LOS ANGELES, CA--(Marketwire - December 21, 2010) - On December 20, 2010, Judge Davis Dowd, of the U.S. District Court, Northern District of Ohio, issued an order denying the Department of Justice's request to stay the U.S. Citizens Association v. Barack Obama suit until after the Sixth Court appellate proceedings of Thomas More v. Barack Obama. The decision backs the U.S. Citizens Association's (U.S.C.A.) argument that not all issues will be resolved by the Sixth Circuit in Thomas More. Three out of five counts petitioned by the U.S.C.A. are singular to the case against Obama and Obamacare.
Awarded very fast court filing deadlines, U.S.C.A. is moving forward with their case to be briefed with motions for summary judgment filed by January 10, 2011 and responses by January 24, 2011. An early to mid February Judge Dowd decision is expected. From that point the case will be transferred and heard in the Sixth Circuit Court of Appeals with a scheduling order expected around April or May of 2011. This would place the U.S.C.A.'s hearing in advance of the court's decision in the Thomas More case.
The three claims U.S.C.A. does not share with More and that are unique in the country to the U.S.C.A. v. Obama case are that the new healthcare law violated the freedom of expressive & intimate association guaranteed by the First and Fifth Amendments, the Due Process Clause of the Fifth Amendment and the constitutional right to privacy. In his denial of the defendant's request for stay, Judge David Dowd's decision stated, "After carefully considering the parties' arguments and their respective positions, the Court concludes that the balance of interests in this case weighs in favor of the plaintiffs and expeditious resolution so that the case can advance an appeal."
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