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Bill Bucko

JOIN the CLASS ACTION LAWSUIT against Obamacare!

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From http://www.foxnews.com/politics/2010/04/13...test=latestnews :

Citizens Opposed to Health Care Law Join Lawsuit Against Democratic Leaders

By Lauren Miller

- FOXNews.com

Tennessee attorney Van Irion, a Republican candidate for Congress, filed the complaint Thursday in Eastern Tennessee’s Federal District Court. Irion allows concerned citizens to join the lawsuit through a form on his Web site.

More than 1500 Americans have joined a lawsuit against President Obama, House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid that challenges the constitutionality of the entire health care law. While several lawsuits are pending against the health care law, this lawsuit may be the only one taking broad aim at the law's constitutionality. ...

Eighteen state attorneys general and other individuals have filed suits that attack only the specifics of the health care law.
This is an attack on the law's very foundation, claiming that nothing in the Constitution grants the federal government authority to regulate health care. Therefore the plaintiffs claim the law violates the 10th Amendment that reserves powers not granted to the national government to the states.

The complaint claims that the high-profile Democratic defendants abused their power and violated their oaths of office. The suit claims they failed to uphold and defend the Constitution by supporting legislation the plaintiffs say is unconstitutional. The plaintiffs argue the defendants violated their constitutional rights, and they are seeking “injunctive relief, declaratory relief,” and “damages to redress and remedy of the violations” to prevent “irreparable harm and future violations” of their rights and the rights of others."
[emphasis added]

The FoxNews article does not contain a link to Mr Irion's website. A Google search took me to http://tennessee.tenthamendmentcenter.com/...e-in-tennessee/ :

"He says that individuals and companies wishing to join the suit as plaintiffs to create a class action against Obamacare can contact him personally at van@van4congress.org.

Van Irion is a patent attorney, and a Republican Candidate for Tennessee's 3rd Congressional District Visit his website at www.van4congress.org."

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From Mr Irion's site:

"My core philosophy is that our founders got it right more than 200 years ago when they established the Constitution to protect our God given rights by limiting government. They understood that “government, even in its best state, is but a necessary evil; in its worst state an intolerable one.” (Thomas Paine) Unfortunately, the Federal government has repeatedly involved itself in issues in which it has no Constitutional authority and has become intolerable."

"The Obamacare Class Action now has its own website. Please go to
for more information and to join the suit."

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Signing up takes only a minute. Already more than 3000 citizens have joined!

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Mr. Irion's FAQ, from http://www.obamacareclassaction.com/faq.php :

Frequently Asked Questions

Q. Can anyone join the class action against Obamacare?

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.

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Thanks, Bill. I've signed on. Do you happen to know if the Institute for Justice has done anything along these lines? We need the strongest possible presentation of the case and they've argued and filed briefs at the Supreme Court.

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Currently 9553 have joined the lawsuit.

Van Irion, congressional candidate for Tennessee who initiated the lawsuit, is scheduled to appear on Fox News this Monday evening, on the Greta van Susteren show.

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Currently 24,870 have joined. SIGN UP NOW!

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Currently 24,870 have joined. SIGN UP NOW!
I just signed up. Fortunately I still have a mailing address in Arizona.

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