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:6/24/2016)... ... , ... A recent article published June 14 on E Online ... on to state that individuals are now more comfortable seeking to undergo not only ... calf and cheek reduction. The Los Angeles area medical group, Beverly Hills Physicians (BHP) ...
(Date:6/24/2016)... ... ... was in a crisis. Her son James, eight, was out of control. Prone to extreme ... “When something upset him, he couldn’t control his emotions,” remembers Marcy. “If there was ... other children and say he was going to kill them. If we were driving ...
(Date:6/24/2016)... ... June 24, 2016 , ... Dr. ... accelerated orthodontic treatment. Dr. Cheng has extensive experience with all areas of orthodontics, ... and accelerated osteogenic orthodontics. , Micro-osteoperforation is a revolutionary adjunct to orthodontic ...
(Date:6/24/2016)... ... ... People across the U.S. are sharpening their pencils and honing their writing ... which patients and their families pay tribute to a genetic counselor by nominating him ... Genetic Counselors (NSGC) Annual Education Conference (AEC) this September. , In April, Genome ...
(Date:6/24/2016)... Las Vegas, Nevada (PRWEB) , ... June 24, ... ... their Las Vegas client, The Grove Investment Group (TGIG), has initiated cultivation and ... The Grove, in Las Vegas and Pahrump, Nevada. , Puradigm is the manufacturer ...
Breaking Medicine News(10 mins):
(Date:6/23/2016)... Roche (SIX: RO, ROG; OTCQX: RHHBY) announced ... BRAHMS PCT (procalcitonin) assay as a dedicated testing solution ... this clearance, Roche is the first IVD company in ... sepsis risk assessment and management. PCT is ... levels in blood can aid clinicians in assessing the ...
(Date:6/23/2016)... -- Bracket , a leading clinical trial technology and ... platform, Bracket eCOA (SM) 6.0, at the 52 nd ... 2016 in Philadelphia , Pennsylvania.  A demonstration ... of its kind to fully integrate with RTSM, will be ... is a flexible platform for electronic clinical outcomes assessments that ...
(Date:6/23/2016)... , June 23, 2016 Revolutionary ... Oticon , industry leaders in advanced audiology ... of Oticon Opn ™, the world,s first internet ... possibilities for IoT devices.      (Photo: ... introduces a number of ,world firsts,: , ...
Breaking Medicine Technology: