A group of conservative activists in Nevada have filed a class action lawsuit on behalf of a handful of Nevadans who oppose the health care law and “all persons in the United States of America who object to being forced to participate in the PPACA.” The group, PeopleV.US, claims that the health care law “violates 60% of the Bill of Rights” and describes its challenge as “the most comprehensive suit filed against the Act.” The effort is being funded by Tony Dane, a Nevada businessman “who runs a robocalling firm and helped GOP Senate nominee Sharron Angle get elected to the state assembly.”
The lawsuit regurgitates some of the familiar claims that the individual mandate violates the commerce clause and the 10th amendment of the constitution, but also adds some new charges [Read the full complaint HERE]:
- The PPACA violates the free exercise of religion protected by the First Amendment to the Constitution by compelling Plaintiffs herein to fund abortion in contravention of sincerely held religious beliefs.
- The PPACA violates the Constitution because the federal government lacks legal authority under the Fifth Amendment to the Constitution to deprive Plaintiffs herein of the liberty right to refuse to divulge medical confidences to a private insurer or its agent, to obtain health insurance; to not receive medical treatment or treatment of a particular kind; and to not pay for unwanted treatment; and to receive treatment of their own choosing.
- The PPACA violates the Thirteenth Amendment of the Constitution’s prohibition against involuntary servitude because it involuntarily creates a debt and coerces Plaintiffs herein to work off the debt by threat of legal sanction.
- The PPACA violates the First Amendment of the Constitution’s prohibition against the government’s establishment of religion by establishing, promoting and compelling participation in the secular religion of Socialism.
The suit also asks some key questions: “Does the PPACA violate the Privacy Rights of Plaintiffs under the case of Roe v. Wade by allowing the government to control their private health care decisions and giving the government control over Plaintiffs’ bodies?,” “Does the PPACA set up a government sponsored secular religion in violation of the establishment clause of the First Amendment?.”
The latter receives full treatment, with references to Karl Marx and Lenin:
See also “Liberal Fascism” by Jonah Goldberg, Broadway Books, 2009, which points out that fascistic socialism has become the U.S. state religion in America, beginning with Woodrow Wilson and continuing to the present.
137. As Trotsky wrote: “Marx is the prophet with the tables of the law and Lenin the greatest executor of the testament” (see the report at the Seventh All Russian Party conference of April 5th, 1923 as published in LENIN by Blue Ribbon Books, New York,1925).
Trotsky was second in authority only to Lenin in 1923 and even he calls Marx a prophet, comparing him to Moses with the tables of the law see (Ex. 24: 12) and Lenin becomes the executor of that religion’s new “testament.”
These statements of Trotsky must be given “great weight”:
In such an intensely personal area, of course, the claim of the registrant that his belief is an essential part of a religious faith must be given great weight.
The lawsuit lists the INDEPENDENT AMERICAN PARTY OF NEVADA and the NEVADA EAGLE FORUM as plaintiffs — the groups are “devoted to the preservation of constitutional/conservative values and oppose socialism, marxism, fascism, and any such form of state religion or government controlled health care” — and specific individuals, Dane included, who “object to the PPACA because it is the establishment of Socialism as a civil / secular religion, and compels participation in this state sponsored religion by way of the Individual Mandate and the shared responsibility payment.”
All in all, the usual Tea Party arguments about the Commerce Clause and the Tenth Amendment fade into the background of this rather colorful document and one wonders if and when Sharron Angle will join the cause, given her connections to its backer.