here we go again...
seems it is a tactic that we will see alot from the Obama admin...
Department of Justice Seeks Dismissal of State Attorney Generals Health Care Reform Lawsuit Challenging Patient Protection and Affordable Care Act
The federal government had asked that the entire lawsuit brought by attorneys general and the National Federation of Independent Business be dismissed, saying that the plaintiffs lack standing and that Congress has a constitutional right to regulate health care.
seems it is a tactic that we will see alot from the Obama admin...
Government files motion to dismiss in lawsuit that alleges healthcare bill is unconstitutional on 15 separate counts including Obama's eligibility.
Tuesday, January 18, 2011 1:20
Government files their motion to dismiss in Purpura et al. v. Sebelius et al.. The lawsuit was filed in the United States District Court for the District of New Jersey by Nicholas Purpura and Donald Laster of the Jersey Shore Tea Party Patriots and the New Jersey Tea Party Coalition. Other plaintiffs in the lawsuit include the Colts Neck Tea Party, Jersey Shore Tea Party Patriots, Jackson Tea Party Patriots, Bayshore Tea Party Group and Ocean County Citizens for Freedom. The lawsuit alleges the healthcare bill is unconstitutional on 15 separate counts including Obama's eligibility.
The government argues the plaintiffs lack standing and the court does not have jurisdiction...
In short, via the brief; - MEMORANDUM IN OPPOSITION TO PLAINTIFFS’ MOTION FOR DEFAULT SUMMARY JUDGMENT AND IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS FOR LACK OF JURISDICTION -
ARGUMENT I. Standard of Review
Defendants move to dismiss this action for lack of subject-matter jurisdiction....
II. Plaintiffs Lack Standing
Federal courts sit to decide cases and controversies, not to resolve disagreements on policy or politics....
III. Plaintiffs’ Motion For “Default Summary Judgment” Should Also Be Denied...