Forty House Republicans filed a brief last week in support of a legal challenge against ObamaCare that argues the law imposes billions of dollars in new taxes but did not originate in the House, as tax bills must under the Constitution.

Rep. Trent Franks (R-Ariz.) spearheaded the effort by filing a “friend of the court” brief on Friday with the U.S. Court of Appeals for the D.C. Circuit. That brief argued that ObamaCare violated the Origination Clause of the Constitution, which holds that all bills for raising revenue “shall originate in the House.”

The brief recounted how ObamaCare was ultimately passed — the Senate took an unrelated bill that gave tax breaks to certain veterans and added what ultimately became the Patient Protection and Affordable Care Act (PPACA).

“If the Senate can introduce the largest tax increase in American history by simply peeling off the House number from a six-page unrelated bill which does not raise taxes and pasting it on the ‘Senate Health Care Bill,’ and then claim with a straight face that the resulting bill originated in the House, in explicit contravention of the supreme law of the land, then the American ‘rule of law’ has become no rule at all,” the GOP brief said.

Read more at The Hill