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For Immediate Release:  11/22/2010

Press Contact:  Jonathan Emord (703-755-8202)


Akron, Ohio—On November 22, 2010, Judge David Dowd of the United States District Court for the Northern District of Ohio denied another attempt by the Obama Administration to stop a suit challenging the President’s health care reform law.  The Ohio suit, brought by the firm Emord & Associates on behalf of the United States Citizens Association and two of its named members, seeks a declaration that the law violates the United States Constitution.  The Court rejected the Government’s argument that the suit failed to state a true controversy and was not ripe for review.  The Court also rejected the Government’s attempt to dismiss a Commerce Clause challenge (that the law exceeds Congress’s power to regulate interstate commerce).  In deciding this way, Judge Dowd favored the decision of Judge Roger Vinson in the United States District Court for the Northern District of Florida.   The Court dismissed without substantive opinion USCA challenges on First Amendment intimate association and freedom of association grounds; Fifth Amendment liberty grounds; and right to privacy grounds.   Judge Dowd made it clear that he thought ultimate resolution of each question would require a decision by the United States Supreme Court, writing: “It is apparent . . . that the controversy ignited by the passage of the [Obama Health Reform Bill] will eventually require a decision by the Supreme Court after the . . . litigation works its way through the various circuit courts.”

Read the Court’s Decision here.

2010-11-22 - Press Release - USCA ORDER.pdf PRESS RELEASE