Skip to comments.More than 25,000 Americans file Federal Court Motion to Halt Obamacare
Posted on 07/19/2010 11:05:13 AM PDT by EdReform
More than 25,000 Americans file Federal Court Motion to Halt Obamacare
Chattanooga, TN – July 19, 2010
More than 25,000 Americans are named as individual plaintiffs in a lawsuit against the Patient Protection and Affordable Care Act (PPACA), filed today in Federal Court by TN attorney and Congressional Candidate Van Irion. Mr. Irion also filed a motion for preliminary injunction requesting a court order to halt the enforcement of all aspects of the PPACA, also known as Obamacare. The suit challenges Obamacare on the basis that Congress is not authorized by the Constitution to regulate health care. Mr. Irion is asking the courts to re-evaluate the 68 year-old Commerce clause precedent, arguing that the precedent in effect destroys the intent of the Constitution and specifically violates the 10th Amendment. Mr. Irion says in the motion for Preliminary Injunction, The fact that the error perpetrated against America in Wickard has fundamentally changed the way our government operates, should not be used as an excuse to continue the error.
The case was originally filed with one named plaintiff, Anthony Shreeve, on April 8, 2010. Since that time, over 25,000 Americans from all 50 states learned of the suit and asked to join. The latest filings amend the complaint to include the individuals and businesses that have contacted Irion to request that they be joined as co-plaintiffs in the lawsuit. Also included in the latest filings is a motion for a preliminary injunction. If granted, the motion would result in a court order from the Federal Court in Chattanooga prohibiting the Federal government from enforcing Obamacare, pending the outcome of the lawsuit.
Irions filed lawsuit is the first suit to allow any US citizen or business to join as a plaintiff and is the only suit to directly attack the legal precedent of the Commerce clause and therefore the Constitutionality of Obamacare. Irion has been interviewed on both Greta Van Susterens On the Record with Greta Van Susteren, and Judge Andrew Napolitanos Freedom Watch.
The lawsuit quickly became so popular among grassroots movements, that we set up a website to take plaintiff information and allow people to follow the progress of the case, said Irion. The suit has been dubbed Obamacare Class Action, or OCA, and can be found at http://www.van4congress.org/contact/obamacare-class-action/. Individuals and businesses can join by filling out a form that captures name, address and email address. Phone number and company name is optional, but US companies have the option of signing on as a corporate plaintiff.
This is truly the Peoples Suit Irion says. Its their name on the complaint. America is suing the President, Pelosi, Reid and the Federal government, saying that the Obamacare legislation is wrong. It is unconstitutional and must be overturned.
The complaint was filed in Federal Court, Eastern District of Tennessee, Chattanooga, on April 8, case file number 1:10cv-71. The amended complaint adding over 25,000 Americans was filed July 19, along with the motion for preliminary injunction. For more information about Van Irion, visit Van4Congress or Law Office of Van R Irion PLLC.
Latest OCA update
Obamacare Class Action Lawsuit (www.obamacareclassaction.com)
"The purpose of this lawsuit is to reverse Supreme Court precedent related to the Commerce clause and thereby overturn Obamacare. The Supreme Court has historically erred in its interpretation of the Constitutional role of the Federal Government. Recent Supreme Court rulings hint that they may be willing to take another look at Commerce clause precedent. Obamacare is so over reaching and so onerous, that it must either be repealed in Congress or struck down in the courts. We must fight this on both fronts. This is our historic opportunity to reverse Americas trend toward Socialism by overturning this unconstitutional precedent.
If you are a US citizen and agree with the goal of this lawsuit, please join us. If you have concerns about joining, please review the FAQs for more information. Every person we add strengthens the voice of "We the People".
Previous updates posted at the following links:
Great! I’m on board, too. I know of a few other FReepers who have joined.
I may look into how it could be structured, and if I do, I will let Freepers know if I decide to file anything.
Im another.,,, DITTO
I’m on the complaint, too.
Thanks for your comments on the OCA.
I have no legal expertise of any kind, but I am looking for a way to go on record against Obamacare. Van’s suit seems to be the only option available to the common man, so that’s why I joined. If at some point you will file a class action suit against Obamacare, please let me know.
I also sent you some additional OCA information for your analysis via FReep mail. I look forward to hearing from you.
How about my right to privacy..
I never signed away my right to privacy between me and my doctor...
A ping for those following along. The amended odingacare class action suit including the 30,000+ plaintiffs has been filed.
So?...Why won’t this be thrown out due to “no standing”?
As a matter of strategery, this suit isn’t brilliant.
First, the 13 State Attorney Generals, plus the folks at the Thomas More law Center, filed suit months ago, and they have more & better brain power at their disposal.
Second, the State suits solve a standing problem that exists when only individuals are listed as plaintiffs; States have standing when the federal law conflicts with State law, but for individuals, standing requires actual or imminent harm, which typically doesn’t exist before a law is actually implemented.
Finally, this case might have helped as a device to get a preview of the government’s case, to be attacked in subsequent lawsuits; however, this TN case is late in the game. The other suits were filed months ago, including the Thomas More Center one, filed moments after passage of Obamacare.
So it’s a waste of resources - but otherwise, no harm done, I guess.
Is that the total number of American citizens who are actually aware, engaged and informed enough to see why the law is oppresive and, more importantly, cannot possibly work and would collapse under its "all-things-to-all-people" financial cost?
There are limits to everything, including taxes.
No, I think that's the total number of American citizens who are actually aware of this legal action, and are aware of the oppressive nature of this law. Van Irion, the man spearheading this action, is a local man. He's also running for the Third congressional district in Tennessee, and has already earned my support.
I wish this had gotten more national attention.
Better yet, drop Van an email and give him some pointers. Not being a smart-aleck. It's an important-enough issue that any help given would be worthwhile.
Van's running a campaign right now, and he's got a lot on his plate. Perhaps too much at this time.
But will the lawyers listen to (valid) criticism?
(Scroll to the end, past the 25K plaintiffs.)
My statement earlier in this thread that "the 13 State Attorney Generals, plus the folks at the Thomas More law Center...have more & better brain power at their disposal" - was the understatement of the century, and you don't need to be a legal eagle to figure that out.
Just read the complaint and see for yourself.
This is a CRACKPOT LAWSUIT BY A LEGAL ILLITERATE.
1) The suit names as defendants - in their individual capacities(!) - Nancy Pelosi & Harry Reid. This is mega-stupid. Congress can pass any crap they want, and they enjoy legislative immunity. Plus, you file suit to enjoin the law, which means you name as defendants officers of the executive branch who implement it, e.g., Obama and the Secretary of HHS. Pelosi and Reid at this point are irrelevant to the implementation of the law.
2) As mentioned above, the suit does not list recognized causes of action. You can pull this crap if your filing pro se - and the judge will bend over backwards to try to figure it out - but not if you're representing others.
3) The suit asks for money damages. Crazy. Before the law is implemented? By what method can the court judge access damages among a zillion plaintiffs, in a suit that asks that the law never be implemented? This is not the kind of case in which a minimally competent lawyer asks for money damages, which means the class-action thing is not bright.
The Dept. of Justice will assign their most junior lawyer to this one, and about 5 minutes after getting the motion to dismiss, the judge will order: GRANTED.
And the lawyer filing this will likely find himself dinged with a Rule 11 violation, but he won't mind, because he won't know what that is.
For those interested, here's what actual Obamacare legal complaints look like:
1) From the 13 States
Thanks for the ping.
I’m running an office, too, but if I can, I will. I might even file a joinder in his case if I go forward, rather than file in Californica.
Please keep me updated, also! Thanks in advance!