Healthcare Lawsuit SlideShow

8/8/2019 Healthcare Lawsuit SlideShow

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Healthcare Lawsuit:

Purpura & Laster, et alv.

Sibelius, Geithner et al


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This lawsuit has been filed on behalf of we the people and in response to what we perceive as an attempt by certainmembers of Congress to breach the contract that is the United States Constitution, through the Patient Protection andAffordable Healthcare Act.

Background:

Nicholas Purpura & Donald Laster, et al v. Kathleen Sibelius & Timothy Geithner, et al

The United States Constitution is a contract drawn by the Founding Fathers of America on behalf of all current and futuregenerations of Americans. It unambiguously defines the relationship between the general government, the States andAmerican citizens.

It was the intent of our Founders that, unlike nations before, America would be unique in that her citizens would forever bethe masters and the governments their servants.

As President Obama once lamented, the Constitution is a charter of negative liberties, [it] says what the states can't do toyou, says what the federal government can't do to you, but it doesn't say what the federal government or the state governmentmust do on your behalf.

Those limitations were intentional. Our Founders understood that governments that can seduce their citizens by promisingmuch; can enslave them by mandating even more. Were those intricate Constitutional restraints ever to be breached,

Americans would soon lose their liberties.


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This lawsuit cites 15 counts of unconstitutionality. Agreement by the Justice on any one

count could stop the entire bill.

No severability clause:


A severability clause is included in most large bills.

It assures that if one part of the bill is struck down, the balance remains protected.

The Patient Protection and Affordable Healthcare Act has no severability clause.

If one section of the bill is struck down for being unconstitutional, the Justice has the right

to stop implementation of the entire bill.


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Lawsuit


Plaintiffs: Donald Laster and Nicholas Purpura pro se, et al

Defendants: Kathleen Sebelius, HHS Secretary

Timothy Geithner, Treas. Sec.

Hilda Solis, Labor Secretary

Submitted: Judge Freda L. Wolfson

United States District Court

District of New Jersey

402 East State Street, Room 2020

Trenton, NJ 08608


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Participants


Jersey Shore tea Party Patriots

Ocean County Citizens for Freedom

Colts Neck Tea Party 1000s of individual parties so far have signed on to the legal suit to invalidate

the Senate originated HR 3590

More are signing on every day


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Lawsuit progress


September 24, 2010 Brief filed in NJ District Court

October 1, 2010 TRO served and dated court refused to sign

October 9, 2010 Letter requesting Court sign TRO October 14, 2010 2nd request for Court to sigh TRO

October 20, 2010 Court denies TRO

October 19, 2010 DOJ files weak argument against TRO

October 23, 2010 2nd request for TRO

October 29, 2010 Judge denies TRO

October 29, 2010 DOJ sends response to TRO

October 30, 2010 Request Judge recuse self (DOJ connivance) November 18, 2010 2nd request for Judge to recuse self

November 23, 2010 Judge refuses recusal, argues letters not official

December 2, 2010 Plaintiffs re-argue case for recusal


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Count 1Violation of Article 1, Section 7, Paragraph 1 of the U.S.

Constitution:

"All Bills for raising Revenue shalloriginate in the House of

Representatives; but the Senate maypropose or concurwith

Amendments as on other Bills."

The Affordable Healthcare Act Originated in the Senate as S. 1796.

S. 1796 was then swapped into an old house Bill HR 3590 entitled, The Service Members Home Ownership Tax of 2009.

HR 3590 was re-named The Patient Protection and Affordable Care Act, creating the illusion the healthcare billoriginated in the House.

The Affordable Healthcare Act is a revenue raising bill.

The Senate rejected the House version of healthcare, HR 3200, in its entirety when that body refused to consider the billin any fashion. Formerly, the Senate's Finance Committee had originated a series of its own revenue raising bills and

proposals which became the basis for Senate bill, S. 1796.

They then took an old 6-page House bill, HR 3590, written by C Rangel (D-NY,) called the "Service Members HomeOwnership Tax Act of 2009." The 6 pages were gutted and replaced with the Senate's own 2,409 page bill, S. 1796.

They then re-labeled it, The Patient Protection and Affordable Care Act. This circumvented the US Constitution andcreated the fiction the healthcare bill originated in the House of Representatives.

Facts:

Contention:



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Constitution:

Congress shall have the power; "To regulate Commerce with foreign

Nations, and among the several States, and with the Indian Tribes;"

HR 3590 levies penalties for failure to comply with the Acts defined purchase demands.

Using the Insurance Exchange, HR 3590 creates the type of insurance that must be sold.

HR 3590 coerces people, companies and states to engage in a specific type of commerce; the purchase of insurance.

While the Constitution grants Congress authority to regulate commerce in various forms, the granting of this authority

does not allow Congress to dictate, order, or force any person, company or State to engage in commerce.

Congress has the authority to "regulate" but not to "create" the vehicles of commerce, nor to coerce people, companies orstates to engage in these vehicles for fear of penalization. *Note: this point is being argued in several states.

Facts:

Contention:


HR 3590 forces citizens to purchase the type of insurance the government defines regardless of personal preferences.


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Count 3Violation of Article 1, Section 8, Paragraph 12,14,15 of the U.S.

Constitution and Posse Comitatus Act:

Congress shall have the power;

"To raise and support Armies, but no Appropriation of Money to that Use shall be for

a longer Term than two Years;""To make Rules for the Government and Regulation of the land and naval Forces;"

"To provide for calling forth the militia to execute the laws of the Union, suppress

insurrections, and repel invasions;"

"To provide for organizing, arming and disciplining the militia, and for governing

such part of them as may be employed in the service of the United States, reserving

to the States respectively the appointment of the officers, and the authority of

training the militia according to the discipline prescribed byCongress;"

HR 3590 authorizes the President to form a draft, federalize troops and conscript doctors across state lines.

HR 3590 authorizes the President to define a national emergency.

HR 3590 creates a presidential army called the Ready Reserve funded for a period of four years.

The Act calls for funding for the private Army for a period of four years; for which no constitutional authority exists. The Ready

Reserve is answerable only to the President and his appointees.

The Ready Reserve Corps formed under "HR 3590" authorizes the Surgeon General of the US to force individuals to active duty

without any emergency declaration of war. This is in clear violation of Article 1, Section 8, Paragraph 14.

"HR 3590", as written allows the Executive branch of government to circumvent Congressional approval to implement a draft.

Facts:

Contention:


HR 3590 authorizes the President and the Surgeon General to appoint officers to the Ready Reserve.

The United States already has personnel and facilities in place to address national emergencies.


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Constitution:

"No Capitation or other direct Tax shall be laid, unless in Proportion

to the Census or Enumeration herein before directed to be taken."

The Affordable Healthcare Act levies direct taxes on suntan salon services

HR 3590 levies taxes on the sale of select homes and select sellers.

HR 3590 levies direct taxes on so-called Cadillac insurance plans.

The Affordable Healthcare Act levies direct taxes on medical devices

Congress is prohibited from laying direct taxes.

Facts:

Contention:



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Count 5Violation of Article 1, Section 9, Paragraph 4 , 6 of the U.S.

Constitution:

"No tax or duty shall be laid on articles exported from any State."

"Nopreference shall be given by any regulation of commerce or

revenue to the ports of one state over those of another, nor shall

vessels bound to or from one state, be obliged to enter, clear, or pay

duties, in another."

The Affordable Healthcare Act levies taxes on medical devices exported from the individual states.

The Constitution explicitly prohibits the Congress of the United States (Senate) from taxing or applying duties to productsthat are exported from State to State. HR 3590 violates that section of the contract.

To pass "HR 3590", various states Senators were bribed and given preferences in turn for voting "yea." By providing

money for their states the Act establishes preferential treatment of one state over another which violates theConstitutional contract.

Facts:

Contention:


Sen. Landrieu was offered $300,000,000 for Louisiana in turn for a yea vote; to be paid by the American people. Sen. Nelson of Nebraska was offered $100,000,000 in Medicaid aid for a yea vote; to be paid by the American

people. *Note. This provision was later cut.

$8.5 billion was provided for 11 states in turn for a yea votes; to be paid by the American people.

HR 3590 provides money for hospitals in N and S Dakota, Montana and Wyoming in turn for a yea votes; to bepaid by the American people.


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Constitution:

No person except a natural born citizen, or a citizen of the United

States, at the time of the adoption of thisC

onstitution, shall beeligible to the office of the President; neither shall any person be

eligible to that office who shall not have attained to the age of thirty-

five, and been fourteen years a resident within the United States.

Barack H. Obama Sr. was not a US citizen at the time of his sons birth.

The Founding Fathers used a standard at the time the Constitution was written, i.e., the Law of Nations, by Emmerich DeVattel

(1758) to define a natural born citizen. So well regarded is this work it has been cited on five occasions by the Supreme Court.

According to Book 1, Chapter 19, Paragraph number 212, natives or natural-born citizens are those born in this country, of parents

who are BOTH citizens. Mr. Obama Sr. was a British subject and NOT a US Citizen. Hence, when applying this standard, already

recognized by the Supreme Court, Mr. Obama has no authority to sign "HR 3590" into law.

Facts:

Contention:


According to Supreme Court cited, Law of Nations, both parents must be US citizens for their off-spring to qualify asnatural born.

As he does not qualify as a natural born US citizen, Barack H. Obama was not authorized to sign, HR 3590.


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Count 7Violation of Amendment 16 of the U.S. Constitution:

"The Congress shall have power to lay and collect taxes on incomes,

from whatever sources derived, without apportionment among the

several States, and without regard to any census or enumeration."

HR 3590 levies additional taxes based on gross income for non-compliance.

The Constitution grants Congress the authority to "lay and collect taxes on incomes." It did not authorize Congress to re-tax that same income multiple times. Nor is Congress authorized to tax income that does not exist. "HR 3590" includesprovisions forcing citizens to comply or face punishment. This can be described as legal extortion under the "color of law.

Facts:

Contention:


This levy creates a double taxation on gross income.


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Count 8Violation of Amendment 4 of the U.S. Constitution and HIPAA:

"The right of the people to be secure in their persons, houses, papers,

and effects, against unreasonable searches and seizures, shall not be

violated, and no warrants shall issue, but upon probable cause,supported by oath or affirmation, and particularly describing the

place to be searched, and the persons or things to be seized."

HR 3590 provides the federal government unconditional authority to access and seize private medical records.

The Act violates the "Civil Rights" of the citizens of the State of New Jersey by dismissing the "Health Insurance

Portability and Accountability Act of 1996" (HIPAA), which was designed to protect patients and their health informationfrom being seen by anyone except one's own doctor.

Granting the federal government access to a citizen's private funds violates the "search and seizure protection" affordedby the Constitution's Amendment 4.

Facts:

Contention:


HR 3590 provides the federal government with real-time access to individual bank accounts for funds transfers.


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Count 9Violation of Amendment 5, 13 of the U.S. Constitution:

"No person shall be held to answer for ..., nor be deprived of life,

liberty, or property, without due process of law; nor shall private

property be taken for public use without just compensation."

"Neither slavery or involuntary servitude, except as a punishment for

crime whereof the party shall have been duly convicted, shall exist

within the United States, or any place subject to their jurisdiction.

HR 3590 provides the federal government unconditional authority to seize the property of those who fail to purchasemandated health coverage.

Because of tax penalties incorporated into "HR 3590", the constitutional civil right to "due process" is rendered "null and

void." The act deprives citizens of property (based upon gross income) by a "taking" in which no trial or appeal process isavailable to contest said seizure. This allows the federal government to ignore the basic principle of Constitutional law toinclude normal established laws governing taxation.

Facts:

Contention:


There is no due process in the taking or seizure of property under HR 3590.

The requirements of the individual mandate constitute involuntary servitude. I.E. You will do this or be punished.


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"No State shall make or enforce any law which shall abridge the

privileges or immunities of citizens of the United States;...nor shallany state deprive any person of life, liberty, or property, without due

process of law; nor deny to any person within its jurisdiction the

equal protection of the laws."

HR 3590 grants special exemptions to selected classes of citizens based upon religious affiliations or State of residence.

The Act discriminates against one group in favor of another rather than providing equal protection.

Facts:

Contention:


HR 3590 criminalizes other citizens, regardless of their religious beliefs, for failure to comply with mandates.

Select groups will then be fined or have their property seized for failure to comply with mandates.


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"Congress shall make no law respecting an establishment of religion,

or prohibiting the free exercise thereof; or abridging the freedom ofspeech, or of the press; or the right of the people peaceably to

assemble, and to petition the government for a redress of

grievances."

HR 3590 grants special exemptions to certain religious groups including Amish, Muslim or Islamic sects

The Constitution prohibits Congress from making laws regarding religion. Nowhere in the US Constitution does Congresshave the authority to make laws that grant exemptions or other special rules for religious sects. Nor does the Constitutionallow the granting of preferences or other special consideration.

Facts:

Contention:


HR 3590 criminalizes other citizens, regardless of their religious beliefs, for failure to comply with mandates.


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Count 12Violation of Amendment 5 of the U.S. Constitution and Anti-

Trust Laws:

"No person shall be held to answer for ..., nor be deprived of life,

liberty, or property, without due process of law; nor shall privateproperty be taken for public use without just compensation."

HR 3590 creates an insurance exchange which sets price controls, profit constraints and mandated coverage standardsfor insurers.

"HR 3590" has stealthily inserted provisions to create an all-powerful governmental "single-payer system," which neitherthe Senate nor the House of Representatives contemplated or agreed upon.

The "no administrative or judicial review" provisions inserted into the Act erase the "separation of powers" rendering theJudicial Branch unable to protect the Constitution and the people of the United States as contemplated by the Founding

Fathers in the creation of our limited constitutional government. (Ex. Sec. 3003, Sub-section (a), (4), (9), (G) states:LIMITATIONS ON REVIEW - There shall be no administrative or judicial review under section 1869, section 1878, orotherwise of the establishment of the methodology under subparagraph (C), including the determination of an episode ofcare under such methodology.)

Facts:

Contention:


HR 3590 has established an entity that can price fix and force insurers out of business.

HR 3590 has provisions enabling the establishment of a single-payer, government run insurance monopoly.

HR 3590 contains numerous sub-sections in which there shall be no administrative or judicial review, barringcitizens legal right to appeal.


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Count 13Violation of Amendment 14 of the U.S. Constitution and Title

VII and Anti-Trust Laws:

"No State shall , make or enforce any law which shall abridge the

privileges or immunities of citizens of the United States; nor shall any

State deprive any person of life, liberty or property, without due

process of law; nor deny to any person within its jurisdiction the

equal protection of the laws."

HR 3590 mandates quota programs using the term, affirmative action.

The grant of "special funding", mandated by the "Congressional black Caucus", "separates the races" by granting "special

treatment" to one particular race of citizens. This violates Amendment 14 that assures equality. The Supreme Court hasunambiguously found that "preferential treatment" and "Affirmative Action Programs," which are actually quota-based

program, are unconstitutional.

Facts:

Contention:


HR 3590 provides student loans for a particular race of citizen based on color or ethnicity.


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Count 14Violation of Article 6 of the U.S. Constitution:

"The Senators and Representativesand executive and judicial

Officers shall be bound by the Oath or affirmation, to support theConstitution."

Chairman of the House Judiciary Committee, John Conyers, D-MI, said to the National Press Club, What good does it doto read a bill of 1000 pages if you dont have two days and two lawyers to find out what it means?

It is the fiduciary duty of every legislator to scrutinize every Act or bill to address whether the legislation complies with theUnited States Constitution. Failure to do so is dereliction of duty, which constitutes a "high crime and misdemeanor."

When asked if Congress had the constitutional authority to create such a bill, the Speaker's response was only, "Are youkidding? Are you kidding?" In May of 2010, months before its passage, the Congressional Research Service (CRS)notified Congress the bill may be unconstitutional. By not reading and understanding what was in the healthcare bill prior

to signing it, and by dismissing voters concerns by suggesting the bill must be passed before we are allowed to knowwhat it contains, the Senators and Representatives are guilty of impeachable offenses.

Facts:

Contention:


Speaker of the House, Nancy Pelosi, D-CA, stated, But we will have to pass the bill so that you can find out what is init

Congressman Conyers admitted to not having read the bill. He voted for HR 3590 anyway.


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Count 15Violation of Article 1, Section 8 and Amendment 10 of the U.S.

Constitution:

"The powers not delegated to the United States by the constitution,

nor prohibited by it to the states, are reserved to the Statesrespectively, or to the people."

Congress is granted only those powers specified in:

Nowhere in the Constitution of the United States is the federal government granted the authority to issue the mandates

specified in the Act.

Facts:

Contention:


Article 1, Section 8

Article 1, Section 10, Paragraphs 2 and 3 (Consent Authority)Article 3, Section 2, Paragraph 2 (Regulation of Courts)

Article 4, Section 3, Paragraphs 1 and 2 (New States and Property)

Amendment 13, Section 2

Amendment 14, Section 5

Amendment 15, Section 2 (Enforcement authority)

Amendment 16 (Income Tax)

Amendment 19, 23, 24, 26 (Enforcement authority)

Documents

Healthcare Lawsuit SlideShow