Sunday, February 26, 2012

Obamacare Class Action Case Status

 Liberty Legal Foundation is a non-profit organization registered in the state of Tennessee.
http://libertylegalfoundation.org/ 

2/8/12 – Liberty Legal Foundation files Amicus Brief with the U.S. Supreme Court in support of Respondents. Please download and read the brief HERE. Our argument shows that Congress does not have Constitutional authority to regulate healthcare and therefore all of Obamacare should be declared unconstitutional.
January, 2012 – Liberty Legal Foundation prepares Amicus Brief on behalf of State of Florida et al, making the argument that the only logical course of action to right the wrong that is Obamacare is to overturn the Wickard v. Filburn decision which grants unfettered authority to Congress. The brief will be posted here as soon as it is complete.
12/22/11 – AARP files Amicus Brief on behalf of U.S. Department of Health and Human Services, et al to have Obamacare UPHELD. AARP is not on our side.
10/19/11 – Obama Administration responds with MOTION and BRIEF IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT OR ALTERNATIVELY A STATEMENT PURSUANT TO 28 U.S.C. § 1292(b). Download and read Defendants’ response HERE.
9/28/11 – Liberty Legal Foundation files Motion for Partial Summary Judgement to have Obamacare ruled UNCONSTITUTIONAL. Read Plaintiffs’ Brief in Support of Motion for Partial Summary Judgment HERE. Read our blog post about this filing HERE.
5/31/11 – Defendants file motion to dismiss. Link to read the Memorandum in Support of Defendants’ Motion to Dismiss or the link to read the Defendants’ Motion to Dismiss.
3/30/11-4/6/11 – Defendants received a copy of the complaint with Summons. Note the date on Obama’s Certified Mail Receipt – 5/7/11. He was actually served on 4/4/11 (search http://www.usps.com/ for receipt number 71969011793046017410). Eric Holder’s return receipt was also date stamped incorrectly. We know the Obama Administration is willing to forge at least one official document.  3/9 11 – Judge Cummings approves case to move forward with Van Irion as Pro Hac Vice counsel.
2/24/11 – Lubbock attorney Robert Hogan joins Liberty Legal Foundation as local counsel.
2/11/11 – Obamacare Class Action filed in the U.S. District Court, Northern District of Texas with Judge Sam R. Cummings. Click here to download the Complaint.
Background of the Case: The Obamacare Class Action was originally filed in the Eastern District of Tennessee with Judge Carter on 4/8/10. Liberty Legal Foundation filed a motion for preliminary injunction to halt the enforcement of Obamacare. The U.S. Department of Justice filed a motion to dismiss. Without holding one hearing on either matter, Judge Carter dismissed the entire case on 11/4/10 holding that none of the more than 25,000 named plaintiffs had standing to challenge Obamacare. Copies of all briefings are available for download below.
On 11/16/10 Liberty Legal Foundation announced that the case would be re-filed in another Federal District Court so that the critical arguments regarding unconstitutional Commerce Clause precedent be addressed, as they are not being addressed in any other lawsuit concerning Obamacare. The search began for a Federal Court with the reputation of impartiality to the parties involved and a record of following the Constitution in their rulings. The entire countries’ docket of Judges was literally searched. What little information on their background and any available opinions were analyzed. Judges are very careful to avoid expressing their personal opinions and they were not a consideration in deciding where to file.
About Judge Cummings: For those who have practiced in his court he has a reputation of being a “straight shooter”. His official bio is:
Birth: 1944
Year Service Began: 1987
Appointed by: President Ronald Reagan
Education: Texas Tech University 1967 BBA with high honors; Baylor University School of Law 1970 JD, cum laude
Legal Practice: Partner – Culton, Morgan, Britain & White, Amarillo 1970-1987
Current Memberships: State Bar of Texas and Texas Bar Foundation
Professional: Board Certified in Civil Trial Law, Texas Board of Legal Specialization
About Local Counsel Robert Hogan: Liberty Legal Foundation is honored to have the assistance of Robert Hogan on the Obamacare Class Action.  He has worked pro bono for Alliance Defense Fund and is one of the rare attorneys withe integrity and respect for the law. you can read more about Mr. Hogan at his website – http://www.lubbockinjurylaw.com
Filings in the Eastern District of Tennessee:
11/4/10 – Order granting and memo regarding Defendants’ motion to dismiss. Case dismissed without discussion of the merits, allowing Plaintiffs to refile in another jurisdiction.
10/19/10 – Plaintiffs’ Response To Defendants’ Notice Of Supplemental Authority. You can download and read the reply HERE.
10/14/10 – Defendants’ Notice Of Supplemental Authority. You can download and read the reply HERE.
10/7/10 – Thomas More et al Opinion. You can download and read the reply HERE.
9/24/10 – Defendants’ Reply In Support Of Defendants’ Motion To Dismiss. You can download and read the reply HERE.
9/17/10 – Plaintiffs’ reply to Defendants’ motion to dismiss filed. You can download and read the reply HERE.
9/2/10 – Plaintiffs’ reply to Defendants’ opposition to Plaintiffs’ motion for preliminary injunction filed. You can download and read the reply HERE.
8/30/10 – Obama, Pelosi, Reid, and the United States have responded by filing a motion to dismiss. You can download and read the response HERE.
8/16/10 -Amended Complaint and Motion for Preliminary Injunction service finally accepted by Barack Obama by mail.
7/28/10 – Amended Complaint and Motion for Preliminary Injunction personally served to Nancy Pelosi, Harry Reid and the U.S. Department of Justice.
7/19/10 – Amended Complaint and Motion for Preliminary Injunction has been filed. You can download a copy of the complaint HERE and download the preliminary injunction motion HERE.
6/17/10 – Drafting a Preliminary Injunction to stop the enforcement of Obamacare. Will be filed along with the amended complaint.
6/1/10 – The complaint is being amended. A copy of the amended complaint will be posted here when complete. During this time, we are still accepting plaintiffs.
4/8/10 – Complaint filed in the United States District Court, Eastern District of Tennessee
The complaint is a notice to the defendants, Barrack Obama, Nancy Pelosi, Harry Reid and the United States, of the nature of the claims. The complaint does not require or contain a full legal argument at this stage. A complete legal brief of the unconstitutionality of Obamacare will be made after the defendants answer the complaint. Shreeve v Obama et al (click to download)
What’s really in the bill? Read the PPACA Bill As Passed (click to download)

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