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October 30, 2013

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PLF’s Obamacare challenge moves forward at the D.C. Circuit

Efforts in Congress to roll back the Affordable Care Act (aka Obamacare) have stalled.

But that doesn’t mean this onerous, job-killing law can’t still be stopped! We believe it can!

PLF’s lawsuit against Obamacare took a decisive step forward last week when we filed our opening brief in the U.S. Court of Appeals for the D.C. Circuit.

Watch Dr. Robert Pepper of California, one of PLF's thousands of grass-roots supporters from coast to coast, explain why he considers PLF's challenge to Obamacare so important for our economy, our liberty and the "health" of our health care system:

A massive tax bill that flouts the Constitution’s rules on taxation

Obamacare should be called tax bill, not a health-care law. It raises more than $500 billion in new taxes – including the “individual mandate’s” charge for people who don’t buy a federally dictated insurance plan.

As PLF’s lawsuit drives home, Obamacare is unconstitutional because it was launched in the Senate, not the House. The Constitution's "Origination Clause" (Article I, Section 7) requires that taxes start in the House, to keep the taxing power close to the people.

“Majority Leader Harry Reid violated the Constitution by pulling Obamacare out of his hat in the Senate,” said Paul Beard. “He used a procedural gimmick. He took an unrelated House measure, and then erased its text and substituted Obamacare, with its crushing burden of new regulations and taxation.

“As we point out in our brief to the appellate court, this violation is so blatant that it can't be given a pass, if the Origination Clause is to have any integrity,” Beard continued.

Rep. Trent Franks, R-Ariz., Chairman of the House Subcommittee on the Constitution, agrees. He has sponsored a House Resolution saying - in concert with our lawsuit - that Obamacare violates the Constitution's “Origination Clause.” It currently has at least 50 co-sponsors.

PLF’s case is Sissel v. U.S. Department of Health & Human Services. Our opening appellate brief, a detailed litigation backgrounder, videos, and podcasts may be found at PLF's website: www.pacificlegal.org.

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Stand with PLF – for the Constitution, and against Obamacare!

By challenging Obamacare, and Sen. Reid's evasion of constitutional rules on taxation, PLF is on the cutting edge in the fight for taxpayers' rights and fundamental protections for liberty.

It now seems clear that if Obamacare is going to be stopped – along with all its perils for our economy, our freedoms and our health care – the victory will have to come in the judiciary, as litigators fight for bedrock constitutional principles all the way to the U.S. Supreme Court!

THANK YOU to our supporters for standing with PLF in this fight! PLEASE DONATE GENEROUSLY so PLF can keep "Rescuing Liberty" for this generation - and those to come!

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Rob Rivett, President
Pacific Legal Foundation

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