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Frequently Asked Questions

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.

1 posted on 04/14/2010 9:40:26 PM PDT by Whenifhow
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To: Whenifhow

This guy sounds like a good fellow. He should be supported along with his case. Did they file it already?


2 posted on 04/14/2010 9:45:06 PM PDT by Frantzie (McCain=Obama's friend. McCain called AMERICANS against amnesty - "racists")
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To: Whenifhow; ExTexasRedhead

Wouldn’t it be wonderful if all of us joined this lawsuit as much as I don’t like class actions suits?


6 posted on 04/14/2010 9:56:38 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: Whenifhow

I just signed up. Let’s spread this around - would love to get millions.


8 posted on 04/14/2010 10:08:27 PM PDT by bronxville
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To: Whenifhow; GailA
~~ping~~

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.

11 posted on 04/14/2010 11:30:51 PM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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bookmark for later


13 posted on 04/15/2010 4:01:52 AM PDT by Repeal The 17th (Greetings, and how are you today, comrade?)
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To: Whenifhow
OCA
14 posted on 04/15/2010 5:24:48 AM PDT by A.A. Cunningham (Barry Soetoro is a Kenyan communist)
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To: Whenifhow

ping


15 posted on 04/15/2010 5:29:48 AM PDT by phockthis
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To: Whenifhow; 17th Miss Regt; 2001convSVT; 2ndDivisionVet; A_Former_Democrat; A_Tradition_Continues; ..
I wasn't paying close enough attention when I scanned through this article the first time and missed something. You don't have to live in Tennessee; ANYONE can join this class action suit. So, in the interests of making sure the 10th Amendment Division® is aware of this opportunity to get your name in lights...

FWIW, I'm joining, but make up your own minds. I would like to see his list go from 5000 to 5,000,000, give or take a few. ;^)

If inclined, join HERE

22 posted on 04/17/2010 11:08:02 PM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: Whenifhow; jacknhoo; rodneyd; Devman; J. Austin Becton; Tes2fy; republican4sure; slowbeam; ...

Sent to all Tennessee FReepers


28 posted on 04/18/2010 5:02:23 AM PDT by bert (K.E. N.P. +12 . Ostracize Democrats. There can be no Democrat friends.)
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To: Whenifhow

Let’s roll.


29 posted on 04/18/2010 6:29:42 AM PDT by oyez (The difference in genius and stupidity is that genius has it limits.)
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To: Whenifhow; ForGod'sSake

I’m in. Being on one more list won’t hurt.


30 posted on 04/18/2010 7:15:38 AM PDT by dynachrome (Barack Hussein Obama yunikku khinaaziir!)
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To: Whenifhow; Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; ...
Suing the government is damn patriotic if you ask me. This guy seems on the up-and-up.



Libertarian ping! Click here to get added or here to be removed or post a message here!
View past Libertarian pings here
31 posted on 04/18/2010 7:17:00 AM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: Whenifhow

Van Irion is running for Zack Wamp’s seat. Zack is leaving the house to run for Governor of Tennessee. Van’s a solid candidate who’se views are conservative. I’ve met him once, and hope to do so again.

I’ve signed on to this class action suit. I don’t know whether it will bring about any positive result or not, but just having a huge number of signatures is a good indication of the strong sentiments against the government takeover of health care that we’re witnessing in the new USSA.


32 posted on 04/18/2010 7:33:42 AM PDT by meyer (It's time...)
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To: Whenifhow; rodneyd; Devman; J. Austin Becton; Tes2fy; republican4sure; slowbeam; TN4Bush; ...

Ping to Tennessee Freepers!


37 posted on 04/18/2010 9:05:48 AM PDT by seekthetruth (Dan Fanelli FL 8 --- Eric Forcade FL 10 --- Allen West FL 22 --- Marco Rubio --- Bill McCollum)
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To: Whenifhow; ForGod'sSake; bert
I'm in.

Thanks for the pings, ForGod'sSake and bert.

38 posted on 04/18/2010 9:08:36 AM PDT by Semper Mark (Both oligarch and tyrant mistrust the people, and therefore deprive them of their arms. - Aristotle)
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To: Whenifhow

thanks


47 posted on 04/18/2010 7:32:02 PM PDT by mel
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To: Whenifhow; pissant

Bump and will sign.


48 posted on 04/18/2010 8:14:01 PM PDT by Sun (Pray that God sends us good leaders. Please say a prayer now.)
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To: All; Whenifhow

Reading Van Irion’s website, this man is on my WOW! list and worth supporting. He’s the Constitutional Conservative that Michele Bachmann talks about.


49 posted on 04/18/2010 9:30:49 PM PDT by Sun (Pray that God sends us good leaders. Please say a prayer now.)
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To: Freedom with Responsibility

Ping for later.


51 posted on 04/20/2010 8:12:29 AM PDT by Freedom with Responsibility (Go...)
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To: Whenifhow

BTTT

The deadline to join the Obamacare Class Action Lawsuit is May 31

"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".




55 posted on 05/15/2010 5:44:32 PM PDT by EdReform (Oath Keepers - Guardians of the Republic - Honor your oath - Join us: www.oathkeepers.org)
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