U.S. CITIZENS ASSOCIATION FILES NEW LAWSUIT IN U.S. DISTRICT COURT IN OHIO
by Debra Mullins
(Jun. 3, 2010) — The latest lawsuit challenging the constitutionality of the Patient Protection Affordable Care Act (PPACA) was filed in U.S. District Court for the Northern District of Ohio on May 12, 2010. The complaint was filed on behalf of the U.S. Citizens Association (USCA), an Ohio-based grassroots conservative organization with approximately 23,000 members, and five individual USCA members residing in Colorado, Missouri, New York, and Ohio.
According to the USCA’s website, it is devoted to protecting individual liberties and promoting conservative values, fiscal responsibility, and the American private enterprise economic system. It includes, as part of its mission, challenging violations of the Constitution by elected public and government officials which threaten the federal republic created by the U.S. Constitution.
The named defendants are Mr. Obama, Health and Human Services Secretary Kathleen Sebelius, Treasury Secretary Timothy Geithner, and Attorney General Eric Holder Jr. The complaint was filed on behalf of the Plaintiffs by William G. Williams of Krugliak, Wilkens, Griffiths & Dougherty in Canton, OH; Johnathan Emord of Emord & Associates in Washington D.C.; and David C. Grossack of Newton, MA.
The complaint contends the PPACA is unconstitutional on the grounds that Congress and the Executive Branch have exceeded their respective enumerated powers under Article I, Section 8 of the U.S. Constitution, the Commerce Clause. USCA believes that the PPACA denies citizens the right not to associate with an entity, including an insurance company, and is therefore a violation of the First Amendment. USCA also contends that forcing citizens to divulge confidential medical information they might not have had to disclose prior to the enactment of the PPACA may be a violation of their right to privacy under several Amendments.
The USCA also maintains the PPACA wrongfully applies the interstate commerce clause to mandate the purchase of health care insurance and that the tax penalty for failure to purchase such insurance is also unconstitutional.
The complaint asserts the USCA has standing as an association representing its members who may or may not have health insurance, including the five other Plaintiffs, all of whom currently do not have health insurance. It also states that the individuals have standing because they cannot claim an exemption under a provision contained within the PPACA and thus will be compelled to purchase health insurance or else be forced to pay tax penalties. The full complaint can be found here.
The government has 60 days in which to respond to the complaint. The Honorable Judge David D. Dowd Jr., a Reagan appointee in 1982, will preside over the case.
This is at least the fifth lawsuit challenging the constitutionality of the PPACA since it was signed into law on March 23, 2010. Reports of previously-filed lawsuits published by The Post and Email can be found here, here, here and here.
Army slams door on Obama detailsLt. Col. Lakin hearing: ‘Items pertaining to president’s credentials are not relevant’
http://www.wnd.com/index.php?fa=PAGE.view&pageId=161961
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Lakin’s response:
…But Lakin said the result “makes it impossible for me to have a fair hearing.” “I cannot even raise the issue of the president’s eligibility, on the grounds that my position has ‘no basis in law,'” he said.
The U.S. Supreme Court will probably wind up being the final say in these matters & That is just fine , however , When this does happen , It should also decide about the more important issue ( ie ) The Constitutional requirements to be ” President of The U.S.A. ” , ” OBAMA” Is not the Constitutional President , He is in no way ” A Natural born Citizen ” Even if he was born in Hawaii , His Dad was a Non U.S. Citizen , the most ” OBAMA” could be is a Native Citizen , Not Eligible to be President of the U.S.A. !!!!!!!!!!!!!!!!!
Does anybody know when these cases are going to be heard?
We need to have the courts either nip this in the bud or we need to start thinking about nullification and our 10th amendment rights.
Health Care is NOT a God given right! We only have the right to “acquire” Health Care if we want it, or have I missed an enumerated power somewhere?
There is only one suit to my knowledge the government has responded to; the VA suit brought by VA AG Cuccinelli. The DoJ filed a motion to dismiss a couple of weeks ago. The first pretrial hearing is scheduled for July 1.
http://wjz.com/wireapnewsva/Federal.judge.in.2.1731492.html
For what is worth, the judge in the case is a GWB appointee.