East Texas resident believes healthcare bill violates constitutional rights, files federal lawsuit

Michelle Massey, East Texas Bureau Mar. 29, 2010, 5:26am

An East Texas resident is fighting back against the recently enacted healthcare bill by filing a federal lawsuit that argues the act violates his constitutional rights.

Michael David Bellow Jr. claims it is up to Americans to challenge the healthcare bill.

"In the wake of the socialist and oppressive healthcare bill that was just signed into law, we as Americans must stand up and do our part to legally stop it," Bellows said.

Bellows states the act is unconstitutional and is a step toward socialism.

Asking for others to challenge the bill Bellow states, "We must get our hands dirty as well. We can no longer just leave it up to the politicians to try to fix this mess."

In an attempt to "fix this mess" Bellow filed a federal lawsuit on March 24 against the Department of Health and Human Services, Kathleen Sebelius in her official capacity as DHHS secretary, Department of the Treasury, Timothy F. Geithner in his official capacity as secretary of the Treasury, Department of Labor and Hilda L. Solis in her official capacity as secretary of the DOL.

The lawsuit argues that the Patient Protection and Affordable Care Act (H.R. 3590) violates Article I, the Fourth and Tenth Amendments to the Constitution.

"The Act is an unconstitutional encroachment into lives of individuals living in America by mandating that all citizens and legal residents of the United States have qualifying healthcare coverage and pay a tax penalty. The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty that all citizens and legal residents have qualifying healthcare coverage.

"By imposing such a mandate, the Act exceeds the powers of the United States under Article I of the Constitution and violates the Tenth Amendment to the Constitution," the lawsuit states.

Bellow argues that the tax penalty, which must be paid by uninsured citizens, constitutes an unlawful capitation or direct tax that violates the Constitution.

The lawsuit claims that the Act violates the Fourth Amendment by allowing unreasonable searches and requiring unwarranted access to personal health insurance records.

The lawsuit wants the court to declare that the defendants and the Act violate Bellow's "constitutional right of freedom, public health, and welfare." Bellow asks the Court to stop the defendants from enforcing the Act and to take the necessary actions to remedy their violations.

"We need to save the America we love right now before the current politicians have done so much damage that if can never be fixed," Bellow said.

U.S. District Judge Ron Clark is assigned to the litigation and has referred the case to Magistrate Judge Keith F. Giblin.

Case No 1:10cv00165

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