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Las Vegas lawyer files lawsuit, says health care law violates individual rights
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LAS VEGAS REVIEW-JOURNAL
Updated: Sep. 1, 2010 | 7:32 a.m.
Calling it the crowning achievement of his life's work, Las Vegas lawyer and Independent American Party attorney general candidate Joel Hansen on Tuesday filed what he called the most comprehensive health care lawsuit in the nation.
Hansen said lawsuits filed by several state attorneys general after Congress passed the Patient Protection and Affordable Care Act in March focus on the 10th Amendment to the Constitution, which defines states' rights and limits the power of the federal government.
Hansen's lawsuit, which lists his group People v. U.S., the IAP, Nevada Eagle Forum and several individuals as plaintiffs in the class action, alleges the health care initiative violates at least half a dozen constitutional amendments, including the First, Third, Fourth, Fifth, Ninth, 10th and 13th.
"This isn't about states' rights," he said at a news conference on the steps of the federal courthouse downtown. "It's about individuals rights. It violates the First Amendment because a lot of people are pro-life and this law forces them to contribute to (paying for) abortions. That's a violation of religious freedom."
He said many religious Americans do not buy insurance because they liken it to gambling, and forcing them to buy insurance would be another First Amendment violation.
Hansen said that the Constitution provides privacy protections through the Third, Fourth, Fifth and Ninth amendments and that the health care initiative violates those rights by "forcing people who don't have insurance and don't want insurance to pay for insurance or pay a fine" or by violating privacy rights by forcing disclosure of personal medical records.
He could not pinpoint where the health care bill states that the government would have access to private information. He said that he has not read all 2,000 pages of the legislation but that his staff has.
"Under Obamacare the government will get more involved with people's insurance records," Hansen said.
Attempts to contact Catherine Cortez Masto, the incumbent attorney general and a Democrat, were unsuccessful. Masto rejected Gov. Jim Gibbons' call to join in health care lawsuits in March.
Republican challenger Travis Barrick, who supports suing over the law, could not be reached for comment.
Contact Doug McMurdo at dmcmurdo@reviewjournal.com or 702-224-5512 or read more courts coverage at lvlegalnews.com.
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It violates the THIRD AMENDMENT???? The one against quartering soldiers? Has this whack job even read the document?
Stupid greedy arrogant republicans and trailer trash idiots who voted for WARMONGERS Bush/Cheney caused this severe recession and yet you have them in complete denial and still want to bring them back to the office so we can be sure to head into a GREAT DEPRESSION. Those dumb Motherf**kers can't see that OBAMA took over a country already spiraling down to the ground and if it wasn't Obama and his people we'd be in greater recession than it is now. So I say to you idiot trailer trash who voted for Bush and still want Republicans in the office what have you done for our country from 2000 to 2008??? HUH????? Don't blame someone who's only been in the office for just a year a half. GET THE FACTS u trailer trash!
KUDOS TEUFEL
but don't blame Harry for this disastrous bill that nobody wanted. Somehow it has to be Angle's fault. Right
In other news, morons continue to flock to Las Vegas thinking they will be the one who wins the jackpot.
Another thought: Wouldn't, say, federal tax revenue used in the Department of Defense budget violate under Mr. Hansen's argument the rights of Quakers, Mennonite Christians or other religions which reject violence even in defense of homes and property?
The argument on 1st Amendment grounds for mandatory insurance is interesting...wouldn't a ruling on that also impact mandatory auto insurance, flood insurance for certain homeowners?
People who refuse to buy health insurance violate my constitutional rights by making me pay for thier health care with higher property taxes and reduced services as a result of lost revenues to providers who lose money to non insured creeps.
madman wrote "I SUPPORT HEALTH CARE FOR ALL! DON'T WANT IT? DON'T USE IT! Don't like SOCIAL SECURITY? DON'T USE IT! THERE'S YOUR CHOICE ASS HAT!". I think it's great you support health care for all, but your point of "don't want it? don't use it!" shows that you don't understand this law at all. If one does not carry insurance, they are either going to be fined or thrown in prison. Therein lies the biggest problem of all. For the first time in our Country's history, we are Federally mandating that you buy something in order to be a free citizen, and I will NOT stand by that.
Your second epiphany about Social Security is ridiculous at best. I have no say about it being taken out of my paycheck, so if I don't use it, I have (in essence) lost all the $$ I earned that the Government took from me. Of course, this is all conjecture because by the time I qualify for the SS payments, there won't be any $$ to give back to me. My only choice to avoid paying SS is to not work, and that doesn't pay the bills.
Fascist progressives love it when sheep go along with their population control games.