Saturday, June 05, 2010

Nationalized Health Care might just take a beating in court... and here is one current example... that the MSM is certainly not reporting.

Christian Web News
Constitution says, 'No you can't' to Fed Government

Christian Web News - The most recent legal brief in a court challenge to “Obamacare,” the presidents nationalization of health care, says the Constitution simply doesn't allow the federal government to demand a payment for not doing something....

It challenges the government's plan to force individuals to buy health-care insurance and pay for abortions, among other issues, or be penalized. The case was brought in the U.S. District Court for the Eastern District of Michigan and seeks an injunction to halt the plan.

President Obama, Human Services Secretary Kathleen Sebelius, U.S. Attorney General Eric Holder and Treasury Secretary Timothy Geithner are named as defendants in the lawsuit.

The plaintiffs argue that there's not even any dispute, in a brief in support of their request for a preliminary injunction.

"This case is about the fundamental relationship between the power of the federal government, which is limited by the Constitution, and the liberty interests of those it governs," said the brief, filed just days ago. "Defendants' explanation of the national health care problems this country is facing and the efforts by the federal government to provide solutions to them through the Health Care Reform is, at the end of the day, beside the point.

"No matter how convinced defendants may be that the challenged Health Care Reform Act is in the public interest, their political objectives can only be accomplished in according with the Constitution."

The brief said, "Defendants' arguments ultimately claim for the federal government the power to force all Americans … to engage in a commercial transaction in which they otherwise would not engage. … Defendants do not – because they cannot – refute plaintiffs' claim that if the federal government does possess such power, then it also has the power to force private citizens 'to engage in [other] affirmative acts, under penalty of law, such as taking vitamins, losing weight, joining health clubs, buying a GMC truck, or purchasing an AIG insurance policy.'"

The Thomas More Law Center and attorney David Yersushalmi launched the case as soon as Obama signed the legislation March 23. Robert Muise, Thomas More's senior trial counsel, and Yerushalmi have worked on the legal arguments.

The original complaints claims the health-care reform law enforces unprecedented governmental mandates that trample on the personal economic freedoms of Americans in violation of their constitutional rights.

It also asserts Congress had no authority under the Commerce Clause to pass the law and that Congress violated the Tenth Amendment by assuming the power reserved for the states and the people......

The battle isn't over just yet.

xtnyoda, shalomed

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