Federal Lawsuit Against ObamaCare Continues

I just received the following from my friend Dr. Steven F. Hotze regarding his challenge to ObamaCare. There is a lot going on behind the scenes that many Americans are not aware of. I hope you find the following encouraging. — Gary DeMar

Thank you for your support of my federal lawsuit against Obamacare.

We appealed the decision of Federal Judge Nancy Atlas on the Hotze v Sebelius lawsuit to the 5th Circuit Court of Appeals this past Friday, January 10, 2013.

Judge Atlas issued her decision this past Friday and ruled in our favor on the procedural issues, that I had standing to bring the lawsuit and that the suit was ripe. This was huge. She found with federal government on the merits, however, dismissing the case. We fully expected this. She is a Clinton appointee.5th-circuit-fp

This ruling allows me to appeal this decision to the 5th Circuit on the merits of the case, rather than on procedural issues, that the Congress violated both the Origination Clause, Article 1, Section 7, and the Taking Clause of the 5th Amendment to the U.S. Constitution. The 5th Circuit will take up this appeal de novo and decide it on the merits. The 5th Circuit is the most conservative of the 13 U.S. Courts of Appeals. I am confident that the 5th Circuit will find in our favor and overturn Obamacare.

We will have 40 days to file the brief on the appeal. Oral arguments would probably be scheduled for mid to late March. The final decision would before July 1st.

You can read Judge Atlas’ decision here.

Andrew Schlafly, Esquire, General Counsel for the Association of American Physicians and Surgeons, is our attorney on this lawsuit.

Would you please prepare an amicus brief in support of this lawsuit for the 5th Circuit?

Our team has already met and laid the ground work with the Republican Attorney Generals’ Association in Washington, D.C., Senator John Cornyn, key Texas Congressmen, the Heritage Society and Grover Nordquist, President for Americans for Tax Reform, asking them to support this lawsuit by filing amicus briefs with the 5th Circuit.

Please contact Attorney General Greg Abbott today and ask him to file an amicus brief from Texas with the 5th Circuit in support of our lawsuit. The contact is Daniel Hodge, Chief of Staff for Attorney General Abbott. Daniel’s office number is 512.936.1285. His mobile is 512.636.9136. His email is [email protected]

Let’s press this battle to its successful conclusion.