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Friday, November 18, 2011

SCOTUS Adds Tea Party Challenge To Obamacare Review

Wednesday, November 16, 2011 at 11:52AM
Bayshore Tea Party Bayshore
Will Hear "Tea Party Challenge" From Two NJ Plaintiffs
The United States Supreme Court has agreed to hear several challenges  to Obamacare ("The Patient Protection and Affordable Care Act") in addition to the three major cases already scheduled.  As reported in the Essex County Conservative Examiner story Miracle on 34th Street these are Florida ex rel. Bondi et al. v. HHS et al and Purpura v. Sebelius.  The latter case, Supreme Court Docket Number 11-7275, was brought by two New Jersey citizens, Nicholas E. Purpura of Wall Township and Donald R. Laster Jr of West Long Branch.  It covers an exceptionally wide range of issues, including whether President Obama is in fact qualified by his citizenship to hold that office.  They list the topics in their press release (included below).
Neither Nicholas Purpura nor Donald Laster are attorneys; neither represents anyone but himself.  Their challenge was originally filed in New Jersey District Court and dismissed, largely on the grounds of standing.  That SCOTUS would consider an appeal of the dismissal of such a suit seems extraordinary.  No date has been set for arguments in their case, and if Obamacare were to be struck down on the basis of the three major cases that the Court has joined into one, it is possible that the case would be dismissed as no longer relevant in spite of the larger issues that it raises.  It is also possible that the Court might direct the Plaintiffs to limit their argument to certain points, indicating that the others will not be considered.  Still, even the possibility of actual argument on the many points involved is an extraordinary victory for Constitutional conservatives and the Tea Party movement.
The three major cases which the Court has agreed to hear are NFIB v. Sebelius, Florida v. HHS, and HHS v. Florida.  ("NFIB" is the National Federation of Independent Business.  "HHS" is the US Department of Health and Human Services, of which Kathleen Sebelius is Secretary.)  National Review reports the following:
  • The combined cases will probably be heard in March with a decision probably rendered by June.
  • The Court had five cases to choose from, and selected these three, covering four issues: the individual mandate, the severability of the mandate, the expansion of Medicaid, and whether the courts have jurisdiction over this law before any monies are levied from individual citizens under it.
  • The oral arguments are scheduled for five and one half hours, an extraordinarily long argument time.
Problems are constantly turning up in Obamacare, which was rushed through Congress without adequate review in gross disregard of the standard legislative process.  The latest problem is that states that refuse to cooperate with the law can block many of its provisions.  Before that five million dollars was spent on a part of the law that is now considered unimplementableOther problems pop up practically every week.
Press Release by Purpura and Laster, 11/15/2011
The Tea Party is alive and well, and the legal petition now before our Supreme Court is just the beginning — we must and will take back our country and restore the Constitution — Both parties in Congress have failed us!
It's time for all of them to be replaced if they cannot adhere to the Constitution. "We the People" must stand together and do our duty. There cannot be any compromise, any party loyalty! That's what put us in this mess in the first place. Only those that will adhere to our laws deserve to serve us as representatives. If they violate the Supreme law of the land, they are guilty of "high crimes and misdemeanors' and must be removed from public office. I'll leave you with the words of General Douglas MacArthur ; "Duty, Honor and Country".
God Bless America
Nick and Don.
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"For immediate release "
The Supreme Court has docketed the case Purpura v , Sebelius as docket  case number 11-7275. This case can restore the Constitution to its original intent.  Unlike the other cases this case identified 19 specific violations of the US Constitution and how the harm of each violations effect each and every person specifically.  Real imminent harm that will and is occurring.
The problem with all the other cases related to the health care law is that they only address a limited number of violations.  And even then many of the arguments are not fully addressed.  The common item is the violation of the Commerce Clause  and Amendment 10For instance the case Florida ex rel. Bondi et al. v. HHS et al. focus on the Individual Mandate but failed to address the side effects of the Individual Mandate.   For instance, if the Government can order someone to buy a product what else can be ordered.  Is this regulating commerce or is it dictating commerce?  Isn't this also the very essence of involuntary servitude?   Who, after all, would buy health-care insurance in advance if all they need do is wait until they get sick and then apply?  
But what about all of the other provisions in the law to insure the Individual Mandate is obeyed?  To fail to hear Purpura v. Sebelius would clearly deprive the American people of a "fair and full" hearing on the constitutionality of the law.   Just recently the HHS has started to implement the requirements to collect medical records on everyone.   But doesn't Amendment 4 state “... to be secure in their persons, housings, papers, and effects, ...”?  So how can law give the government the privilege to invade a person's privacy without any just cause?  But this is just one of the 19 violations.
As with many laws one must look at the whole law and what it does.  Purpura v. Sebelius cites with specificity and particularity throughout the 15 Counts of the Petition 19 specific violations of the U.S. Constitution.  Violations that range from the origination of the law in the Senate, to its signing by a person who has admitted he is not eligible to sign bills into law.  Shocked?  Examine the eligibility requirements to be President and then compare that to Mr. Obama's statements about his parentage.
Even our right to not have our life, liberty and property seized without at least some due process is violated by this law – yes Amendment 5 is out the window.  And don't expect to go to Court to challenge the government.  The law prohibits judicial review.  Our Courts and Judges are made powerless to protect the common man.  The men and women who are supposed to protect us against an overreaching government have been made into powerless figure heads.  Rubber stamps to the over reaching dictates of the faceless bureaucrat.
The Petitioners submitted a Motion to Expedite for Extraordinary Circumstance as allowed by Supreme Court Rule 21.  Surely, following the Courts review of Purpura v. Sebelius the inadequacy of the Florida ex rel. Bondi et al. v. HHS et al. and the other cases will become evident. Especially since, Petitioners proved the violations by citing provisions in the law that clearly violate Amendments 1, 4, 5, 8, 10, 13, 14, and 16.  Also identified are violations of various provisions of Articles 1, 2, 4, and 6.  This law even violates the Posse Comitatus Law, Title VII of the Civil Rights Law, HIPAA, and the Anti-Trust Laws which were intended to protect us from invasive and dictatorial government power.
To ignore these violations would clearly be a violation of the Supreme Court's fiduciary duty and responsibility to protect the Constitution, the rule of law and the people.   In all fairness to the Supreme Court it is understandable it was unable to consider the Petition within the one-day window prior to giving the Defendants an opportunity to reply.  Even considering that the opposition has failed to respond as required numerous times in the Circuit and District Courts.  The Supreme Court now has a Petition before it with irrefutable evidence that changes the dynamics.  I can only pray that after reading the Government's response, if one is presented, our Supreme Court will hear this case.  Of course the Government may decide to gamble and not reply – after all they have no defense or they would have presented one in the District Court. I can only pray the Supreme Court recognized the importance of this case and elects to hear the case.
Considering the issues put before the Court, the Court can issue a sua sponte order opting to choose Purpura v. Sebelius as the lead Petition for the challenges to the law.   This would result in each of the violations identified being addressed and putting the country back on the road to real rule of law under the U.S. Constitution.
Of the utmost importance for the Republic, each Constitutional challenge submitted by Purpura v. Sebelius must be addressed to set a precedent to protect the Petitioners and all Americans against the violations contained in the law and Congress' refusal to adhere to the U.S. Constitution.   Since when can our Republic, which is instituted by a written Constitution, create a law, to name just a few items, that eliminates judicial review (Amendment 5), allow real warrantless searches (Amendment 4), create excessive fines (Amendment 8), give special privileges to religious sects (Amendment 1), impose unequal treatment (Amendment 14), and violating existing laws without repealing them?
I can only pray the people of the United States let their Representatives know about Purpura v, Sebelius (Supreme Court Docket Case No. 11-7275), as well as every person, newspaper and media outlet in the Nation, respectfully requesting that they do all in their power to have this Petition heard in its entirety.  I ask for a “Miracle of 34th Street (1947)”.   Respectfully ask the Supreme Court to address the "We the Peoples" case.
Petitioner

Article originally appeared on Bayshore Tea Party (http://www.bayshoreteaparty.org/).
See website for complete article licensing information.

1 comment:

admin said...

Obamacare may be over http://tinyurl.com/6qw5u49 if grassroots like this keep going.

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