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OCA in the News

More than 25,000 Americans file Federal Court Motion to Halt Obamacare

 

Chattanooga, TN – July 19, 2010

More than 25,000 Americans are named as individual plaintiffs in a lawsuit against the Patient Protection and Affordable Care Act (PPACA), filed today in Federal Court by TN attorney and Congressional Candidate Van Irion. Mr. Irion also filed a motion for preliminary injunction requesting a court order to halt the enforcement of all aspects of the PPACA, also known as Obamacare. The suit challenges Obamacare on the basis that Congress is not authorized by the Constitution to regulate health care. Mr. Irion is asking the courts to re-evaluate the 68 year-old Commerce clause precedent, arguing that the precedent in effect destroys the intent of the Constitution and specifically violates the 10th Amendment. Mr. Irion says in the motion for Preliminary Injunction, “The fact that the error perpetrated against America in Wickard has fundamentally changed the way our government operates, should not be used as an excuse to continue the error.”

The case was originally filed with one named plaintiff, Anthony Shreeve, on April 8,2010. Since that time, over 25,000 Americans from all 50 states learned of the suit and asked to join. The latest filings amend the complaint to include the individuals and businesses that have contacted Irion to request that they be joined as co-plaintiffs in the lawsuit. Also included in the latest filings is a motion for a preliminary injunction. If granted, the motion would result in a court order from the Federal Court in Chattanooga prohibiting the Federal government from enforcing Obamacare, pending the outcome of the lawsuit.

Irion’s filed lawsuit is the first suit to allow any US citizen or business to join as a plaintiff and is the only suit to directly attack the legal precedent of the Commerce clause and therefore the Constitutionality of Obamacare. Irion has been interviewed on both Greta Van Susteren’s “On the Record with Greta Van Susteren”, and Judge Andrew Napolitano’s “Freedom Watch.”

“The lawsuit quickly became so popular among grassroots movements, that we set up a website to take plaintiff information and allow people to follow the progress of the case,” said Irion. The suit has been dubbed Obamacare Class Action, or “OCA”, and can be found at http://www.libertylegalfoundation.org/obamacare-class-action/. Individuals and businesses can join by filling out a form that captures name, address and email address. Phone number and company name is optional, but US companies have the option of signing on as a corporate plaintiff.

“This is truly the ‘People’s Suit’” Irion says. It’s their name on the complaint. America is suing the President, Pelosi, Reid and the Federal government, saying that the Obamacare legislation is wrong. It is unconstitutional and must be overturned.”

The complaint was filed in Federal Court, Eastern District of Tennessee, Chattanooga, on April 8, case file number 1:10cv-71. The amended complaint adding over 25,000 Americans was filed July 19, along with the motion for preliminary injunction. For more information about Van Irion, visit libertylegalfoundation.org.

Van Irion supporters see this win as further evidence that Irion is the front runner to fill the seat left vacant by Zach Wamp. With many endorsements by local Republican insiders, Irion has also received support by other candidates for the 3rd Congressional seat. Steve Gill, a conservative talk radio host based in Nashville along with Red State, the leading conservative news blog and Cosmopolitan Conservative have called it a three-way race between Van, Chuck, and Robin. Van Irion supporters believe this poll proves that Irion is the people’s choice.

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Lawsuit Challenges Obamacare

April 26, 2010, Freedom Watch with Judge Andrew Napolitano

Health Care Reform Lawsuit On Behalf of the People April 19, 2010, On the Record with Greta Van Susteren

Candidate Irion To File Federal Lawsuit Against “Obamacare”

April 8, 2010, chattanoogan.com

Van Irion, an attorney and candidate for the 3rd Congressional District of Tennessee said he will file a constitutional challenge to the “Patient Protection and Affordable Care Act” today.

He said he planned to file the lawsuit at 2 p.m. at the United States District Court in Chattanooga.

Attorney Irion said he considered taking the action after his trip to Nashville last month to support the Health Care Freedom Act and other bills proposed “to protect Tennessean’s against Obamacare.”

He said, “It became evident to me that the attorney general was unlikely to take action. Tuesday’s announcement simply confirmed what I suspected.”The attorney general’s analysis misses the point. Mr. Cooper bases his conclusion about the constitutionality of the Tennessee state bills on the assumption that the Patient Protection and Affordable Care Act is per se constitutional. That is the very issue at stake here.

“Is the PPACA constitutional or not? If not, then states have every right to defend themselves from its enforcement.”

He said his suit will be challenging the constitutionality of the “Patient Protection and Affordable Care Act” on behalf of one lead citizen of Tennessee. He said that individuals and companies wishing to join the suit as plaintiffs to create a class action “against Obamacare” can contact him personally at van@libertylegalfoundation.org.

To join the suit – go to http://www.libertylegalfoundation.org/obamacare-class-action/

March 24, 2010, TNReport TV.com

Van Irion, a Republican candidate for the 3rd Congressional district, called the federal health care package “unconstitutional” and said Tennessee state officials need to fight it.

Permanent link to this article: http://libertylegalfoundation.org/obamacare-class-action/news/