Are you as frustrated about politics as I am?
Well, there’s something we can actually do about it, other than gripe or go to TEA Party rallies. We can join a class action lawsuit against ObamaCare!
FreeRepublic.com’s Whenifhow reports that last Tuesday, April 13, 2010, a constitutional attorney and candidate for the 3rd Congressional District of Tennessee filed a class action lawsuit challenging the constitutionality of ObamaCare at the U.S. District Court in Chattanooga, TN. His name is Van Irion.
Irion said he decided to take this step because Tennessee’s attorney general was unwilling to take action. Irion’s law suit will challenge the constitutionality of the Patient Protection and Affordable Care Act — better known as ObamaCare — on behalf of the citizens of Tennessee.
Irion is inviting individuals, companies, and groups who wish to join the class action suit as plaintiffs. You don’t have to be a Tennessean; you just need to be a U.S. citizen. Here’s how to contact Mr. Irion:
- By e-mail at firstname.lastname@example.org
- Go to the Van Irion’s class action website, HERE.
- Or call his campaign manager, Tony Shreeve:
- H: 865-940-1119
- C: 423-258-3700
I just signed up to join. As of Monday, April 19, 2010, 5:30 pm (west coast), 10,744 concerned Americans have joined this class action lawsuit!
To read the Official Complaint filed by Van Irion in the United States District Court, Eastern District of Tennessee, CLICK HERE.
A. Any US citizen or company can join as a plaintiff to the action by filling out the form HERE.
Q. Will it cost me anything to join the class action against Obamacare?
A. No, Attorney Van Irion is litigating the case pro bono and is covering the court costs personally.
Q. What happens next in the case?
A. The complaint will be amended to add all of the co-plaintiffs that have volunteered to join. The amended complaint will then be served on the defendants and they will be required to answer. They may do so by filing a counter motion or by filing an “Answer” to the claims in the complaint.
Q. What specifically is the case challenging?
A. Three claims are made in the complaint:
1. Abuse of Authority – The actions of the Defendants are not within the scope of authority granted them by the U.S. Constitution. 2. Violation of 10th Amendment – The actions of the Defendants violate the explicit limitations in the 10th Amendment to the U.S. Constitution. 3. Breach of Oath of Office – The actions of the Defendants represent a breach of the Defendants’ duties contained within their oaths of office to protect and defend the U.S. Constitution.
Q. Are there other attorneys on the case?
A. Several constitutional attorneys have offered their assistance pro bono for this case. We have a well skilled team to make this challenge.
Q. How is this case different from the other lawsuits filed against Obamacare?
A. This case has unique causes of action, as outlined above, that directly challenge the erroneous “Commerce Clause” and “General Welfare Clause” precedents of the Supreme Court. The interpretation of past courts have essentially rendered moot any limitations on the Federal government established in the Constitution.
The Commerce clause argument and the 10th Amendment argument were intended to be complimentary, just like those two parts of the Constitution are complimentary. They are opposite sides of the same coin. The argument is also about Canons of Legal Interpretation: Any interpretation of a single clause that negates the overall purpose of a law, contract, or other document, must be wrong. Such a clause can be included to create exceptions to an overall rule, but in those cases, the clause must be very clear about its limitations in reference to the overall purpose of the document. The scope of such exceptions must be clear and the courts must interpret them as narrowly as possible. The actions of Congress over the past 70 years have become the illustration that the “Commerce Clause” and the “General Welfare Clause” were misinterpreted as many years ago.