All too soon, ObamaCare will give us 'Standing'

American Thinker ^ | 12/7/2013 | Deane Waldman

[txhurl]

I would think this could be the biggest class action ever.

[ChildOfThe60s]

The Bill of Rights protects the individual from the Will of the Majority.

And who enforces the Bill of Rights? The President? The courts? The congress?

"If every Jewish and anti-nazi family in Germany had owned a Mauser rifle and twenty rounds of ammunition AND THE WILL TO USE IT (emphasis supplied - MBV), Adolf Hitler would be a little-known footnote to the history of the Weimar Republic."

Aaron Zelman, one of the founders of Jews for the Preservation of Firearms Ownership

[sport]

Not too many moons from now, at the longest, we, in the United States of America will have to make that same choice the Jews of Germany made.

[esoxmagnum]

It will be pushed back until Obama is out of office.

[ChildOfThe60s]

I am afraid odds are you are correct.

I think that is one reason the junta is so actively pursuing any sort of organized group of political dissent (”extremest” conservatives). In groups of people there is a cohesiveness that coordinates and solidifies organization and resistance. Patriots are more willing to die together, to put it bluntly.

Break up the groups and it is much easier to crush resistance.

[kaehurowing]

Can’t wait for the first wrongful death suits for patients who die because they have lost their medical coverage.

And those who thought they signed up for coverage but the applications were never processed.

[sport]

I am correct, My FRiend. Not because I am so brilliant, but because of the nature of evil. Evil never stops advancing on its own accord. Evil only stops advancing when it is stopped by the sacrifices and blood of decent individuals. Throughout history, the forces of good have rallied to stop the advance of evil when all seemed lost. I hope that this will be the case of the United States. I am optimistic that there will be enough honorable individuals willing to sacrifice their lives if necessary to preserve the principles this Country was founded on. Time will tell. I do know that evil will not stop on its own accord. It must be stopped with force.

[ChildOfThe60s]

I do know that evil will not stop on its own accord. It must be stopped with force

A lesson of history that unfortunately few people have learned.

I do agree, what we are dealing with here is not honest difference of opinion, it is evil.

[ChildOfThe60s]

Can’t wait for the first wrongful death suits for patients who die because they have lost their medical coverage.

Not going to happen.

[John Valentine]

I have no problem with anyone who can afford to do so filing suit, I merely question the ability of any plaintiff to prevail against legislation that has already been ruled constitutional.

Unless there can be a factual showing, after discovery, that there was intentional illegality, wrongdoing like fraud, or gross negligence on the part of a government official that directly affected the plaintiff, they will go exactly nowhere, regardless of procedural issues.

[Nero Germanicus]

The Supreme Court ruled in 1982 that presidents may never be sued in office or after departing office for official acts undertaken as president. In that case, Nixon v. Fitzgerald, the court based its reasoning in part on the argument that it would be too burdensome to a president to have to defend himself against civil lawsuits while trying to serve effectively as president.

http://en.wikipedia.org/wiki/Nixon_v._Fitzgerald

[SvenMagnussen]

From your link ...

"Nixon v. Fitzgerald, 457 U.S. 731 (1982),[1] was a Supreme Court of the United States court case that dealt with immunity from suit to government officials performing discretionary functions when their action did not violate clearly established law."

It's difficult to sustain a civil suit against any defendant where it has not been alleged a law was broken and an injury was sustained by the plaintiff due to the negligence of the defendant.

Some have argued, in the press and on the net, Obama is violating the ADA (established law) by his discretionary actions; such as, exempting certain groups from the compliance of the law by executive order. Unless, of course, Obama is exempting those who have challenged his eligibility to be President by not meeting the Constitutional requirements to hold the office. Consequently, he is settling their complaint with an exemption from the law before a complaint is filed with the U.S. District Court.

The Founding Fathers never intended ballot eligibility to equate to eligibility for the office of POTUS. The People, through their selection of Electors, can vote for anyone they choose to be their President. If the People choose an ineligible President, then it is up to the minority to object on an individual basis in Federal Court to being subjected to the laws, regulations and appointments of the usurper. An individual can only obtain standing when they can show a direct and particularized harm due to the actions of the usurper.

An ineligible President may settle a complaint without going to trial and without proving he's eligible for the office by exempting those who complain about the laws and regulations he has signed. After Obama leaves office, all laws, regulations and appointments become valid by the De Facto Officer Doctrine. Consequently, Obama is merely running out the clock on his laws, regulations and appointments until he leaves office.

[Nero Germanicus]

As of this time, there has been no judicial ruling of a violation of law. “Suggestions” of law violations aren’t enough, there would need to be a definitive ruling.
If there was to be a court ruling or a congressional finding of ineligibility, then all bets would be off, but there has been no such judicial or congressional finding.