Posted on 03/04/2010 7:45:05 AM PST by SoFloFreeper
*If* B. H. O. pulls off this anti-American garbage, would it be a possible successful strategy for each citizen who will be impacted to file a 10th amendment lawsuit to block it implementation?
I'm imagining millions of similar suits filed to stop this travesty.
So, is this just a "fantasy", or is it do-able? I'm thinking Federalist Society or some other group of Constitution-loving lawyers might facilitate it.
Thoughts?
Sure all you need is money ... But it will be only the courts who get overloaded. Doubtful that will effect Obama, only his dodomayor will suffer.
You’d have to show cause, and that wouldn’t be until 2014. :(
Yes, and no.
A lawsuit itself (no matter how many are filed, or for what cause) cannot stop implementation unless the Court issues an injunction pending litigation. No amount of lawyer-issued activity can stop a law.
But, an injunction would be able to halt implementation of the law pending litigation. You’d need a sympathetic judge with the authority and inclination to injoin.
SnakeDoc
That’s why I suggested Obama left the Supremes off the invite list for the Health Care (blame the Republicans) Summit. Obama needed to have them there to co-opt them on the Constitutional issues - Chicago style.
thanks!!
Liberal nutzo lawsuits go forward.
Conservative lawsuits get summarily thrown out. (Ask birthers.)
Or you could file one very good case.
Just a thought.
There is a risk in losing and setting a precedent that could impact other potential cases. Instead of a shotgun approach, it should be a very defined, calculated approach with the best case possible.
I think we are on the same page, but the 10th amendment argument is that the federal govt does not have the authority to mandate some issue that is within the control of the state governments.
But I am not sure that mandated healthcare is constitutional even on a state level.
You cannot mandate that someone receive healthcare, period, if it is against their religious beliefs. If you can’t make someone receive medical care, how can you make them pay for something that they will never even receive? It makes no sense, defies any logic.
I have long argued that there is mandated healthcare, complete with a tax penalty for those who did not participate, is unconstitutional.
It looks like certain state legislatures agree. See this entry from Wiki.
National Health Care Nullification – As of March 2010[update], 25 states have introduced legislation which would declare certain provisions of any proposed national health care bill to be null and void within the state; the legislation passed in Arizona and Virginia.[11] Such provisions include mandatory participation in such a system as well as preserving the right of a patient to pay a health care professional for treatment (and for the professional to accept it) outside of a single-payer system. Arizona’s legislation passed as a proposed constitutional amendment, to be submitted to the voters in 2010.[12] On February 1, 2010, the Virginia Senate took a stand against a key provision of a proposed federal health care overhaul, passing legislation declaring that Virginia residents cannot be forced to buy health insurance.
But the problem is that until that matter was settled, you are subject to civil and criminal penalties, (criminal penalties, including jail time), for not participating. So the practicality of the matter is that you will have to participate until it is judicially determined.
This is so far beyond the American ideology it is incredible. It is more soviet, more feudal, than anything this country has seen. They have taken a political issue, and turned it into a criminal statute where if you oppose it you go to jail.
I hope doctors and people who can do it, just do it
I truly don’t understand why there is not an outright tax revolt. They are sweating right now with the revenues down, imagine if millions did not file? Really, what do you think they could do? Are there that many IRS agents? That much court time? Do they truly have that many lawyers? WE could put the screws to them in a minute.
IIRC you must be able to show “injury” which can’t happen until the law is actually implemented ....
I have no children yet pay property tax levies for schools. Receipt of benefits or payment for unused benefits happens all the time...
It takes about 10 minutes for the IRS to file a levy on your bank accounts to confiscate what they believe you owe, and then you have to prove otherwise to get your funds back. Meaning you have to file a tax return to show their error in the amount held, and as a result admit you willfully failed to file and are thus obligated to pay fines and interest, at a minimum.
The only way to defang the IRS is to simply relocate all your assets and income overseas in a non-US-compliant jurisdiction.
Sometimes you just have to take a stand.
Michael Savage says we could use the religious angle with which to sue the government. But we can’t all become Christian Scientists! Aren’t there rites and/or ceremonies that one must do, in order to officially take on a new religion? I don’t think they would appreciate their religion being *used* for that purpose. I also heard that the Amish are to be excluded from the health care bill. (Is that true?) We can’t all become Amish!
I’ve danced with the IRS before and lost horribly (their mistakes, documented). My stand is to go Galt and simply leave nothing for the takers to take.
But be my guest, fail to file, and go ahead and ignore the levy summons. And when every penny you have in any account you have is taken in one fell swoop, go ahead and enjoy the stand.
I understand what you are saying but if even 50% of tax payers said NO, ENOUGH, what do you think would happen?
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