[EdReform]

Latest OCA update

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Date:	Monday, July 19, 2010 11:34 AM
From:	Van Irion <van@van4congress.org>
To:	********
Subject:	Amended Complaint and Motion for Preliminary Injunction Filed today!
7/19/10 Ed, The amended Complaint and Motion for Preliminary Injunction has been filed! Please read this entire email for important information. Here's a portion of the press release: 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.” Continued here... You can download a copy of the amended complaint HERE and the preliminary injunction motion HERE. The case status as well as the counts on the map are being updated at www.obamacareclassaction.com where you originally joined this action. The final number of plaintiffs was 25491. We had numerous invalid email addresses and requests to be removed from the suit. Also, in any instance where we were unsure of the information, the name was removed. Given the nature of the action, we had to err on the side of removing names rather than add someone who did not want to be added. Also, it is absolutely required that I have a valid email address for every plaintiff in order to communicate about the lawsuit. These logistical issues are why we are now requiring a small fee to join the lawsuit so we can be sure people truly want to be part of this action. I will be filling a motion to join additional plaintiffs before the preliminary injunction is heard, so we still have the opportunity to increase our numbers. Any US citizen can still join by clicking HERE. As soon as the preliminary injunction hearing date is known, everyone will be noticed and that will set the "join by" date for the joinder motion. You do not have to appear for any court hearing, but if you can be there it would have a great impact on the judge hearing the case. I will give you as much notice of hearing dates as I can. Many aspects of Obamacare are already going into effect, particularly affecting Tanning Salons. It is important that we move forward as quickly as we can to minimize the damage caused by this unconstitutional DC power grab. It is critically important that we stand together and keep up the fight. In Liberty, Van van@van4congress.org

[Ingtar]

I’m one.

[Man50D]

I’m another.

[EdReform]

Ping

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 America’s 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".

OVER 10,000 AMERICANS JOIN LAWSUIT AGAINST OBAMACARE

Previous updates posted at the following links:

http://www.freerepublic.com/focus/f-bloggers/2496593/posts?page=143#143

http://www.freerepublic.com/focus/f-bloggers/2496593/posts?page=125#125

[Defiant]

I just read the complaint. It's not very well written and the causes of action are not recognized claims that can be sustained by a court, e.g., abuse of authority. You need to structure it as a violation of some law or constitutional right with reference to what the health care law does and what rights are violated. I agree that the bill is unconstitutional; it needs to be attacked a little better. This has little chance, it is like a high school civics version of why the bill is bad, and the federal courts are the big leagues. Gotta make it airtight, and then when they slap you down in the lower courts, you have the record ready for the Supremes.

I may look into how it could be structured, and if I do, I will let Freepers know if I decide to file anything.

[wintertime]

So?...Why won’t this be thrown out due to “no standing”?

[BCrago66]

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.

[Publius6961]

Why only 25,000 I wonder?

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.

[bamahead]

Proud to be a part of it!



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