VOL. 16 ISSUE NO. 49   | DECEMBER 8 – 14, 2010


Dismissal of one Obamacare complaint good news for another

‘This reasoning would allow Congress to order all Americans to buy a car, join a health club, eat certain food, take certain vitamins, etc.’

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CHATTENOOGA, Tenn. – On Nov. 4, U.S. District Court Chief Judge Curtis L. Collier, a Clinton appointee, dismissed a complaint challenging the Patient Protection and Affordable Care Act of 2010, otherwise known as Obamacare, filed by Tennessee Attorney Van Irion on behalf of approximately 25,000 plaintiffs.

However, last week, when another Clinton appointee, U.S. District Court Judge Norman K. Moon, for the Western District of Virginia, issued a 54-page opinion dismissing a challenge filed by Liberty University against Obamacare, Irion proclaimed the ruling good news, stating, “It’s good news because it confirms what we have been saying for months: that current Supreme Court precedent is absurd and must be overturned.”

Irion stated it is good news because the Virginia judge was simply following post 1942 Supreme Court precedent, which he says misinterpreted the commerce clause.

van irion“That precedent is what our Obamacare Class Action (OCA) lawsuit is attacking,” said Irion, explaining how the OCA, unlike all the other lawsuits against Obamacare, begins by acknowledging Congress has authority to pass Obamacare under current precedent.

He said the goal of the OCA lawsuit is to demonstrate that current precedent must be overturned because it does not reflect the clear meaning of the Constitution and noted, “We do this by pointing to the fact that Obamacare may be found constitutional under current precedent. The Virginia court’s ruling proves this point for us.”

By pointing to this “ridiculous outcome,” Irion said, “We demonstrate to the Supreme Court that its own past rulings are far outside the clear meaning of the Constitution. This is what we must show the Supreme Court if we are to convince it to reverse well-established precedent.”

In other words, Irion said, “We’ve been arguing all along that current precedent leaves absolutely zero limitations on congressional authority.” And, he said, “Zero limitations on Congress are ludicrous results of precedent when you understand that the Constitution was written for the specific purpose of limiting congressional authority.”

To explain just how absurd the results of Moon’s ruling are, Irion said, “This ruling essentially confirms that Congress can order any American to perform any act as long as Congress can make the argument that Americans not performing the act will negatively affect the national economy. This reasoning would allow Congress to order all Americans to buy a car, join a health club, eat certain food, take certain vitamins, etc. Understand what I’m saying, Congress has no limitations on its authority under this ruling. This ruling essentially makes every American a slave to the whims of Congress.”

Because that is exactly what our Constitution was intended to prevent, Irion said the Virginia court’s ruling proves the need to reverse the 68-year-old Supreme Court precedent, which he stated is the mission of Liberty Legal Foundation and that the OCA is the means to do it.

However, he stated, “We need the force of numbers on our side. Those sitting on the sidelines hoping Obamacare will be overturned need to get in the fight and make it happen.”

As of last week, after only a small percentage of plaintiffs had submitted individual statements of harm, the anticipated economic loss to OCA plaintiffs was close to $1 million.

Liberty Legal Foundation is a non-profit corporation that relies entirely on donations to continue its fight to restore constitutional limits on government and overturn flawed court precedent.

Visit www.libertylegalfoundation.com to learn more about the OCA, make a donation and/or join the class action.

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