Navigation Links
Court Hearing Thursday on Physicians' Challenge to 'Obamacare': Doctors Argue Against 'Arbitrary Power and Tyranny'
Date:3/16/2010

GREENBELT, Md., March 16 /PRNewswire-USNewswire/ -- The following is being issued by LibertyProtection.net:

On Thursday, March 18, lawyers from the U.S. Department of Justice will appear in Federal District Court for oral argument in opposition to a request by physicians opposed to President Barack Obama's healthcare bill for an injunction barring his Administration "from undertaking in the future to intimidate or coerce any member of Congress" to vote for the plan.  The court challenge, filed on behalf of Daniel G. Anderson of Chevy Chase, Maryland, and nine prominent physicians from Maryland, Virginia, and the District of Columbia, claims that President Obama "already has abused his executive powers in an effort to leverage control over the vote of key moderate Senators" and that if he is not barred from similar actions, "irreparable harm is actual and imminent."

Administration lawyers will ask Chief Judge Peter J. Messitte (Case No. 8:10-00017.PJM) to deny the doctors' injunction and dismiss the suit on the grounds that the physicians have no standing to bring the action against the Obama healthcare plan and that the issue is a "political question."  In an opposing brief Hagerstown attorney R. Martin Palmer argued that if "Obamacare" were to become law by unconstitutional means, the physicians would suffer "irreparable harm" in being forced to practice medicine "deficiently" and subject them to "arbitrary outside restraints."

At the heart of the physicians' suit is their claim that President Obama has overstepped his constitutional powers:

"Plaintiffs only seek to enjoin a particularly pernicious form of coercion and intimidation, namely the making of threats regarding the use of the President's Executive powers in ways that are adverse [to] the constituents of one or more of the members of Congress in order to pressure those members into voting for (or against) legislation.  This practice involves the use or abuse of the President's Executive powers to leverage control over the Legislative branch, thereby leading to the concentration of powers in a single branch of government that allows for the exercise of arbitrary power and tyranny."

The court hearing comes at a sensitive time for Democratic leaders in Congress seeking to bring a bill to the floor of the House of Representatives by the end of this week.   With "Obamacare" supporters hard-pressed to find the required votes, pressures of the kind asserted in the physicians' suit are likely to be employed against hesitant lawmakers.  In addition, questions that have been raised about potential use of the "reconciliation" process in the Senate, or "deeming" the Senate bill passed in the House, serve to highlight the constitutional concerns raised by the doctors.

At the links, view in their entirety (1) the brief in opposition to the Obama Administration's motion to dismiss the suit and (2) the physicians' original complaint

CONTACT: Darren Spinck, +1-202-669-4418, Darren@gscgrouppr.com

SOURCE LibertyProtection.net

Back to top

RELATED LINKS
http://www.LibertyProtection.net

'/>"/>

SOURCE LibertyProtection.net
Copyright©2010 PR Newswire.
All rights reserved

Related medicine news :

1. Texas Supreme Court Rules Against Medicare HMOs in Hospital Reimbursement Fight
2. Claim Filed Against the Company and Nine Other Defendants in the Haifa Magistrates Court
3. First Circuit Court of Appeals Rules Against Philip Morris in Lights Class Action
4. Wyeth and Nycomed Announce Court Denial of Preliminary Injunction
5. Massachusetts State Court Hears Suit by Breastfeeding Mother on Medical Licensing Exam
6. Cristina Saralegui Joins Celebrities Including Matthew McConaughey, Courteney Cox and Mariska Hargitay to Raise Money for Breast Cancer Research
7. Filing for Reconsideration/Press Conference ACUNA v. TURKISH, Historic Informed Consent Abortion Case to the New Jersey Supreme Court
8. Rulings Send Lawsuits Against State Farm, American Family Back to Court, Hagens Berman Sobol Shapiro Announces
9. NBME Appeals Massachusetts Judges Reversal of Lower Court in Suit for Extra Break Time During Medical Licensing Exam
10. New Report Says Health Courts Bureaucracies Offer Big Financial Burdens and Loss of Patient Rights
11. ALLs Judie Brown: Supreme Court is Wrong on Contraception Ruling
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:10/13/2017)... ... October 13, 2017 , ... Coveros, a ... has been awarded a contract by the Center for Medicare and Medicaid Services ... accelerate the enterprise use of Agile methodologies in a consistent and high value ...
(Date:10/13/2017)... ... ... “America On The Brink”: the Christian history of the United States and the loss ... author, William Nowers. Captain Nowers and his wife, Millie, have six children, ten ... the Navy. Following his career as a naval aviator and carrier pilot, he ...
(Date:10/12/2017)... ... October 12, 2017 , ... ... treating sleep apnea using cutting-edge Oventus O2Vent technology. As many as ... disorder characterized by frequent cessation in breathing. Oral appliances can offer significant relief ...
(Date:10/12/2017)... Wis. (PRWEB) , ... October 12, 2017 , ... ... standard products to meet the demand of today’s consumer and regulatory authorities worldwide. ... of probiotic experts and tested to meet the highest standard. , These ...
(Date:10/12/2017)... ... October 12, 2017 , ... The American College of Medical ... Friedman, PhD, FACMI, during the Opening Session of AMIA’s Annual Symposium in Washington, D.C. ... honor of Morris F. Collen, a pioneer in the field of medical informatics, this ...
Breaking Medicine News(10 mins):
(Date:9/22/2017)... 22, 2017  As the latest Obamacare repeal effort ... Cassidy (R-LA) and Lindsey Graham (R-SC) ... medical device industry is in an odd place.  The ... 2.3% excise tax on medical device sales passed along ... covered patients, increased visits and hospital customers with the ...
(Date:9/19/2017)... medical device company developing a non-invasive, robotically assisted, platform therapy that uses pulsed sound energy ... ... Jim Bertolina, PhD ... Tom Tefft ... executive Josh Stopek , PhD, who has led R&D and business development teams at ...
(Date:9/18/2017)... KALAMAZOO, Mich. , Sept. 18, 2017  PMD ... OptiMed Specialty Pharmacy of Kalamazoo, Mich. ... strategic hub service that expedites and streamlines patient and ... Spiro PD 2.0, and wellness management services.  ... medical device used to measure lung function for a ...
Breaking Medicine Technology: