Wednesday, October 20, 2010

Update on Class Action Suit

Good news! A Federal court has ruled that most Americans have standing to challenge the Constitutionality of Obamacare. The District Court for the Eastern District of Michigan recently ruled that Americans who “reorganize their affairs,” and “forego certain spending today, so they will have the funds to pay for health insurance when the individual mandate takes effect in 2014,” have standing. This is most Americans.
The Obama administration filed a notice in our lawsuit last week acknowledging the Michigan court’s ruling and its relevance to our case. However, their notice reemphasized their assertion that Congress has authority to enact Obamacare.
Today we filed a response to that notice. Our response demonstrates, once again, that our lawsuit against Obamacare is unique. Rather than arguing that current precedent limits Congressional authority, we used this opportunity to reiterate and emphasize the argument that we have been making since the beginning: Current precedent leaves zero limitations on Congressional authority, and that violates the clear meaning of the Constitution. Obamacare is simply the latest in a long line of Federal legislation that increasingly intrudes upon personal rights. If the courts don’t overturn the flawed precedent currently in place, Obamacare will not be the end of these intrusions. That is why all Americans that want to reign in Congress should be part of this class action. Send out this link for others to JOIN THE OCA.
Ours is the only lawsuit against Obamacare that is making this point in this way. Ours is the only lawsuit that explicitly acknowledges that Congress currently has no limits on its authority, and argues that this must change. Ours is the only case that begins and ends with our assertion that specific precedent must be overturned.
Now that the “standing” issue has been effectively eliminated, the court is left with one simple question: Will it follow the clear meaning of the Constitution, or will it follow clearly erroneous precedent? Our latest filing presented this question very clearly.
The defendants’ most recent filing and our response can be viewed at our website. The ruling from the Michigan court can also be reviewed from our web site.
Our first appearance in court for the Obamacare Class Action lawsuit has been scheduled. The Eastern District of Tennessee noticed all parties that a scheduling conference has been set for November 19th in Chattanooga, Tennessee. While a scheduling conference is usually routine, this one will likely become a discussion of the pending motions. The judge from the Eastern District of Tennessee now has all the briefs related to our motion for preliminary injunction and to the defendants’ motion to dismiss. If a separate hearing date is not set before the November 19th scheduling conference, we’d like to encourage everyone that can be present for the scheduling conference to be there. We will update you further as that date approaches.
We are excited that a Federal judge now has the opportunity to make history. It only takes one brave judge to re-establish our Constitutional Republic by overturning Wickard v. Filburn.
If we are able to tell the judge that we now have over 100,000 plaintiffs it would have a much stronger effect on his decision. Please continue to tell everyone you know about the OCA. Please forward this e-mail to everyone on your e-mail lists. Please encourage them all to join the OCA. You can them this link - JOIN THE OCA.
Van Irion
President, Lead Counsel, Co-Founder
Liberty Legal Foundation
P.S. Liberty Legal Foundation is a non-profit organization. We appreciate all contributions. Please give what you can to help support our work to re-establish our Constitutional Republic.

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