Racist Vs. Obamacare
President Barack Obama Wins
Bellow v. Sebelius
Eastern District of Texas
Michael David Bellow, Jr.
U.S. Department of Health and Human Services, Kathleen Sebelius, U.S. Department of the Treasury, Timothy Geithner, U.S. Department of Labor, and Hilda Solis
Ron Clark, Referred to: Magistrate Judge Keith F. Giblin
In this case, Bellow, a private citizen, argues that Congress does not have the authority to mandate health insurance or pay a penalty. Therefore, the federal government has violated Article I of the Constitution and the Tenth Amendment. Congress does not have the power to issue a direct tax on the states, a violation of the framework of Article I, Sections 2 and 9. Also, he argues that accessing the health insurance history of each person is an encroachment of their privacy secured by the Fourth Amendment.
: This lawsuit was filed pro se . On August 30, the Plaintiff requested additional summons to correct a deficiency in their service. The Plaintiff had filed letters with the Court regarding the Defendants’ failure to answer. Finally on November 29, the Defendants filed a Motion to Dismiss. The Plaintiff filed a Response, and on December 20 filed a Motion for Summary Judgment.
On January 5, 2011, Defendants filed a Motion to Stay (Stay of Briefing of Motion for Summary Judgment) because they have brought a jurisdictional challenge before the court and do not want to discuss the merits of the case until the jurisdictional questions are answered.
On June 18, 2011, the court dismissed the case on the grounds that the Plaintiff lacked standing to bring the case.