Wednesday, January 19, 2011

Ineligible prez cited as reason to kill Obamacare

Ineligible prez cited as reason to kill Obamacare

According to Terry Hurlbut of the Examiner, who has been writing about the progress of the case ever since its filing a few months back, the latest move is a pre-emptive defense filed by the plaintiffs in expectation that the government will ask for the case to be dismissed.

The case cites 16 alleged violations of the Constitution, or the nation's law, including multiple sections of Article I, Article 2, Amendments 1, 4, 5, 13, 14 and 16, and violations of a long list of other laws.

"The material facts herein demonstrate the Healthcare Reform Act not only illegally and unconstitutionally expands government, in an attempt by a majority party to take control of one-sixth of the U.S. economy, but an intentional fraudulent scheme was concocted by those in the legislature to intentionally circumvent the Constitution and Amendments," the case states.

According to Hurlbut, the latest filing was over the weekend, when the plaintiffs reminded Judge Freda L. Wolfson that a dismissal of the case was appropriate "only if all the specific facts which plaintiff ... alleges collectively fail to state a prima facie case for jurisdiction."

Purpura told WND that the defense was filed even before the expected government motion to dismiss because the judge scheduled the government's brief to be due Jan. 17, on Martin Luther King Day, a federal holiday, and she's scheduled to announce her decision the next day, allowing no time for the plaintiffs to respond.

The case has attracted some of the same attorneys for the government who also are defending Obamacare in lawsuits brought by the state of Virginia, a series of plaintiffs in Michigan and a long list of states cooperating on a lawsuit in Florida. In those cases, two judges have concluded that Obamacare is constitutional and another has said it is not. All are heading to the appellate level.

Hurlbut told WND that the case has advanced to this point even though the federal government, which declined to respond to a WND request for comment, has not responded to any of the deadlines that ordinarily would apply in a lawsuit so far.

"The case is hanging right now because you've got defendants who have never filed a responsive pleading in this matter," he said.

Corruption continues in the courts.

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