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Judge grants request to file Amicus Curiae Brief claiming health care bill null and void due to Obama’s ineligibility

 


“THIS MOTION IS GRANTED”


by Sharon Rondeau
ThePostEmail.com

Commonwealth of Virginia's Attorney General Ken Cuccinelli filed the first lawsuit against government-mandated health care

(Oct. 8, 2010) — Last March The Post & Email reported on an “Admission of Ineligibility” declared by a Florida man after he charged Barack Hussein Obama with “negligence” for failing to answer his request that Obama prove he is a natural born Citizen and therefore qualified to hold the office of President of the United States.

Mr. W. Spencer Connerat III, the author of the document which he deemed a “confession,” had originally sent it to the attorneys general of Florida and Virginia last March in the likely event that either or both of them decided to file a lawsuit over the impending passage of the Patient Protection and Affordable Care Act (PPACA).  Some have referred to the legislation as “Obamacare,” and its constitutionality has been debated since long before its passage.

Attorney General Kenneth Cuccinelli, on behalf of the Commonwealth of Virginia, filed suit against Health and Human Services Secretary Kathleen Sebelius directly after the legislation was passed by Congress on March 23, 2010.  A group of more than 20 states filed a similar lawsuit led by Attorney General Bill McCollum of Florida.

Regarding Obama’s constitutional qualifications for office, Cuccinelli has acceded to the possibility that Obama might have been born in a foreign country, but has also said that he “believes” that Obama was born in the United States.

Just today, Sebelius announced that “the government is giving $727 million to 143 community health centers across the country.”

On July 2, 2010, Judge Henry Hudson denied the federal government’s request to dismiss the Commonwealth of Virginia’s lawsuit over the PPACA, ruling that the Commonwealth had “standing” to sue because of its passage of a law protecting its citizens from being forced to purchase a government-mandated health care program.

On September 21, 2010, Judge Hudson granted Mr. Connerat’s motion to file an Amicus Curiae brief to be included in the Virginia lawsuit along with many others filed by interested parties, including Physician Hospitals of America, former U.S. Attorney General Edwin Meese III, and the American Civil Rights Union.

Judge Henry Hudson's order to send a copy of the Amicus Curiae brief "to all counsel of record"

The text of the order reads:

ORDER

THIS MATTER is before the Court on an Optional Motion for Leave to File Amicus Brief (Dk. No. 92), submitted by W. Spencer Connerat, III.  Upon due consideration, this Motion is GRANTED.

Movant included his Brief as Amicus Curiae with the Motion that he filed with the Court.  The Clerk is therefore directed to file Movant’s Optional Motion for Leave to File Amicus Brief (Dk. No. 92) as Movant’s Brief as Amicus Curiae Supporting Plaintiff.

The Clerk is directed to send a copy of this Order to all counsel of record.

It is SO ORDERED.

Connerat’s Friend of the Court brief consists of three pages and reportedly alleges that the health care bill was signed into law by someone ineligible to do so. It can be found on Scribd here. The brief and Mr. Connerat’s original “Tacit Admission of Ineligibility” can be found here.

Others have speculated that it is widely known by members of all branches of government that Obama does not meet the constitutional eligibility requirements to serve as President.

One report states that if Republicans gain enough seats in the House and Senate in next month’s midterm elections, a host of possible crimes will be investigated, although it does not mention the question of Obama’s eligibility.

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