More than 25,000 Americans file Federal Court Motion to Halt Obamacare

Van Irion for Congress ^ | July 19, 2010 | Van Irion

[EdReform]

More than 25,000 Americans file Federal Court Motion to Halt Obamacare

Chattanooga, TN – July 19, 2010

More than 25,000 Americans are named as individual plaintiffs in a lawsuit against the Patient Protection and Affordable Care Act (PPACA), filed today in Federal Court by TN attorney and Congressional Candidate Van Irion. Mr. Irion also filed a motion for preliminary injunction requesting a court order to halt the enforcement of all aspects of the PPACA, also known as Obamacare. The suit challenges Obamacare on the basis that Congress is not authorized by the Constitution to regulate health care. Mr. Irion is asking the courts to re-evaluate the 68 year-old Commerce clause precedent, arguing that the precedent in effect destroys the intent of the Constitution and specifically violates the 10th Amendment. Mr. Irion says in the motion for Preliminary Injunction, “The fact that the error perpetrated against America in Wickard has fundamentally changed the way our government operates, should not be used as an excuse to continue the error.”

The case was originally filed with one named plaintiff, Anthony Shreeve, on April 8, 2010. Since that time, over 25,000 Americans from all 50 states learned of the suit and asked to join. The latest filings amend the complaint to include the individuals and businesses that have contacted Irion to request that they be joined as co-plaintiffs in the lawsuit. Also included in the latest filings is a motion for a preliminary injunction. If granted, the motion would result in a court order from the Federal Court in Chattanooga prohibiting the Federal government from enforcing Obamacare, pending the outcome of the lawsuit.

Irion’s filed lawsuit is the first suit to allow any US citizen or business to join as a plaintiff and is the only suit to directly attack the legal precedent of the Commerce clause and therefore the Constitutionality of Obamacare. Irion has been interviewed on both Greta Van Susteren’s “On the Record with Greta Van Susteren”, and Judge Andrew Napolitano’s “Freedom Watch.”

“The lawsuit quickly became so popular among grassroots movements, that we set up a website to take plaintiff information and allow people to follow the progress of the case,” said Irion. The suit has been dubbed Obamacare Class Action, or “OCA”, and can be found at http://www.van4congress.org/contact/obamacare-class-action/. Individuals and businesses can join by filling out a form that captures name, address and email address. Phone number and company name is optional, but US companies have the option of signing on as a corporate plaintiff.

“This is truly the ‘People’s Suit’” Irion says. It’s their name on the complaint. America is suing the President, Pelosi, Reid and the Federal government, saying that the Obamacare legislation is wrong. It is unconstitutional and must be overturned.”

The complaint was filed in Federal Court, Eastern District of Tennessee, Chattanooga, on April 8, case file number 1:10cv-71. The amended complaint adding over 25,000 Americans was filed July 19, along with the motion for preliminary injunction. For more information about Van Irion, visit Van4Congress or Law Office of Van R Irion PLLC.

[EdReform]

Latest OCA update

---

Date:	Monday, July 19, 2010 11:34 AM
From:	Van Irion <van@van4congress.org>
To:	********
Subject:	Amended Complaint and Motion for Preliminary Injunction Filed today!
7/19/10 Ed, The amended Complaint and Motion for Preliminary Injunction has been filed! Please read this entire email for important information. Here's a portion of the press release: More than 25,000 Americans file Federal Court Motion to Halt Obamacare, Chattanooga, TN July 19, 2010 More than 25,000 Americans are named as individual plaintiffs in a lawsuit against the Patient Protection and Affordable Care Act (PPACA), filed today in Federal Court by TN attorney and Congressional Candidate Van Irion. Mr. Irion also filed a motion for preliminary injunction requesting a court order to halt the enforcement of all aspects of the PPACA, also known as Obamacare. The suit challenges Obamacare on the basis that Congress is not authorized by the Constitution to regulate health care. Mr. Irion is asking the courts to re-evaluate the 68 year-old Commerce clause precedent, arguing that the precedent in effect destroys the intent of the Constitution and specifically violates the 10th Amendment. Mr. Irion says in the motion for Preliminary Injunction, “The fact that the error perpetrated against America in Wickard has fundamentally changed the way our government operates, should not be used as an excuse to continue the error.” Continued here... You can download a copy of the amended complaint HERE and the preliminary injunction motion HERE. The case status as well as the counts on the map are being updated at www.obamacareclassaction.com where you originally joined this action. The final number of plaintiffs was 25491. We had numerous invalid email addresses and requests to be removed from the suit. Also, in any instance where we were unsure of the information, the name was removed. Given the nature of the action, we had to err on the side of removing names rather than add someone who did not want to be added. Also, it is absolutely required that I have a valid email address for every plaintiff in order to communicate about the lawsuit. These logistical issues are why we are now requiring a small fee to join the lawsuit so we can be sure people truly want to be part of this action. I will be filling a motion to join additional plaintiffs before the preliminary injunction is heard, so we still have the opportunity to increase our numbers. Any US citizen can still join by clicking HERE. As soon as the preliminary injunction hearing date is known, everyone will be noticed and that will set the "join by" date for the joinder motion. You do not have to appear for any court hearing, but if you can be there it would have a great impact on the judge hearing the case. I will give you as much notice of hearing dates as I can. Many aspects of Obamacare are already going into effect, particularly affecting Tanning Salons. It is important that we move forward as quickly as we can to minimize the damage caused by this unconstitutional DC power grab. It is critically important that we stand together and keep up the fight. In Liberty, Van van@van4congress.org

[Ingtar]

I’m one.

[Man50D]

I’m another.

[EdReform]

Ping

Obamacare Class Action Lawsuit (www.obamacareclassaction.com)

"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".

OVER 10,000 AMERICANS JOIN LAWSUIT AGAINST OBAMACARE

Previous updates posted at the following links:

http://www.freerepublic.com/focus/f-bloggers/2496593/posts?page=143#143

http://www.freerepublic.com/focus/f-bloggers/2496593/posts?page=125#125

[EdReform]

Great! I’m on board, too. I know of a few other FReepers who have joined.

[Defiant]

I just read the complaint. It's not very well written and the causes of action are not recognized claims that can be sustained by a court, e.g., abuse of authority. You need to structure it as a violation of some law or constitutional right with reference to what the health care law does and what rights are violated. I agree that the bill is unconstitutional; it needs to be attacked a little better. This has little chance, it is like a high school civics version of why the bill is bad, and the federal courts are the big leagues. Gotta make it airtight, and then when they slap you down in the lower courts, you have the record ready for the Supremes.

I may look into how it could be structured, and if I do, I will let Freepers know if I decide to file anything.

[piroque]

I’m another.,,, DITTO

[Windflier]

I’m on the complaint, too.

[EdReform]

Thanks for your comments on the OCA.

I have no legal expertise of any kind, but I am looking for a way to go on record against Obamacare. Van’s suit seems to be the only option available to the common man, so that’s why I joined. If at some point you will file a class action suit against Obamacare, please let me know.

I also sent you some additional OCA information for your analysis via FReep mail. I look forward to hearing from you.

[phockthis]

How about my right to privacy..

I never signed away my right to privacy between me and my doctor...

[ForGod'sSake]

Thanks EdReform!

A ping for those following along. The amended odingacare class action suit including the 30,000+ plaintiffs has been filed.

[wintertime]

So?...Why won’t this be thrown out due to “no standing”?

[BCrago66]

As a matter of strategery, this suit isn’t brilliant.

First, the 13 State Attorney Generals, plus the folks at the Thomas More law Center, filed suit months ago, and they have more & better brain power at their disposal.

Second, the State suits solve a standing problem that exists when only individuals are listed as plaintiffs; States have standing when the federal law conflicts with State law, but for individuals, standing requires actual or imminent harm, which typically doesn’t exist before a law is actually implemented.

Finally, this case might have helped as a device to get a preview of the government’s case, to be attacked in subsequent lawsuits; however, this TN case is late in the game. The other suits were filed months ago, including the Thomas More Center one, filed moments after passage of Obamacare.

So it’s a waste of resources - but otherwise, no harm done, I guess.

[Publius6961]

Why only 25,000 I wonder?

Is that the total number of American citizens who are actually aware, engaged and informed enough to see why the law is oppresive and, more importantly, cannot possibly work and would collapse under its "all-things-to-all-people" financial cost?

There are limits to everything, including taxes.

[meyer]

Is that the total number of American citizens who are actually aware, engaged and informed enough to see why the law is oppresive and, more importantly, cannot possibly work and would collapse under its "all-things-to-all-people" financial cost?

No, I think that's the total number of American citizens who are actually aware of this legal action, and are aware of the oppressive nature of this law. Van Irion, the man spearheading this action, is a local man. He's also running for the Third congressional district in Tennessee, and has already earned my support.

I wish this had gotten more national attention.

[meyer]

I may look into how it could be structured, and if I do, I will let Freepers know if I decide to file anything.

Better yet, drop Van an email and give him some pointers. Not being a smart-aleck. It's an important-enough issue that any help given would be worthwhile.

Van's running a campaign right now, and he's got a lot on his plate. Perhaps too much at this time.

[Robert A Cook PE]

Thank you.

But will the lawyers listen to (valid) criticism?

[BCrago66]

OK I just looked at the complaint, here.

(Scroll to the end, past the 25K plaintiffs.)

My statement earlier in this thread that "the 13 State Attorney Generals, plus the folks at the Thomas More law Center...have more & better brain power at their disposal" - was the understatement of the century, and you don't need to be a legal eagle to figure that out.

Just read the complaint and see for yourself.

This is a CRACKPOT LAWSUIT BY A LEGAL ILLITERATE.

1) The suit names as defendants - in their individual capacities(!) - Nancy Pelosi & Harry Reid. This is mega-stupid. Congress can pass any crap they want, and they enjoy legislative immunity. Plus, you file suit to enjoin the law, which means you name as defendants officers of the executive branch who implement it, e.g., Obama and the Secretary of HHS. Pelosi and Reid at this point are irrelevant to the implementation of the law.

2) As mentioned above, the suit does not list recognized causes of action. You can pull this crap if your filing pro se - and the judge will bend over backwards to try to figure it out - but not if you're representing others.

3) The suit asks for money damages. Crazy. Before the law is implemented? By what method can the court judge access damages among a zillion plaintiffs, in a suit that asks that the law never be implemented? This is not the kind of case in which a minimally competent lawyer asks for money damages, which means the class-action thing is not bright.

The Dept. of Justice will assign their most junior lawyer to this one, and about 5 minutes after getting the motion to dismiss, the judge will order: GRANTED.

And the lawyer filing this will likely find himself dinged with a Rule 11 violation, but he won't mind, because he won't know what that is.

For those interested, here's what actual Obamacare legal complaints look like:

1) From the 13 States

2) Thomas More Law Center

3) Commonwealth of Virginia

[bamahead]

Proud to be a part of it!



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[GOPJ]

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