Posted on 10/01/2009 9:08:09 PM PDT by Elderberry
SACV09-00082-DOC Barack Hussein Obama, et al. § Defendants. § Plaintiffs’ Sur-Reply: the Ninth Amendment, etc. In their Reply, Doc. 72, the Defendants first attack Plaintiffs’ response (at p. 1 of their Reply, Case 8:09-cv-00082-DOC-AN, Doc. 72, 09/25/2009, p. 2 of 11) by contending that, “Plaintiffs’ Reliance on the Ninth Amendment is Misplaced.” In support of this assertion, the Defendants cite not one single Supreme Court case, but instead a line of 9 constitution itself, but to Lawrence H. Tribe’s 1998 textbook entitled Constitutional Law rule of constitutional construction inexcusably contradicts the Supreme Court’s repeated holdings (relevant to the construction of Article II, Sec. 1 qualifications for President, as well as the Ninth Amendment, both of great importance to the resolution of this case) that, “ constitution is intended to be without effect th Circuit Cases which goes back, ultimately, not to any text of theAmerican1. Tribe’s quoted statement concerning the Ninth Rule as ait cannot be presumed that any clause in the.” Marbury v. Madison, 5 U.S. 1 holdings from this Circuit such as, “Rights under Ninth Amendment are only those so basic and fundamental and so deeply rooted in our society to be truly “essential rights,” and which nevertheless, cannot find direct support elsewhere in Constitution. 165, 78-2 USTC P 9620, 57 ALR Fed 678, cert den (1978) 439 US 953, 58 L Ed 2d 344, 99 S Ct 350. Plaintiffs contend that the right to limit the Presidency exclusively to “natural born citizens” is one of those that can indeed be described as so deeply rooted in our society as to be an “essential right.”
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I would be very surprised if Judge Carter dismisses this.
This is the first case where his attorneys or the DOJ used the argument that the court system is the wrong venue.
Would they go to all this trouble if he was natural born?
Will Judge Carter weigh that the judiciary is one of three branches of govt and is entrusted with the duty of being a check and balance against the executive and legislative ESPECIALLY when both are engaged in corruption to perpetrate a fraud to harm the citizenry?
Gargantua, Esq.
;-/
December 23, 1996
SURREPLY MEMORANDUM IN OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS
Defendants’ Reply Memorandum proposes a series of invalid propositions. At the outset, Defendants assert, correctly, that the State “is required by law to pay for the medical expenditures of its indigent citizens,” and then characterize this case as an attempt by the State “to shift that statutory obligation to private parties” — as if there is anything wrong with that attempt given the Defendants’ legal responsibility for the harm. The State is required by federal law to “ascertain the legal liability of third parties . . . to pay for care and services available under the plan” and to “seek reimbursement for such assistance to the extent of such legal liability.” 42U.S.C. § 1396a(a)(25)(1994). Nothing in the federal statute limits this obligation to the recoupment of payments for which third parties have a liability to the Medicaid recipients. Any “legal liability” to make such payments, including liability to the State itself, is plainly included.
I beg to differ.
Sarcasm right?
“Will Judge Carter weigh that the judiciary is one of three branches of govt and is entrusted with the duty of being a check and balance against the executive and legislative ESPECIALLY when both are engaged in corruption to perpetrate a fraud to harm the citizenry? “
I pray that he realizes that is his great task to perform.
Notice that she has two exhibits.
One is Senator (judge) Sessions saying Congress can do nothing if lawsuits are happening and the DOJ is saying that the courts have no jurisdiction and it needs to be handled by Congress. Also she has the Quo Warranto to Holder that he essentially ignored.
I include Judge Carter in my prayers every night.
Well before people complained that her filings were sloppy. I think she finally got some help. I think some people saw she had hit the jackpot with judge carter and she got some top drawer assistance.
In fact I bet a lot of this was done in preparation before the DOJ even filed their motion to dismiss.
I am not an attorney but this was very good. As the fellow who is an attorney said - it is targeted for SCOTUS.
I would be very suprised if Carter dismisses this. He has to know the public and the military are coming to the judiciary in almost a final plea to get the truth out.
This is NOT going away. Leo and Terri are also close in HI.
> I beg to differ.
Jet Jaguar - just kidding.
I know surreply IS a word.
I was just mimicking the stupid Obots - one of them was saying that just last week ;)
Crazy coolaid-drinking Obots ...
> I beg to differ.
Jet Jaguar - just kidding.
I know surreply IS a word.
I was just mimicking the stupid Obots - one of them was saying that just last week ;)
Crazy coolaid-drinking Obots ...
Noted
And I saw the older posts as well.
:0)
The truth is coming one way or the other, Apuzzo filed a request for his case to be moved forward, and now even Big Bird has joined the Constitutionalists/Birthers.
Yes it is. It’s actually commonly used in law.
From what I’ve seen of her stuff...no.
Wow! To Orly, “You go, Girl!” That was a concise and pointed response. It certainly gives Judge Carter much upon which to hang his rob to grant a trial on merits of the plaintiff’s case. How does that phrase go, you cannot use the same law as both a shield and a sword? What Senator Sessions, an imminent member of the Senate Judiciary Committee, said should carry weight with a reasonable Judge. I am reminded of that Judge in Florida who would not let Gore’s goon squad railroad the legal process in Florida’s recount debacle. What was that hero’s name ...
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