Q. Can anyone join the class action against Obamacare?
A. Any US citizen or US company can become a plaintiff by following the directions on the OCA JOIN PAGE. It’s very important that as many Americans join us as possible to let the court know that overturning Obamacare is important to them.
Q. What is the goal of the lawsuit?
A. The goal is to reverse the incorrect interpretation by the Supreme Court of the “commerce clause” that allows Congress to regulate essentially every American enterprise. Success in this case will restore the 10th Amendment and restrain 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. Why do I have to enter my credit card information to join the lawsuit against Obamacare?
A. By entering your information through the credit card form on PayPal you verify your identity, give electronic consent for LLF to add your name to the lawsuit and show that you are serious about joining this action. We want as many Americans to join as possible so we have set the minimum amount at $1. This covers the cost of running your card to verify your information. Any amount above $1 is welcome and helps to support LLF, a non-profit organization dedicated to restoring the Constitutional rule of law in our courts and government.
Q. After joining, will it cost me anything to be part of the lawsuit?
No. LLF is litigating this case pro bono and covering all the court costs. Win or lose, the plaintiffs won’t bear any costs or attorney’s fees associated with this case. While it is possible that a judge could levy costs against plaintiffs, it is extremely unlikely in a case like this, and if it does happen, LLF will cover any such costs. LLF is a non-profit organization and can only continue this work with the support of those who believe in our mission. Donations of any amount are always most welcome.
Q. What do you do with the information you collect?
A. All the information submitted is confidential. We do not share your information with anyone outside LLF. Email addresses are required in order to communicate with the plaintiffs when necessary. We do not send you emails unrelated to the lawsuit unless you also sign up for LLF email updates. Also, the database holding your information is stored on an encrypted server.
Q. What will the plaintiffs get if we win the case?
A. 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. Can the plaintiffs be counter sued for joining the class action against Obamacare?
A. This is extremely unlikely as you have every right to sue the Federal government for a redress of grievances without fear of reprisal. Also see answer to the 4th question above.
Q. What happens next in the case?
A. We are waiting for the court to set a hearing date for the preliminary injunction motion. We are also currently drafting a reply to Defendants’ motion to dismiss. The complaint will be amended to add all of the new names of co-plaintiffs that have recently joined before the hearing.
Q. What specifically is the case challenging?
A. Three claims are made in the complaint:
- Abuse of Authority – The actions of the Defendants are not within the scope of authority granted them by the U.S. Constitution.
- Violation of 10th Amendment – The actions of the Defendants violate the explicit limitations in the 10th Amendment to the U.S. Constitution.
- 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. Has this case been certified as a class action?
A. With the number of plaintiffs we currently have, we could have the case certified as a class action, but we haven’t done so yet. Whether we file as a “class” or as individually named plaintiffs is a technical issue. There are advantages to class status and advantages keeping individual plaintiffs. We’re still evaluating which way will best serve the cause. In either case this decision won’t affect the claims being made in the case.
Q. How is this case different from the other lawsuits filed against Obamacare?
A. The cases brought by the States are being represented primarily by the attorneys’ general of the states. They are primarily attacking the individual mandate within Obamacare. The OCA is different in several ways: first, we represent the people, not the states; second, we oppose Obamacare in its entirety, not just the individual mandate; third, we are arguing that the commerce clause precedent from 1942 should be overturned, not just reinterpreted.
For all these reasons, we are separate from the States’ lawsuits. We hope they succeed, and we benefit from any victories they have in court, but the OCA takes on a much bigger battle than what the states have chosen to take on.
Q. How will a decision in this case affect other Federal programs?
A. If we are successful in this effort to overturn Obamacare and change the Commerce Clause precedent, that will not automatically change other benefits or programs. Separate complaints would have to be brought to address those issues or they would need to be addressed in Congress. Also, courts tend to limit their opinions as narrowly as possible. We are asking for a broad opinion here that others can build on in the future to continue to restore our liberty.
Q. What legal arguments will you be making in the brief?
A. There are many grounds upon which to challenge Obamacare. The primary arguments that attack the legislation in its entirety are in the complaint. At the point a full legal brief is filed, we will weigh all the potential arguments, including those which so many of you have forwarded, and make those arguments with the best legal basis to be successful.
Q. I am in the US Armed Forces, can I join the lawsuit?
A. Currently serving military members should be aware of a risk in joining the lawsuit. Arguably joining a lawsuit against the Commander-in-Chief breaches military protocol by jumping the chain of command. Therefore current military members are welcome to join, but are advised to do so only after considering this issue. I advise military members to think carefully about this issue, and discuss it with their local JAG Officer, before joining.
Please be aware that even if you already submitted your name to join the lawsuit you have NOT yet been officially joined in the lawsuit. If you added your name to be joined, you are simply on a list of plaintiffs that will be added to the lawsuit in a few weeks. Any military members that want to be removed from the list should let us know via e-mail, oca@libertylegalfoundation.com. We will remove you from the list before it is submitted to the court.
Q. I am a US citizen overseas, can I join the lawsuit?
A. Yes you can. Simply go to the Join Page HERE.
Please send in any questions to oca@libertylegalfoundation.com. We are happy to answer them.