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Question for DU ATTORNEYS: Is it possible for "We, the People" to file a class-action suit...

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polichick Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 07:40 PM
Original message
Question for DU ATTORNEYS: Is it possible for "We, the People" to file a class-action suit...
Edited on Sun Nov-08-09 07:41 PM by polichick
...against Congress to strip them of the insurance paid for with our tax dollars??

It's just absurd for us to pay for their great coverage when ALL of us are not even offered a public option.

Maybe the suit should be about OUR tax dollars paying for OUR coverage too.

What are the possibilities from a legal standpoint?
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SemiCharmedQuark Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 07:42 PM
Response to Original message
1. "Now I may be just be a simple Hyper-Chicken, but I know when we're finger licked."
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polichick Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 07:49 PM
Response to Reply #1
4. How 'bout a finger linkin' revolution?! nt
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SDuderstadt Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 07:42 PM
Response to Original message
2. One does not have to be an attorney to answer this...
the answer is no and this is a stupid question/OP. Sorry.
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polichick Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 07:47 PM
Response to Reply #2
3. You're sorry alright. There are no stupid questions. nt
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SDuderstadt Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 07:51 PM
Response to Reply #3
5. No, this is...
have you ever taken a civics class?
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Old Codger Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 07:54 PM
Response to Original message
6. Seems to me
Edited on Sun Nov-08-09 07:55 PM by Old Codger
That a part of the first amendment may apply


Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
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polichick Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 07:57 PM
Response to Reply #6
7. Thanks - now we're getting somewhere. I wonder what kinds of "petitions"...
...that might include.
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SemiCharmedQuark Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 07:57 PM
Response to Reply #6
8. Are you a lawyer?
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Old Codger Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 08:05 PM
Response to Reply #8
13. Am I a lawyer?
Not on a bet, just pointing out something that MAY apply or at least be a starting point, that is why the word MAY was inserted rather than would or does or any other such.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 07:59 PM
Response to Original message
9. I'm sure Orly Taitz would take the case
:eyes:
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alcibiades_mystery Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 08:00 PM
Response to Original message
10. Can a judge certify the constitution of a class of which he or she is a part
What is this, advanced set theory?

:rofl:

Gimme a break.
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Garam_Masala Donating Member (711 posts) Send PM | Profile | Ignore Sun Nov-08-09 08:02 PM
Response to Original message
11. Nope...no suit shoud/could be filed...however...
Edited on Sun Nov-08-09 08:10 PM by Garam_Masala
I would respect our law makers heckuva lot more if they abandoned
their Cadillac Health Insurance courtesy of US tax payers VOLUNTARILY
and signed on to the "magnificent" PO which they designed for us
common folks.

That action would be commendable and patriotic, and leading by example!

But I won't hold my breath.
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polichick Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 08:14 PM
Response to Reply #11
16. Few (if any) on the Hill or in the WH "lead by example" - the idea seems almost quaint. nt
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treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 08:02 PM
Response to Original message
12. maybe. Find the statute that provides for it and see if there is any
argument that it violates the Constitution. There could be some argument that they are not "government employees." they aren't really employees, but elected officials.

Amazing that they got it through in the first place. The people at that time must not have been paying attention.

One weakness for them is they can "lose their job" every 2/6 years - it would be better to just buy it out of their pay, so they wouldn't be subject to cobra or preexisting conditions.
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polichick Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 08:13 PM
Response to Reply #12
15. It is suprising that it got through in the first place - and that the people just keep...
...putting up with such idiocy ~ endless sums for unnecessary wars that make friends o'Congress rich and no national healthcare for taxpayers.

It's truly crazy!

Interesting point about members of Congress not being "government employees."
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Davis_X_Machina Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 08:05 PM
Response to Original message
14. Slim to none.
United States v. Richardson, 418 U.S. 166, Sierra Club v. Morton, 405 U.S. 727 both still good law, suggest that a generalized, diffuse harm doesn't confer standing to sue.
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polichick Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 08:23 PM
Response to Reply #14
17. "a generalized, diffuse harm" - I'd guess those bringing the suits...
...felt the harm was somewhat more than that, but it's sure interesting legalese.
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tabatha Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 08:24 PM
Response to Original message
18. I think we should rather make a big noise about
Lieberman giving up his health care if he does not support the public option.
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polichick Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 08:41 PM
Response to Reply #18
20. Seems like they won't even take his committee chair away...
But I'd be all for loserman losing his healthcare.
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jberryhill Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 08:33 PM
Response to Original message
19. No. /nt
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nutshell2002 Donating Member (170 posts) Send PM | Profile | Ignore Sun Nov-08-09 08:42 PM
Response to Original message
21. It is not a stupid question
I am assuming you would assert standing (standing = whether one has the right to have his/her complaint heard in court) as a United States taxpayer. It is my understanding that there is no taxpayer standing to sue the federal government unless one is asserting that the federal government has used taxpayer $$ to fund a program that violates the Establishment Clause.
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polichick Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 08:58 PM
Response to Reply #21
24. It's a wonder that nobody has sued about funding for the "Faith Based" positions...
Thanks for the info!
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Hepburn Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 09:05 PM
Response to Reply #21
26. Generally....
...there is no standing as a "tax payer." The injury/damage has to be personal and direct. Paying taxes and having them "mis-spent" does not meet the test.

BTW: I primarily practiced in state court ~~ so the above opinion is just off the top of my head from some feddie stuff I vaguely remember.

:hi:
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Rosa Luxemburg Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 08:44 PM
Response to Original message
22. Good idea only strip Republicans and those Dems voting against
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optimator Donating Member (606 posts) Send PM | Profile | Ignore Sun Nov-08-09 08:57 PM
Response to Original message
23. judicial branch is our only hope against tyranny
There must be a lawsuit to prevent the IRS from being a collection agency for private corporations.
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polichick Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-08-09 09:02 PM
Response to Reply #23
25. That is exactly what's happening - with Congressional approval...
...and help from WH after WH. And the people just take it.
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