.

The suit also claims that the Affordable Care Act is unconstitutional because revenue-raising laws and taxes must originate in the House of Representatives. In the 5-4 decision upholding Obamacare, Chief Justice John Roberts ruled that the law’s penalty on the uninsured is a tax.

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