Over 10,000 Americans Join Lawsuit Against Obamacare

In a new twist on lawsuits against Obamacare, TN attorney Van Irion filed a national class action in Federal court. 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 Commerce clause precedent, arguing that current precedent in effect destroys the intent of the Constitution and specifically the 10th Amendment.

This is truly the ‘People’s Suit’. It is their name on the complaint... saying that the Obamacare legislation is wrong.

Oak Ridge, TN (PRWEB) April 19, 2010 -- Over 10,000 Americans have joined alawsuit against Obamacare. In a new twist on lawsuits against Obamacare, TN constitutional attorney and congressional candidate Van Irion filed what is shaping up to be a national class action in Federal court April 8th. The suit challenges the constitutionality of 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 legal precedent related to the Commerce clause, arguing that current precedent in effect destroys the intent of the Constitution and specifically the 10th Amendment.

The lawsuit is a unique take on legal actions against the recently passed Patient Protection and Affordable Care Act. It is the first suit that allows any US citizen 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. Greta Van Susteren, who has been following lawsuits related to Health Care Reform on her show “On the Record with Greta Van Susteren”, will interview Van Irion this week during the 10pm time slot.

“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 site name is Obamacare Class Action, or “OCA”, and can be found at http://www.obamacareclassaction.com. The form that captures the necessary information asks for name, address and email address. Phone number and company name is optional, but gives US companies the option of signing on as a corporate plaintiff. “Once the complaint is amended to include all the plaintiffs that have signed on, each name will be listed,” said Irion. “At that point, we expect to have tens of thousands of plaintiffs.”

Since filing suit on April 8th, the site has added 1,000 plaintiffs a day on average, although Irion says that rate is increasing as more people hear about the opportunity to join. “This is truly the ‘People’s Suit’. It is their name on the complaint, versus the President, Pelosi, Reid and the U.S., saying that the Obamacare legislation is wrong. It is unconstitutional and must be overturned. The chance to take this to court with a team of constitutional attorneys making the points they have been shouting for over a year is something Americans have been looking for,” said Irion. "I am one of those that have been pointing out the unconstitutionality of Obamacare and am thrilled to have the opportunity to take on this fight.”

The complaint was filed in Federal Court, Eastern District of Tennessee, Chattanooga, case file number 1:10cv-71. For more information about Van Irion, visit Van4Congress or Law Office of Van R Irion PLLC.

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The Official Complaint

Complaint filed 4/8/10 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)

Van Irion Speaks About the Obamacare Class Action Lawsuit

http://www.youtube.com/watch?v=dRnDQU830pw

Snippet of complaint:

COMPLAINT

 

Introduction

 

This is a Complaint seeking declaratory, injunctive, and monetary relief for violations of the United States Constitution and breach of duty.

 

Jurisdiction and Venue

 

1. The Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1346, and 1361. The Court has authority to grant declaratory relief pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202.

 

2. Venue is proper in this Court pursuant to 28 U.S.C. §§ 139(b)(2) and 1402.

 

1 of 7

 

Parties

 

3. Plaintiff Anthony Shreeve is a United States citizen and an adult resident of Jefferson County Tennessee.

 

4. Defendant Barack Obama is an individual currently holding the office of the President of the United States.

 

5. Defendant Harry Reid is an individual currently holding the office of the Majority Leader of the US Senate.

 

6. Defendant Nancy Pelosi is an individual currently holding the office of the Speaker of the US House of Representatives.

 

7. Defendant United States of America (hereinafter "US") is a political entity formed by and under the Constitution of the United States. Said Defendant was created for the sole purpose of serving the individual States and the people.

 

 

Facts

 

8. The purpose of the U.S. Constitution is to grant specific and limited powers to the Federal Government.

 

9. The powers granted to the Federal Government are limited by the Constitution in order to protect individual States and individual citizens from abuse of power by the Federal Government.

 

2 of 7

 

10. The 10th Amendment to the Constitution explicitly established that the Federal Government has no authority to perform any particular act, unless the Constitution explicitly grants the Federal Government authority to so act.

 

11. The purpose of the 10th Amendment is to reiterate the overall purpose of the Constitution, and to emphasize the limitations placed upon the Federal Government's authority to act.

 

12. The individual states refused to ratify the Constitution until after the first ten amendments, the Bill of Rights, including the 10th Amendment, were included in the Constitution.

 

13. All rulings by any Federal Court that leave no appreciable limitations upon Congressional authority clearly destroy the central purpose of the Constitution. All such rulings, therefore, violate the most fundamental cannon of legal interpretation. Specifically all precedent that interprets the Commerce clause or the General Welfare clause of the Constitution as granting Congress essentially unfettered authority to regulate all aspects of human interaction, effectively destroy the most important purpose of the Constitution. Such precedent has eroded the foundations of our Republic, and must be overturned.

 

14. Any law passed by the Federal Government that is not within the specific authority granted the Federal Government by the Constitution is null and void, and is unenforceable.

 

15. Citizens of the United States have no obligation to act in accordance with any law passed by the Federal Government that attempts to regulate matters not

 

3 of 7

 

within the scope of authority granted to the Federal Government by the Constitution.

 

16. Nothing in the Constitution grants the Federal Government authority to regulate healthcare.

 

17. The Patient Protection and Affordable Care Act (hereinafter "Obamacare") is a Federal law that purports to regulate healthcare. Therefore, Obamacare in its entirety is unconstitutional and unenforceable.

 

18. On March 21, 2010 Defendant Pelosi presided over the House of Representatives passage of Obamacare. Defendant Pelosi also voted for Obamacare in her capacity as a Congressional Representative.

 

19. On December 24, 2009 Defendant Reid presided over the Senate's passage of Obamacare. Defendant Reid also voted for Obamacare in his capacity as a Senator.

 

20. On March 23, 2010 Defendant Obama signed Obamacare in his capacity as President of the United States.

 

21. Defendants Obama, Reid, and Pelosi voluntarily took an oath to uphold and defend the Constitution of the United States as a prerequisite to taking the offices they now hold.

 

22. Defendants Obama, Reid, and Pelosi ignored the purpose of the Constitution and violated their oaths of office by supporting, voting for, and signing Obamacare.

 

4 of 7

 

FIRST CAUSE OF ACTION

(Abuse of Authority)

 

23. The actions of the Defendants, as set forth in paragraphs 1-20 above, which are fully incorporated herein, are not within the scope of authority granted to the Defendants by the people of the United States, through the U.S. Constitution.

 

24. As a direct result of Defendant's abuse of authority, the Plaintiff has suffered direct and immediate violations of his Constitutional rights and is therefore entitled to injunctive relief, declaratory relief, and damages, pursuant to Federal Rules of Civil Procedure 57 and 65 and 28 U.S.C. § 2201; to redress and remedy of the violations, and to prevent irreparable harm and future violations of his rights and the rights of others.

 

SECOND CAUSE OF ACTION

(Violation of 10th Amendment)

 

25. The actions of the Defendants, as set forth in paragraphs 1-20 above, which are fully incorporated herein, violate the explicit limitations placed upon Defendants authority by the 10th Amendment to the U.S. Constitution.

 

26. As a direct result of Defendant's actions, the Plaintiff has suffered direct and immediate violations of his Constitutional rights and is therefore entitled to injunctive relief, declaratory relief, and damages, pursuant to Federal Rules of Civil Procedure 57 and 65 and 28 U.S.C. § 2201; and to redress and remedy of

 

5 of 7

 

the violations, and to prevent irreparable harm and future violations of his rights and the rights of others.

 

THIRD CAUSE OF ACTION

(Breach of Oath of Office)

 

27. The actions of the Defendants, as set forth in paragraphs 1-20 above, which are fully incorporated herein, represent a breach of Defendants Obama's, Reid's, and Pelosi's duties contained within their oaths of office to protect and defend the U.S. Constitution.

 

28. As a direct result of Defendant's actions, the Plaintiff has suffered direct and immediate violations of his constitutional rights and is therefore entitled to injunctive relief, declaratory relief, and damages, pursuant to Federal Rules of Civil Procedure 57 and 65 and 28 U.S.C. § 2201; and to redress and remedy of the violations, and to prevent irreparable harm and future violations of his rights and the rights of others.

 

Prayer and Relief

 

WHEREFORE, the Plaintiff respectfully asks for judgment in his favor and against Defendants, including a declaration that the actions of Defendants, as described herein, were and are unconstitutional, illegal, and void, and that the same were in contravention of Plaintiff's constitutional rights; temporary and permanent injunctive relief; an order requiring the Defendants to halt enforcement of Obamacare and damages

 

6 of 7

 

according to proof, expenses and costs associated with the maintenance of this action, and all such further relief as the Court may deem just and proper.

COMPLAINT

 

Introduction

 

This is a Complaint seeking declaratory, injunctive, and monetary relief for violations of the United States Constitution and breach of duty.

 

Jurisdiction and Venue

 

1. The Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1346, and 1361. The Court has authority to grant declaratory relief pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202.

 

2. Venue is proper in this Court pursuant to 28 U.S.C. §§ 139(b)(2) and 1402.

 

1 of 7

 

Parties

 

3. Plaintiff Anthony Shreeve is a United States citizen and an adult resident of Jefferson County Tennessee.

 

4. Defendant Barack Obama is an individual currently holding the office of the President of the United States.

 

5. Defendant Harry Reid is an individual currently holding the office of the Majority Leader of the US Senate.

 

6. Defendant Nancy Pelosi is an individual currently holding the office of the Speaker of the US House of Representatives.

 

7. Defendant United States of America (hereinafter "US") is a political entity formed by and under the Constitution of the United States. Said Defendant was created for the sole purpose of serving the individual States and the people.

 

 

Facts

 

8. The purpose of the U.S. Constitution is to grant specific and limited powers to the Federal Government.

 

9. The powers granted to the Federal Government are limited by the Constitution in order to protect individual States and individual citizens from abuse of power by the Federal Government.

 

2 of 7

 

10. The 10th Amendment to the Constitution explicitly established that the Federal Government has no authority to perform any particular act, unless the Constitution explicitly grants the Federal Government authority to so act.

 

11. The purpose of the 10th Amendment is to reiterate the overall purpose of the Constitution, and to emphasize the limitations placed upon the Federal Government's authority to act.

 

12. The individual states refused to ratify the Constitution until after the first ten amendments, the Bill of Rights, including the 10th Amendment, were included in the Constitution.

 

13. All rulings by any Federal Court that leave no appreciable limitations upon Congressional authority clearly destroy the central purpose of the Constitution. All such rulings, therefore, violate the most fundamental cannon of legal interpretation. Specifically all precedent that interprets the Commerce clause or the General Welfare clause of the Constitution as granting Congress essentially unfettered authority to regulate all aspects of human interaction, effectively destroy the most important purpose of the Constitution. Such precedent has eroded the foundations of our Republic, and must be overturned.

 

14. Any law passed by the Federal Government that is not within the specific authority granted the Federal Government by the Constitution is null and void, and is unenforceable.

 

15. Citizens of the United States have no obligation to act in accordance with any law passed by the Federal Government that attempts to regulate matters not

 

3 of 7

 

within the scope of authority granted to the Federal Government by the Constitution.

 

16. Nothing in the Constitution grants the Federal Government authority to regulate healthcare.

 

17. The Patient Protection and Affordable Care Act (hereinafter "Obamacare") is a Federal law that purports to regulate healthcare. Therefore, Obamacare in its entirety is unconstitutional and unenforceable.

 

18. On March 21, 2010 Defendant Pelosi presided over the House of Representatives passage of Obamacare. Defendant Pelosi also voted for Obamacare in her capacity as a Congressional Representative.

 

19. On December 24, 2009 Defendant Reid presided over the Senate's passage of Obamacare. Defendant Reid also voted for Obamacare in his capacity as a Senator.

 

20. On March 23, 2010 Defendant Obama signed Obamacare in his capacity as President of the United States.

 

21. Defendants Obama, Reid, and Pelosi voluntarily took an oath to uphold and defend the Constitution of the United States as a prerequisite to taking the offices they now hold.

 

22. Defendants Obama, Reid, and Pelosi ignored the purpose of the Constitution and violated their oaths of office by supporting, voting for, and signing Obamacare.

 

4 of 7

 

FIRST CAUSE OF ACTION

(Abuse of Authority)

 

23. The actions of the Defendants, as set forth in paragraphs 1-20 above, which are fully incorporated herein, are not within the scope of authority granted to the Defendants by the people of the United States, through the U.S. Constitution.

 

24. As a direct result of Defendant's abuse of authority, the Plaintiff has suffered direct and immediate violations of his Constitutional rights and is therefore entitled to injunctive relief, declaratory relief, and damages, pursuant to Federal Rules of Civil Procedure 57 and 65 and 28 U.S.C. § 2201; to redress and remedy of the violations, and to prevent irreparable harm and future violations of his rights and the rights of others.

 

SECOND CAUSE OF ACTION

(Violation of 10th Amendment)

 

25. The actions of the Defendants, as set forth in paragraphs 1-20 above, which are fully incorporated herein, violate the explicit limitations placed upon Defendants authority by the 10th Amendment to the U.S. Constitution.

 

26. As a direct result of Defendant's actions, the Plaintiff has suffered direct and immediate violations of his Constitutional rights and is therefore entitled to injunctive relief, declaratory relief, and damages, pursuant to Federal Rules of Civil Procedure 57 and 65 and 28 U.S.C. § 2201; and to redress and remedy of

 

5 of 7

 

the violations, and to prevent irreparable harm and future violations of his rights and the rights of others.

 

THIRD CAUSE OF ACTION

(Breach of Oath of Office)

 

27. The actions of the Defendants, as set forth in paragraphs 1-20 above, which are fully incorporated herein, represent a breach of Defendants Obama's, Reid's, and Pelosi's duties contained within their oaths of office to protect and defend the U.S. Constitution.

 

28. As a direct result of Defendant's actions, the Plaintiff has suffered direct and immediate violations of his constitutional rights and is therefore entitled to injunctive relief, declaratory relief, and damages, pursuant to Federal Rules of Civil Procedure 57 and 65 and 28 U.S.C. § 2201; and to redress and remedy of the violations, and to prevent irreparable harm and future violations of his rights and the rights of others.

 

Prayer and Relief

 

WHEREFORE, the Plaintiff respectfully asks for judgment in his favor and against Defendants, including a declaration that the actions of Defendants, as described herein, were and are unconstitutional, illegal, and void, and that the same were in contravention of Plaintiff's constitutional rights; temporary and permanent injunctive relief; an order requiring the Defendants to halt enforcement of Obamacare and damages

 

6 of 7

 

according to proof, expenses and costs associated with the maintenance of this action, and all such further relief as the Court may deem just and proper.