News

Judge set to rule on Department of Justice’s motion to dismiss by Oct. 14

Published on September 15, 2010

by ROV Group

(OfficialWire)

PENSACOLA, FL

Federal District Judge Roger Vinson said today he would rule on the Justice Department’s motion to dismiss the 20-state lawsuit against President Obama’s Affordable Care Act by October 14. Judge Vinson indicated that he would most likely dismiss several counts in the challenge, but still allow the case to proceed under at least one count—leading to jubilation among the mostly Republican attorneys general involved in the case.

“This day will be known as the Battle of Pensacola,” said Troy King, attorney general from Alabama, one of several plaintiff states represented at the hearing today in United States District Court for the Northern District of Florida, Pensacola Divion. “This was the day 20 states defended the Constitution and fought for individual liberties against government takeover,” King added.

The lawsuit claims that the sweeping reform of our $2.5 trillion dollar healthcare system violates the Commerce Clause of the Constitution and places additional financial burden on state governments. Challengers to the health care law include not only the 20 states, but also the National Federation of Independent Businesses, a small business lobbying group, as well as two private citizens. A small group of protestors for both sides held signs outside the courthouse, where numerous media trucks had parked by 8:15 a.m.

The DOJ argued that the states did not have standing in the case. Yet plaintiffs’ attorneys led by Washington, DC lawyer and Constitutional scholar, David Rivkin, countered that states had already begun spending in preparation for the law. Rivkin also noted the government was implying “cost-shifting” can only be done one way—theirs.

“This case is unprecedented,” Rivkin said in response to the DOJ accusing plaintiffs of ignoring 70 years of case law.

Judge Vinson said oral arguments would be scheduled for Dec. 16th on motions for summary judgments from both sides. Should the case proceed, it is likely to be decided eventually by the U.S. Supreme Court.

Source: http://www.officialwire.com/main.php?action=posted_news&rid=219362

Al-Awlaki is the first U.S. citizen to be put on the CIA’s targeted kill list

Published on August 27, 2010

by Susan Hardwicke

(OfficialWire)

IRVINE, CA
OfficialWire PR News Bureau

David Rivkin announced today that he will speak on President Obama's legal authority to target Anwar al-Awlaki, the first U.S. citizen ever to be on the CIA's targeted kill list.  The former imam gave sermons attended by three 9/11 hijakers and Nidal Malik Hasan, the Fort Hood shooter.  He is a spiritual leader to jihadists around the world and is believed to be a recruiter for al-Qaeda.

The event will be hosted by the Orange County (California) Lawyers Chapter of the Federalist Society.

About the Federalist Society

The Federalist Society for Law and Public Policy Studies is a Washington, DC-based organization of conservatives and libertarians interested in the current state of the legal order.  The Federalist Society has chapters in nearly 65 cities across the country and in cities in Europe.  The Society was founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is in the province and duty of the judiciary to state what the law is, not what it should be.  The Society seeks both to promote an awareness of these principles and to further their application through its activities.  For more information, visit www.thefederalistsociety.org.

About David Rivkin

David Rivkin is a frequent opinion editorialist for the Wall Street Journal and partner at the Washinton DC Baker Hostetler law office. He served in the Department of Justice during the Ronald Reagan and George H.W. Bush administrations. Mr. Rivkin co-chairs the Center for Law and Counterterrorism, a joint initiative of the Foundation for Defense of Democracies and the National Review Institute. He is also a Visiting Fellow at the Nixon Center and a Contributing Editor of the National Review magazine. He serves on the Federalist Society International Law Executive Committee and is a member of the Council on Foreign Relations.

Source: http://officialwire.com/main.php?action=posted_news&rid=208990