Case #2:2010-cv-01489 filed on 24-Mar-2010 in the Federal District Court for New Jersey, captioned New Jersey Physicians, Inc. et al. v. Obama et al., is civil litigation which challenges the Patient Protection and Affordable Care Act. The case is assigned to Judge Susan D. Wigenton.
On 24-Mar-2010, one day subsequent to enactment of the PPACA, a group of physicians filed suit (Docket Item 1) requesting the Court prohibit enforcement of the PPACA and declare the Act unconstitutional. Within a week, the Plaintiffs filed an amended pleading (Docket Item 3) which restructured the claims made and corrected numerous minor errors. The Plaintiffs make four claims.
First, by mandating that an individual enter into private contract and then levying a penalty against an individual who fails to comply, the PPACA attempts to regulate “the mere status of a person as a citizen of the United States” and thereby exceeds the power granted to Congress by the [dormant] Commerce Clause of Art. I, Sec. 8.
Second, penalties levied by the federal government as a result of an individual's failure to privately contract for a government-selected level of insurance made available by a government-selected provider are “direct taxes imposed upon individual citizens of the United States” which are “imposed without regard to property, profession or any other circumstance, and are unrelated to any taxable activity or event” and are unconstitutional because such penalties exceed “limits on taxation imposed by Article I, §§ 2 [Cl. 3] and 9 [Cl. 4]” in a manner not authorized by “Amendment XVI.”
Third, through the PPACA, Congress intends to “collect taxes, remove and replace insurance benefits, mandate insurance coverage, and re-write health insurance contracts” in a way which is “not necessary or proper to a lawful exercise of any of the enumerated powers permitted the Federal government, and undermines and compromises the sovereignty of the states”; therefore, the PPACA violates the Amendment V guarantee that “No person shall be … deprived of life, liberty, or property, without due process of law…”
Fourth, the PPACA “has not been adopted in a lawful and Constitutional manner” and “denies the republican nature of our system of government” because it (a) “undermines investments in [private] contracts which must be re-written,” (b) “taxes health insurance plans into the future which businesses must account for immediately,” and © “originated in the Senate and not the House.”
The docket for the case was last retrieved via PACER and reviewed on 03-Apr-2010. All known docket items are listed below; typically, routine procedural items are listed but are not archived. The initially-retrieved docket report, which contains a list of parties and counsel, is archived.
- 0001 - 2010-03-24
- Plaintiff's Complaint
- 0002 - 2010-03-26
- Notation - Summons Issued
- 0003 - 2010-03-30
- Plaintiff's First Amended Complaint
- 0004 - 2010-03-31
- Plaintiff's Corporate Disclosure
- 0005 - 2010-05-17
- AFFIDAVIT of Service for Summons and Complaint served on Defendants on April 26−29, 2010, filed by NEW JERSEY PHYSICIANS, INC.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(CONROY, ROBERT) (Entered: 05/17/2010)
- New Jersey Physicians, Inc.
- Mario A. Criscito, M.D.
- Roe Patient
- Barack Obama, President of the United States
- Timothy Geithner, Secretary of the United States Department of the Treasury
- Eric Holder, Attorney General of the United States
- Kathleen Sebelius, Secretary of the United States Department of Health and Human Services