Wednesday, April 21, 2010


As the number of states filing lawsuits against the obamination obamacare increases every day, a Tennessee congressional candidate, Van Irion, has filed a Class Action lawsuit against the unconstitutional bill. Americans watched with horror as this process played out in congress, and as the shock is wearing off, anger is now setting in. This highly unethical and unconstitutional process will be put to the test in our court system, and people are signing on in droves.

Mr. Irion was a guest of Greta Van Susteren on Fox News, and, at the time, there were roughly 10,000 plantiffs signed on. Since then, it has more than doubled. An interesting note, Texas was in the lead with over 2,000 signatures, and California was a close second. Amazing!! Currently Texas and California are neck and neck, but spreading the word has made an incredible difference -- so, pass this on.

Frequently Asked Questions

* Updated April 16, 2010

Q. Can anyone join the class action against Obamacare?

A. Any US citizen or company can join as a plaintiff to the action by filling out the form HERE.

Q. What is the goal of the lawsuit?

A. The goal is to reverse the incorrect interpretation by the Supreme Court of the Commerce and General Welfare clauses that allows Congress to regulate essentially every American enterprise. This will restore the 10th Amendment and reign in Congress. Without reversing this precedent, Congress will continue to believe they have the right to regulate our daily lives and will continue to produce onerous bills that do so.

Q. Will it cost me anything to join the class action against Obamacare?

A. No, I am litigating this case pro bono and am covering the court costs personally. Win or lose, the plaintiffs won't bear any costs or attorney's fees associated with this case.

Q. What do you do with the information you collect?

The email addresses are used to communicate with the plaintiffs when necessary. When we amend the complaint, there is a form that has to be filed with the court which states who the plaintiffs are. This form requires that I list each legal name and address including the county of residence.

Q. What will the plaintiffs get if we win the case?

We are not seeking monetary damages, but rather a declaration that the actions of the Defendants are unconstitutional, illegal, and void; a declaration that the Defendants violated the Plaintiffs' constitutional rights; and an order requiring the Defendants to halt enforcement of Obamacare.

Q. What happens next in the case?

A. The complaint will be amended to add all of the co-plaintiffs that have volunteered to join. The amended complaint will then be served on the defendants and they will be required to answer. They may do so by filing a counter motion or by filing an "Answer" to the claims in the complaint.

Q. What specifically is the case challenging?

A. Three claims are made in the complaint:

1.Abuse of Authority - The actions of the Defendants are not within the scope of authority granted them by the U.S. Constitution.
2.Violation of 10th Amendment - The actions of the Defendants violate the explicit limitations in the 10th Amendment to the U.S. Constitution.
3.Breach of Oath of Office - The actions of the Defendants represent a breach of the Defendants' duties contained within their oaths of office to protect and defend the U.S. Constitution.

Q. Are there other attorneys on the case?

A. Several constitutional attorneys have offered their assistance pro bono for this case. We have a well skilled team to make this challenge.

Q. How is this case different from the other lawsuits filed against Obamacare?

A. This case has unique causes of action, as outlined above, that directly challenge the erroneous "Commerce Clause" and "General Welfare Clause" precedents of the Supreme Court. The interpretation of past courts have essentially rendered moot any limitations on the Federal government established in the Constitution.

The Commerce clause argument and the 10th Amendment argument were intended to be complimentary, just like those two parts of the Constitution are complimentary. They are opposite sides of the same coin. The argument is also about Canons of Legal Interpretation: Any interpretation of a single clause that negates the overall purpose of a law, contract, or other document, must be wrong. Such a clause can be included to create exceptions to an overall rule, but in those cases, the clause must be very clear about its limitations in reference to the overall purpose of the document. The scope of such exceptions must be clear and the courts must interpret them as narrowly as possible. The actions of Congress over the past 70 years have become the illustration that the "Commerce Clause" and the "General Welfare Clause" were misinterpreted as many years ago.

Q. Is this one of Obama's infamous "enemies lists"?

No, this is not an "enemies list" for Obama. Tony Shreeve, the lead plaintiff, is a Tea Party leader in Tennessee. He has been interviewed numerous times by NPR, Fox News, Politico, etc. You can Google him and know he is for real. I am also for real, you can Google me too. I have been speaking everywhere I can possibly can to tell people about the Constitution and how America was intended to operate, and if we just did that, the vast majority of our social and economic problems would greatly improve.

Please keep sending in your questions. I am happy to answer them.

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

Van Irion Speaks About the unconstitutionality of Obamacare