SOURCE: U.S. Citizens Association

U.S. Citizens Association

December 07, 2010 10:00 ET

Ohio Federal Court Permits U.S. Citizens Association Lawsuit Against Obamacare to Proceed

LOS ANGELES, CA--(Marketwire - December 7, 2010) -  Judge David Dowd, of the U.S. District Court, Northern District of Ohio, issued an order on November 22, 2010, denying the U.S. government's request to dismiss the U.S. Citizens Association and two of its members (U.S.C.A.) lawsuit on the basis of standing, ripeness, or the Anti-Injunction Act. The Ohio court recited two earlier federal decisions from Michigan and Virginia, which ruled on the identical issues when it stated: "The financial planning must take place well in advance of the actual purchase of insurance in 2014... There is nothing improbable about the contention that the Individual Mandate is causing plaintiffs to feel economic pressure today."

The U.S. District Court of the Northern District of Ohio also held that the lawsuit will proceed and not be dismissed on the issues regarding whether the mandatory requirement to purchase health insurance violates the Commerce Clause in Article I and the Necessary and Proper Clause of the U.S. Constitution.

The Federal Court dismissed U.S.C.A.'s claims that three additional constitutional safeguards were violated with the passage of the Patient Protection & Affordable Care Act. The Court, in its decision, had no analysis nor reasoning when it dismissed the U.S.C.A.'s claims that the new healthcare law violated the freedom of expressive & intimate association guaranteed by the First and Fifth Amendments, the Due Process Clause of the Fifth Amendment and the constitutional right to privacy.

The Court shall be issuing a scheduling order in the not-too-distant future for the filing of the Motion for Summary Judgment and its response.

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