U.S. Citizens Association Files Suit to Overturn Health Care Law

/PRNewswire/ -- The U.S. Citizens Association, an Ohio-based conservative organization, with over 23,000 members, has filed a lawsuit in Federal District Court in Akron, Ohio to repeal the Health Care Bill signed into law in March.

The U.S. Citizens Association has assembled a team of Constitutional litigators to launch a full-scale legal war against the Obama administration's health insurance reform legislation, known as the Patient Protection and Affordable Care Act.

The U.S. Citizens' Association is a non-profit corporation civic league with offices in Akron, Ohio. The Executive Director is Lance Davis. It has hired three law firms to make the case in Federal Court that the new law violates protections afforded by the Bill of Rights to Americans.

The U.S. Citizens Association believes that the First Amendment guarantees their members the right to "not associate" with anybody they choose not to, including health insurers and their agents.

The U.S. Citizens Association believes that under several amendments of the Constitution their members have a right to privacy that will be lost when they are forced to divulge confidential medical information, possibly including data derived from blood, urine and DNA samples, physical examinations, listing past or current illnesses, diseases and daily medications as applicants for mandated health insurance coverage.

The U.S. Citizens Association believes that the new law forces members who do not have health insurance nor ever want it to purchase with after- tax dollars, an unwanted product - health insurance. Members' personal liberty right, that is, the right to choose to buy or not buy health insurance is being deprived.

The U.S. Citizens Association uninsured members who have never engaged in interstate commerce involving health insurance, are being wrongfully compelled by federal law to purchase unwanted health insurance due to the wrongful application of the federal interstate commerce clause.

The U.S. Citizens Association believes that the new law provides for a tax penalty not authorized by the Constitution. This tax penalty is an illegal direct excise tax on a non-activity. This is not a tax on property or income and as an excise tax it was not apportioned according to the Constitution.

The lawyers selected to handle the history-making lawsuit include William G. Williams of Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A., in Canton, Ohio; Jonathan Emord of Emord & Associates in Washington, D.C.; and David C. Grossack of Newton, Massachusetts.

Mr. Williams is known for his extensive work in commercial litigation and oil and gas law. Mr. Grossack is known for bringing an action against the Trial Court of Massachusetts for gender bias and is also the author of the book How to Win a Lawsuit Without A Lawyer. He is also known as a strong advocate for the rights of unrepresented parties in court. Mr. Emord is active in constitutional litigation with regard to the First Amendment, the Food and Drug Administration, deceptive advertising and libel, plus he is the author of numerous publications.

The U.S. Citizens Association is devoted to protecting individual liberties and promoting conservative values, fiscal responsibility, and the American private enterprise economic system. It includes, as part of its mission, challenging violations of the Constitution by elected public government officials that threaten the federal republic created by the U.S. Constitution.

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ATR: The Individual Mandate Excise Tax is a Tax

/PRNewswire/ -- A close reading of President Obama's healthcare plan finds several terms to describe the tax Americans will pay if they choose not to purchase qualifying health insurance. These terms include "payment," "assessment," and "individual responsibility."

-- This same tax has also variously been referred to as a "penalty," a
"fee," or a "fine." In fact, it's none of those things, precisely.
It's a tax. The various synonyms used are designed to hide that
simple fact. The reason for wanting to do so is clear: since this tax
would be assigned to any uninsured American (including those making
less than $250,000 per year), it's a pretty apparent violation of the
President's promise not to raise "any form" of taxes on working
families.
-- The evidence that this tax on the uninsured is in fact a tax comes
from a thorough reading of the Senate healthcare bill's uninsurance
tax section (which the Obama plan specifically says it is starting
from).
-- Page 322 of the Senate bill (the "Patient Protection and Affordable
Care Act") says that "any penalty imposed by this section with respect
to any month shall be included with a taxpayer's return under Chapter
1 [of the Internal Revenue Code (IRC)] for the taxable year which
includes such month." The procedure to collect the tax on page 336 of
the bill references Chapter 68 of the IRC. On page 337 of the bill, a
new Chapter 48 is added to Subtitle D of the Code (Miscellaneous
Excise Taxes) in order to create the uninsurance tax. Page 341 of the
bill continues to reference various parts of the Code that need to be
amended in order to cover this new tax.
-- Anyone reading this precise legislative language can see how this tax
would be collected. An uninsured individual would add the excise tax
to their regular income tax burden on the 1040 Form every April. It
is much like other excise taxes collected on the 1040 (early IRA
withdrawal tax, for example).


Americans for Tax Reform is a non-partisan coalition of taxpayers and taxpayer groups who oppose all tax increases.

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Medicare Report Confirms Health Care Takeover Plan is a Fiscal Disaster

/PRNewswire/ -- A new report released by the Medicare Chief Actuary, Richard Foster, and the Center for Medicaid Services, the federal agency that oversees Medicaid, says that the proposed health care overhaul plan will dramatically increase health care costs and senior citizens will suffer from Medicare cuts.

Family Research Council President Tony Perkins made the following comments:

"The Medicare number crunchers are admitting what we've known all along - that this $2.5 trillion bill is a fiscal disaster that will dramatically raise costs and likely cut health care access for senior citizens.

"A spending spree of this magnitude will have consequences because our country doesn't have an unlimited supply of money. This sobering report alone should be enough to convince every Senator and Congressman to oppose this bill. In addition, this health care takeover will increase taxes by almost $500 billion, and further hurt job growth by imposing $28 billion in new taxes on employers.

"The Senate plan also takes a slap at married couples by imposing a marriage penalty on couples making more than $250,000 a year. Cohabiting couples, on the other hand, are free to make $200,000 each before getting slammed by the same tax. The marriage penalty strikes at the core strength of our country - the married family unit which is the greatest generator of human goods and social benefits to our nation."

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