The group filing the federal lawsuit against U.S.Secretary of Health and Human Services Katheleen Sebelius and U.S. Secretary of the Treasury Jacob Lew is headed by Houston Dr. Steven F. Hotze and the Braidwood Management Group, who both say small businesses will find ways around the provisions listed in the Affordable Care Act.
"Businesses are shifting to temporary workers to get them under the 30-hours-per-week work schedule. Because once businesses can shed their workers and get them below 30 hours per week they don’t have to pay the harsh penalty of $2,000 per employee," said Andrew Schlafly, the group’s legal counsel.
Schlafly said that will hurt the Texas economy by reducing productivity.
The group alleges that Obamacare violates the origination clause in the U.S. Constitution.
"Article I, section 7 of the U.S. Constitution says that all bills that raise revenue must originate in the House of Representatives and Obamacare did not originate in the House of Representatives," Schlafly said.
He said Obamacare also violates the Fifth Amendment, alleging that the Affordable Care Act takes property and provides a redistribution of wealth by ordering companies to pay money to their employees in the form of health coverage.
The lawsuit was filed with the U.S. Federal Court in Houston and standing with the group was a host of Republican lawmakers including Sen. Dan Patrick, R-Houston, Rep. Harvey Hilderbran, R-Kerrville, and Lt. Gov. David Dewhurst.