I, for one, would like to see this filed in every court in the land.
Here is the meat of Landmark Legal’s and, more specifically, Mark Levin’s claim against the fantastical four:
20. Two branches of the United States Government have and are presently intendingto transgress the requirements of the U.S. Constitution, rendering the liberty of United Statescitizens at stake. Clinton, 524 U.S. at 450 (Kennedy, J., concurring).
21. The conduct of the House of Representatives and the President of the UnitedStates violates Plaintiffs’ Fifth Amendment rights under the United States Constitution, whichprovides that “No person shall be . . . deprived of life, liberty, or property, without due process oflaw. . . .”
22. Under color of law, the Defendants intend to collect taxes, remove and replaceinsurance benefits, and re-write health insurance contracts affecting Plaintiffs and Landmark’semployees. The Senate Bill enacts broad and encompassing regulation of health care in this5country. It changes the law and places new regulatory and tax burdens on millions ofAmericans, including large and small entities of which Landmark is one as a not-for-profitorganization.
23. Because the House violated the Constitution by never voting on the Senate Bill,the Senate Bill cannot be and is not a law of the United States. Defendants, charged by law andthe Constitution with enforcing the law, must be prevented from treating the Senate Bill as a lawof the United States. Any signature by the President is a nullity, and the piece of paper he hasstated that he will sign or has signed is nothing more than that: a piece of paper.
24. The President of the United States intends to sign or has signed the Senate Bill,and the President and all Defendants intend to or have begun to apply the Senate Bill as lawdespite the failure of the House to meet the constitutional requirements of bicameralism, creatinga case and controversy.
Does Mr. Levin have standing? Of course he does.
2. Plaintiff Mark R. Levin is a citizen of the United States, a taxpayer, and President of Landmark. Mr. Levin carries health insurance through the Landmark-sponsored plan.
Everyone who has a current health insurance plan has standing, if nothing else under anti-trust laws, because they stand to lose their competition-based coverage to a monopolistic government “option”.
- An unconstitutional solution (powerlineblog.com)
- States’ Rights Is Rallying Cry of Resistance for Lawmakers (nytimes.com)
- Hooey on Healthcare Reform from Michael McConnell (mydd.com)
- NYT: States’ rights is cry of resistance (msnbc.msn.com)
- Pence blasts Slaughter Rule on House floor (hotair.com)