AUSTIN— The Texas Public Policy Foundation filed a brief urging the U.S. Court of Appeals for the 5th Circuit to uphold the U.S. District Court decision declaring Obamacare unconstitutional.

“For millions of Americans like our clients Neill Hurley and John Nantz, the Affordable Care Act has led to skyrocketing costs, rationed care, and loss of health care freedom,” said Robert Henneke, general counsel at the Texas Public Policy Foundation. “Yet, our clients are commanded to comply with the ACA, even when said command violates the United States Constitution. We filed our brief to defend the correct ruling by the federal district judge that Obamacare is unconstitutional and should be declared invalid in its entirety.”

A three-judge panel of the 5th Circuit Court is expected to hear the case in July.

“The Affordable Care Act has injured Neill Hurley, John Nantz, and millions of Americans by raising their health insurance costs, lowering their quality of health care, and forcing them to purchase a product which they do not wish to buy,” said Munera Al-Fuhaid, an attorney with the Texas Public Policy Foundation. “We look forward to vindicating their rights and the rights of all Americans to be free from the unconstitutional individual mandate at the Fifth Circuit Court of Appeals.”

In March, the U.S. Department of Justice asked the 5th Circuit Court of Appeals to affirm the lower court’s ruling invalidating Obamacare in its entirety.

In December 2018, the U.S. District Court agreed with the Texas and TPPF coalition and issued a final judgment and stayed the effect of its ruling.

The Tax Cuts and Jobs Act of 2017 set the individual mandate penalty to zero, meaning that Obamacare no longer generates revenue and can no longer be considered a tax.

To view a copy of the brief, please visit: