The Liberty Legal Foundation, involved in the lawsuit against Obamacare reported a set back in their legal bid.
“The U.S. District Court for the Eastern District of Tennessee has dismissed our case without a hearing. It ruled that over 25,000 American citizens have no right to challenge the Constitutionality of Obamacare,” Dawn Irion notified the members of the class action lawsuit in an e-mail.
The whole Obamacare law violates your personal rights under the Ninth Amendment. The government cannot force you to purchase any kind of insurance. Congressmen and their staff are exempt from this new legislation. Obama recently added teachers unions to the growing list of unions that are exempt from the legislation. That is a violation of the “equal protection” of the Fourteenth Amendment, I suspect.
The ability of the government to fine you $750 a year1 straight from your bank account without any kind of trial probably violates your Sixth Amendment rights which states:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.
…and your Seventh Amendment right:
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
It definitely violates the Eighth Amendment protection:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
With people struggling to find a new house since they lost theirs in the Federal Reserve (an organization that is unconstitutional) caused housing bubble, it is certain that they will have trouble feeding their families with what is left over after the government dips into their wallets.
“The most stunning part of this ruling was the reasoning of the court. It ignored recent rulings from other Federal District Courts in Michigan and Virginia. Those Courts both ruled that most Americans have standing to challenge the Constitutionality of Obamacare. The Tennessee court ignored their rulings and concluded that none of the 25,000 named plaintiffs could possibly prove that they are being personally injured by Obamacare. This ruling is, of course, absurd. It is also an insult to common sense, an insult to the rules of civil procedure, and an insult to the rule of law,” the email continues.
The House and Senate have introduced bills to repeal Obamacare. H.R. 4901, To repeal the Patient Protection and Affordable Care Act, was introduced by Representative Jerry Moran of Kansas for the House. Senator Jim DeMint introduced S. 3152 in the Senate. Both senators from Arizona are co-sponsors of the legislation.
To avoid excessive delays, Liberty Legal has decided not to appeal the decision of this court. They have decided to proceed to another federal court of their choosing. Because there are people from all over the United States involved in the class action suit, they can file in more friendly territory.
That is probably the right step since this suit will, no doubt, end up in the Supreme Court if one of the other lawsuits does not get there first.
1 Originally we reported it was $700 a month. It was apparently an individual mandate or a fine of $700/yr and Child mandate or a fine of $347/yr per child.
SEE ALSO: Just Do It, Bernanke: savings from Obamacare are ‘uncertain’, IRS to Gain Power From the Health Care Bill, Sue Obama for only ten dollars
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Tags: Bill of Rights, Constitution, H.R. 4901, Health Care, Obama, OpEd, Opinion, S. 3152
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