Posted on 04/14/2010 9:40:26 PM PDT by Whenifhow
Van Irion, Constitutional Attorney and candidate for the 3rd Congressional District of Tennessee filed a constitutional challenge to the “Patient Protection and Affordable Care Act” yesterday at 2pm at the United States District Court in Chattanooga, TN.
Irion said he considered taking this step after his trip to Nashville last month to support the Health Care Freedom Act and other bills proposed to protect Tennessean’s against Obamacare. “It became evident to me that the Attorney General was unlikely to take action. Tuesday’s announcement simply confirmed what I suspected.”
Irion says that the AG’s analysis misses the point. “Mr. Cooper bases his conclusion about the constitutionality of the Tennessee state bills on the assumption that the “Patient Protection and Affordable Care Act” is per se constitutional. That is the very issue at stake here. Is the PPACA constitutional or not? If not, then states have every right to defend themselves from its enforcement.”
Irion ‘s suit will be challenging the constitutionality Patient Protection and Affordable Care Act on behalf of a lead citizens of Tennessee. He says that individuals, companies, and groups wishing to join the suit as plaintiffs can contact him personally at
van@van4congress.org
http://www.van4congress.org/contact/obamacare-class-action/.
Tony Shreeve - Campaign Manager
H: 865-940-1119
C: 423-258-3700
www.van4congress.org
Join the New Revolution!
Fast and Pray on Tuesday
www.fastandprayontuesday.org
April 15th - Make it Just Another Day www.FairTax.org
The Official Complaint
Complaint filed 4/8/10 in the United States District Court, Eastern District of Tennessee
The complaint is a notice to the defendants, Barrack Obama, Nancy Pelosi, Harry Reid and the United States, of the nature of the claims. The complaint does not require or contain a full legal argument at this stage. A complete legal brief of the unconstitutionality of Obamacare will be made after the defendants answer the complaint.
Shreeve v Obama et al (click to download)
http://www.obamacareclassaction.com/obamacare-complaint.pdf
Van Irion Speaks About the Obamacare Class Action Lawsuit
http://www.youtube.com/watch?v=dRnDQU830pw&feature=player_embedded
Van Irion Speaks About the unconstitutionality of Obamacare
http://www.youtube.com/watch?v=dZbpCJjChBg&feature=player_embedded
Q. Can anyone join the class action against Obamacare?
A. Any US citizen or company can join as a plaintiff to the action by filling out the form HERE.
Q. Will it cost me anything to join the class action against Obamacare?
A. No, Attorney Van Irion is litigating the case pro bono and is covering the court costs personally.
Q. What happens next in the case?
A. The complaint will be amended to add all of the co-plaintiffs that have volunteered to join. The amended complaint will then be served on the defendants and they will be required to answer. They may do so by filing a counter motion or by filing an "Answer" to the claims in the complaint.
Q. What specifically is the case challenging?
A. Three claims are made in the complaint:
1. Abuse of Authority - The actions of the Defendants are not within the scope of authority granted them by the U.S. Constitution. 2. Violation of 10th Amendment - The actions of the Defendants violate the explicit limitations in the 10th Amendment to the U.S. Constitution. 3. Breach of Oath of Office - The actions of the Defendants represent a breach of the Defendants’ duties contained within their oaths of office to protect and defend the U.S. Constitution.
Q. Are there other attorneys on the case?
A. Several constitutional attorneys have offered their assistance pro bono for this case. We have a well skilled team to make this challenge.
Q. How is this case different from the other lawsuits filed against Obamacare?
A. This case has unique causes of action, as outlined above, that directly challenge the erroneous "Commerce Clause" and "General Welfare Clause" precedents of the Supreme Court. The interpretation of past courts have essentially rendered moot any limitations on the Federal government established in the Constitution.
The Commerce clause argument and the 10th Amendment argument were intended to be complimentary, just like those two parts of the Constitution are complimentary. They are opposite sides of the same coin. The argument is also about Canons of Legal Interpretation: Any interpretation of a single clause that negates the overall purpose of a law, contract, or other document, must be wrong. Such a clause can be included to create exceptions to an overall rule, but in those cases, the clause must be very clear about its limitations in reference to the overall purpose of the document. The scope of such exceptions must be clear and the courts must interpret them as narrowly as possible. The actions of Congress over the past 70 years have become the illustration that the "Commerce Clause" and the "General Welfare Clause" were misinterpreted as many years ago.
This guy sounds like a good fellow. He should be supported along with his case. Did they file it already?
The Official Complaint
Complaint filed 4/8/10 in the United States District Court, Eastern District of Tennessee
The complaint is a notice to the defendants, Barrack Obama, Nancy Pelosi, Harry Reid and the United States, of the nature of the claims. The complaint does not require or contain a full legal argument at this stage. A complete legal brief of the unconstitutionality of Obamacare will be made after the defendants answer the complaint.
Shreeve v Obama et al
http://www.obamacareclassaction.com/obamacare-complaint.pdf
Thanks. My apologies - I reread it after I posted. All the Tea Party folks should support being plaintiffs in this class action. Awesome.
Q. Can anyone join the class action against Obamacare?
A. Any US citizen or company can join as a plaintiff to the action by filling out the form HERE.
Wouldn’t it be wonderful if all of us joined this lawsuit as much as I don’t like class actions suits?
I just signed up. Let’s spread this around - would love to get millions.
Hussein would have a problem signing up.
Do I need to provide my birth certificate?
Will they accept a real one showing birth in the USA and not a poor COLB forgery?
;-)
I just happened to run across this one when checking "obamacare" keyword. Another cause to support. If you know of anyone having a Tennessee ping list, might give 'em a shout out.
My first thought was, since this is a Class Action, if we win, I wonder what kind of discount coupons we’ll win.
(When it comes to Class Action suits, I’m always snarky.)
bookmark for later
ping
Picked up and passed on, and posted to my face book page. What started as a family page has now become almost totally political took about 2 weeks!
You can join this effort on Facebook
Understood. I signed up on Facebook sometime last year because one of my daughters asked me to. I never spent much time there because I spend most of my time online on FR. I didn't really feel the need to become more engaged until running into some moonbats spreading unmitigated bovine scatology(ahem). I gently confronted(attacked) the moonbats with rational, fact based debate(peppered with a few ad hominems) only to be summarily booted, along with five or six fellow patriots doing same, from Facebook. OK fine, it was their page, but it once again demonstrated their complete lack of understanding of the issues facing the country. Appealing with their time honored warm and fuzzies and flinging ad hominems was their ONLY defense.
Long story short, I signed back up under a different name, email, etc. I asked my daughter who had observed the fireworks if she wanted to be my friend. She said she enjoyed the show but never realized I was such a meany and that she would get back to me; she hasn't. ;^) Fact is I politely decline any requests for friends with a lame excuse of one kind or another.
I repost some of the articles from FR on my face book, all the people who are my confirmed friends are as conservative as I am, my poor husband is the one who is not political at all. He votes conservative but doesn’t get involved like I do. Truth doesn’t make one mean. It may hurt, but it will set you FREE.
I know you wouldn’t be surprised that very few people I run into shopping know what was in obamanationcare. Every chance I get I educate and tell them to go google it. I use the Medicare cut & gut and ask them if they can take a 21% pay cut, and that their health ins is going up 17%, and the commie rep we have voted to saddle them with 35 new taxes in that law and wants the VAT on top of that, then I give them one Charlotte Bergmann’s hand outs. She is another of those strong out spoken conservative black business women. I’m in district 9 in Memphis.
Would that we were all doing as much for the cause. BTW, and taken in context, my daughter’s characterization of me as a “meany” was more a compliment than anything else. Bless her heart!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.