Southeast Texas Resident, David Bellow, will file a Motion for Summary Judgment in his individual lawsuit against the Federal Government regarding the Healthcare Bill.
Bellow filed the lawsuit pro se the day after the Healthcare Bill was passed. Bellow argued that the federal government does not have the constitutional authority to force him to engage in commerce by forcing him to purchase a private health insurance plan or face a penalty. This is also known as the individual mandate requirement of the Healthcare Bill. Bellow also argued that the bill would violate his 4th amendment rights because the government would have full and unwarranted access to his private health records (and those of all Americans) in order to determine if he has “qualified insurance” or not. It would also violate his rights by not allowing him to make his own health decisions because the plaintiff’s private health decisions might not fit the government’s standard of what they determine to be “qualified”.
The Motion for Summary Judgment is a request asking the presiding judge to rule on the constitutionality of the healthcare bill without needing to go to a trial.
Along with the Motion for Summary Judgment, Bellow will provide, as evidence, a copy of the ruling from Commonwealth of Virginia vs. Sebelius. The federal judge in that case granted the plaintiff’s Motion for Summary Judgment and ruled that the individual mandate section of the Healthcare Bill was unconstitutional. This ruling sets a precedent that should be carried over to Bellow’s case and Bellow’s Motion for Summary Judgment should be granted and the presiding judge should rule in favor of the plaintiff by declaring the healthcare bill unconstitutional.
Timetable of events:
1) Bellow filed lawsuit against Obamacare – click here
2) Government responded with a Motion to Dismiss claiming Plaintiff has no standing
3) Bellow responds to Motion to Dismiss claiming he does have standing – click here
4) Bellow will file Motion for Summary Judgment on Monday, Dec. 20th, 2010
Click here for a copy of Commonwealth of Virginia vs. Sebelius