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Join the Obamacare Class Action lawsuit

Posted by Richard on July 31, 2010

Tennessee's attorney general refused to join the lawsuit filed by 22 states against the Patient Protection and Affordable Care Act (PPACA), a.k.a., Obamacare, a.k.a. the government takeover of health care. So East Tennessean Van Irion, a constitutional attorney admitted to practice before the U.S. Supreme Court, decided to file suit himself and invited other Tennesseans to join him in a class action. Soon, people from all over the country were asking to join, and Irion opened up the class to all Americans.

Read about the Obamacare Class Action and, if you like the idea, sign on. Irion is handling the case pro bono and covering the court costs, so it needn't cost you anything. But he does accept voluntary donations, and $10 is suggested. I love the idea (although I acknowledge it's a bit quixotic), because it aims at the heart of the problem: 

The Obamacare Class Action (OCA) is a Federal lawsuit challenging the Constitutionality of the entire Patient Protection and Affordable Care Act (PPACA) on the basis that Congress does not have the authority under Article 1, Section 8 of the U.S. Constitution to regulate the health care industry and is specifically barred from doing so by the 10th Amendment.

The OCA is unique among the many lawsuits filed against the PPACA. The 22 States that have joined lawsuits challenging the constitutionality of PPACA direct their challenges at the individual mandate to purchase health insurance and the unequal treatment of different groups. While we agree that these aspects of the PPACA are unconstitutional, and we encourage the States challenges, the OCA challenges the PPACA in its entirety.

… The OCA lawsuit seeks to re-establish the original meaning of the enumerated powers and of the 10th Amendment by re-establishing that the Commerce Clause was intended to allow Congress only the authority to prevent one state from creating trade barriers to doing business with another state.

The chances of success in the courts are slim. Nevertheless, I think the case is extremely worthwhile. Irion already has over 25,000 plaintiffs. If that number rises into six figures and the case draws significant public attention, it can be a wonderful educational opportunity.

Van Irion is also a candidate for Congress in Tennessee's heavily Republican 3rd District. He appears to be a long-shot in the crowded Republican primary for the open seat (incumbent Zach Wamp is running for Governor). But I wish this self-described "Constitutionalist" well.

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