Docket No. 11-7275 Nicholas E. Purpura,v.Kathleen Sebelius, Conference of February 17, 2012.

UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; KATHLEEN SEBELIUS, individually and in her Official Capacity as the Secretary of the United States Department of Health and Human Services; UNITED STATES DEPARTMENT OF THE TREASURY; TIMOTHY F. GEITHNER, individually and in his official capacity as the Secretary of the United States Department of the Treasury; UNITED STATES DEPARTMENT OF LABOR; and HILDA L. SOLIS, individually and in her official capacity as Secretary of the United States Department of Labor,

______________ Petition for a Writ of Certiorari to the United States Supreme Court _______ MOTION FOR EXPEDITE REARGUMENT PURSUANT TO RULE 21 TO RECALL AND VACATE AND ALLOW PARTICIPATION ON March 26-28, 2012 - “Patient Protection and Affordable Care Act” “H.R.3590” ______________

Petitioner had presented irrefutable proof with specificity throughout each Count that required adjudicated. Now more than ever, in light of recent hearing that took place in in the great State of Georgia on January 26, 2012 before the Hon. Michael Malihi, in which the Office of State Administrative Hearing (OSAH) involving the challenge of Mr. Obama legal right to be place on the Georgia “Ballot” in November related to eligibility to hold the Office of the Presidency; goes to the heart of Petitioner’s Count 6.

Now more than ever Purpura v Sebelius, Case No. 11-7275 must take precedent over any and all cases to be heard at oral argument scheduled for March 26-28, 2012.

http://www.scribd.com/doc/79712515/Purpura-v-Sebelius-Motion-to-Recall-and-Vacate

No.11-7275
In the Supreme Court of the United States
TERM, 2011

NICHOLAS E. PURPURA,
PETITIONER

UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES;
KATHLEEN SEBELIUS, individually and in her Official Capacity as the
Secretary of the United States Department of Health and Human Services;
UNITED STATES DEPARTMENT OF THE TREASURY;
TIMOTHY F. GEITHNER, individually and in his official capacity as the Secretary of the United States Department of the Treasury;
UNITED STATES DEPARTMENT OF LABOR; and HILDA L. SOLIS, individually and in her official capacity as Secretary of the United States Department of Labor,

______________
Petition for a Writ of Certiorari to the United States Supreme Court
_______
MOTION FOR EXPEDITE REARGUMENT PURSUANT TO RULE 21
TO RECALL AND VACATE AND ALLOW PARTICIPATION ON
March 26-28, 2012 - “Patient Protection and Affordable Care Act” “H.R.3590”
______________

NICHOLAS E. PURPURA 1802 Rue De La Port Wall, New Jersey 07719 (732) 449-0856 DONALD B. VERRILLI, JR.
Pro se[s] Petitioner Counsel for Appellee/Defendants
(Self-in-Law)

Justice Joseph Storey’s great Commentaries on the Constitution says;
“That although the spirit of an instrument, especially of a constitution, is to be respected not less than its letter, yet the spirit is to be collected chiefly from the letter. It would be dangerous in the extreme to infer from extrinsic circumstances that a case, for which the words of an instrument expressly provide, shall be exempt from its operation…. No construction of a given power is to be allowed which plainly defeats or impairs its avowed objectives…. This rule results from the dictates of mere commonsense, for every instrument ought to be constructed as to succeed, not fail…. While, then. we may well resort to meaning of single words to assist our inquires, we should never forget…that must be truest exposition which best harmonizes with the instrument of governments’ design, objects, and general structure.”

INTERVENING CIRCUMSTANCES OF SUBSTANTIAL CONTROLLING EFFECT THAT REQUIRES A RECALL & VACATE

“But what end is equivalent for a precedent so dangerous as that where the Constitution is disregarded by the Legislature, and that disregard is sanctioned by the judiciary? Where then, is the safety of the people, or freedom which the Constitution meant to secure? One precedent begets another, one breach will quickly be succeeded by another, and thus the giving way in the first instance to what seems to be the case of public convenience in facts prepares the way for the total overthrow of the Constitution.—State v. -——, Hayw. 28 N.C.1794

The compelling reason to “Recall and Vacate” the decision of January 9, 2012 is that it conflicts with black letter law, and ignores the Constitution contract as written Not to allow Petitioner to be heard on March 26-28, 2012 is to effectively discard the text of the Constitution in favor of a system in which men decide what laws will be addressed.

Substantial Grounds Not Previously Presented:

Now more than ever Purpura v Sebelius, Case No. 11-7275 must take precedent over any and all cases to be heard at oral argument scheduled for March 26-28, 2012.

Petitioner alleged and proved (see, Count 6) that Mr. Obama was ineligible to sign the “Act” “H.R.3590” or any other legislation into law, appoint federal judges, or make any regulation. This Honorable Court as well as those under its jurisdiction overlooked proper judicial procedure by failing to address this constitutional question that affects the entire Country.

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