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Irvin B. Nathan, HACK Pro Vice Attorney General for the District of Columbia (Washington D.C.) wants to see how SHORT-TIMER’S DISEASE affects Herbert B. Dixon, Jr., D.C. Superior Court Judge, District of Columbia (Washington D.C.), DC TAXPAYERS and the citizens and residents of the Fifty (50) United States of America when he PREEMPTS The Patient Protection and Affordable Care Act (ACA) for Obamacare

November 7, 2014 (11/7/2014)

Irvin B. Nathan, Attorney General for the District of Columbia, submitted:

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Civil Division

KIRBY VINING,

Plaintiff,

v.

EXECUTIVE BOARD OF THE
DISTRICT OF COLUMBIA HEALTH
BENEFIT EXCHANGE AUTHORITY, et al

Defendants

Case No. 14-6496
Judge Herbert P. Dixon, Jr.

MEMORANDUM OF POINTS AND AUTHORITIES IS SUPPORT OF
DEFENDANTS’ MOTION TO DISMISS THE COMPLAINT

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Page 2

Attorney General for the District of Columbia, Irvin B. Nathan, CLAIMED:

… DISTRICT of COLUMBIA LAW, … is

PREEMPTED

by the ACA and pertinent regulations

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Page 11

Attorney General for the District of Columbia, Irvin Nathan, CLAIMED:

In this case, FEDERAL LAW

PREEMPTS

the application of the LOCAL LAW establishing a 50-employee limit …

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Page 13

Attorney General for the District of Columbia, Nathan, CLAIMED:

II. THE ACA AND OPM REGULATIONS

PREEMPT

ANY CONTRARY D.C. LAW …

_________________________________________________

Case No. 2014 CA 006496 B
Judge Herbert B. Dixon, Jr.

February 25, 2015 (2/25/2015)

Judge Herbert Dixon, Jr. issued an:

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS THE COMPLAINT

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Page 2

… the Plaintiff asserts that neither the Patient Protection and Affordable Care Act (ACA) nor any implementing regulation expressly

PREEMPTS

the District’s Health Benefit Exchange Authority Establishment Act of 2011

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Page 9

Finally, even if OPM’s administrative rules and regulations were construed as conflicting with the District’s Health Benefit Exchange Authority Establishment Act of 2011, the court would necessarily conclude that the OPM’s rules and regulations

PREEMPT

the plaintiff’s asserted interpretation of D.C. Code (Section) 31-3171.01(11).(16)(A) …

_________________________________________________

July 13, 2015 (7/13/2015)

Attorney Michael Bekesha, Judicial Watch, Inc., submitted:

BRIEF OF PLAINTIFF-APPELLANT KIRBY VINING

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Page – 11 –

Attorney Michael Bekesha, Judicial Watch, Inc.,

QUESTIONS

why on November 7, 2014 (11/7/2014)

did Attorney General for the District of Columbia,

Irvin B. Nathan,

on behalf of:

Executive Board of the District of Columbia Health Benefit Exchange Authority
District of Columbia Health Bewnefit Exchange Authority
Mila Kofman (in her official capacity as Executive Director of the Authority)

CLAIM:

Page 2 … District of Columbia law, … is

PREEMPTED

by the ACA and pertinent regulations
——————————————————————
Page 11 … FEDERAL LAW

PREEMPTS

the application of the LOCAL LAW establishing a 50-employee limit …
——————————————————————
Page 13 II. THE ACA AND OPM REGULATIONS

PREEMPT

ANY CONTRARY D.C. LAW …
………………………………………………..
when six (6) days later, on

November 13, 2014 (11/13/2014)

in a case filed

July 3, 2014 (7/3/2014)

his colleague:

William F. Causey, Assistant Attorney General

(who is also listed on the documents filed with the District of Columbia Court KIRBY VINING case)

had ARGUED THE EXACT OPPOSITE FACTS

and the

District of Columbia District Court

AGREED with Assistant Attorney General, William F. Causey

in a case involving the same three (3) parties as the KIRBY VINING case:

1:2014cv01138 (BAH)

Executive Board of the District of Columbia Health Benefit Exchange Authority
District of Columbia Health Benefit Exchange Authority
Mila Kofman

American Council of Life Insurers v. D.C. Health Benefit Exchange Authority,
2014 U.S. Dist. LEXIS 160038, 26-27
(D.D.C. Nov. 13, 2014)

Defendants argued that the ACA

DOES NOT PREEMPT

D.C. law

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image
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The U.S. District Court for the District of Columbia agreed:

[E]xpress

PREEMPTION

IS CLEARLY UNAVAILABLE

………………………………………………..

The ACA . . . squarely addresses

PREEMPTION

and provides that:

NOTHING in this title shall be construed to

PREEMPT

any State law that does not prevent the application of the provisions of this title”

………………………………………………..

Express

PREEMPTION

CANNOT APPLY

because the ACA explicitly recognizes that State laws may be required to carry out the ACA mandate to provide minimum essential health coverage

………………………………………………..

Similarly, to the extent the plaintiff seeks to invoke “field”

PREEMPTION

by referencing

“the authority of Congress to reserve for itself exclusive dominion over an entire field of legislative concern,”

THIS EFFORT IS UNAVAILABLE

………………………………………………..

The ACA expressly grants the States the choice of operating their own Exchange, pursuant to state law, rather than adopt a Federal Exchange plainly undercutting any perceived congressional intent to control the entire field of local Exchanges

American Council of Life Insurers v. D.C. Health Benefit Exchange Authority,
2014 U.S. Dist. LEXIS 160038, 26-27
(D.D.C. Nov. 13, 2014)

The OFFICE of the ATTORNEY GENERAL for the DISTRICT of COLUMBIA

seems to think it should be able to have it

BOTH WAYS

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image
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November 13, 2014 (11/13/2014)
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https://www.pacermonitor.com/public/case/3956731/AMERICAN_COUNCIL_OF_LIFE_INSURERS_v_DISTRICT_OF_COLUMBIA_HEALTH_BENEFIT_EXCHANGE_AUTHORITY_et_al
_________________________________________________
1:2014cv01138
——————————————————————
https://dockets.justia.com/docket/district-of-columbia/dcdce/1:2014cv01138/167014
_________________________________________________
1:2014cv01138
——————————————————————
http://law.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2014cv01138/167014/36/
_________________________________________________
1:2014cv01138
——————————————————————
http://cases.justia.com/federal/district-courts/district-of-columbia/dcdce/1:2014cv01138/167014/36/0.pdf?ts=1415971712
_________________________________________________

Civil Action No. 14-cv-1138 (BAH)

Judge Beryl A. Howell

MEMORANDUM OPINION

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image
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Page 12

A. ACA DOES NOT PREEMPT

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image
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Page 13

1. PREEMPTION Principles

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Page 14

Notably, a general presumption AGAINST FEDERAL

PREEMPTION

of state law exists, particularly in areas traditionally reserved to the States
………………………………………………..

… courts “start with the assumption that the historic
——————————————————————
Page 15

police powers of the States were NOT to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress”

………………………………………………..

“To overcome the presumption AGAINST

PREEMPTION

[], the party asserting

PREEMPTION

must demonstrate

‘that the clear and manifest purpose of Congress’

supports

PREEMPTION

………………………………………………..

… the presumption which

“courts must consider when invoking the doctrine of

PREEMPTION,”

that

“in areas where States have exercised their historic police powers

(such as the HEALTH and safety of their citizens),

courts must start with a presumption AGAINST

PREEMPTION,

absent a

‘clear and manifest purpose of Congress'”

………………………………………………..

Consequently,

“when the text of a

PRE-EMPTION

clause is susceptible of more than one plausible reading, courts ordinarily accept the reading that DISFAVORS

PRE-EMPTION,”

since

“[t]hat approach is consistent with both federalism concerns and the historic primacy of state regulation of matters of HEALTH and safety”

………………………………………………..

This presumption AGAINST

PREEMPTION

may be overcome only if the court finds that the

PREEMPTIVE

purpose of Congress was

“clear and manifest”

………………………………………………..

2. Analysis of … PREEMPTION Claim

… express

PREEMPTION

IS CLEARLY

——————————————————————
image
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Page 16

UNAVAILABLE

………………………………………………..

The ACA amends, in part, the Public Health Services Act, which squarely address

PREEMPTION

and provides that:

NOTHING in this title shall be construed to

PREEMPT

any State law that does not prevent the application of the provisions of this title”

………………………………………………..

Express

PREEMPTION

CANNOT APPLY because the ACA explicitly recognizes that State laws may be required to carry out the ACA mandate …

——————————————————————
image
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Page 31

Moreover, the

“case for FEDERAL

PRE-EMPTION

is particularly weak where Congress has indicated its awareness of the operation of state law in a field of interest, and has nonetheless decided to ‘stand by both concepts and to tolerate whatever tension there [is] between them'”

As the defendants note,

“[h]ere, not only did Congress demonstrate its ‘awareness’ of the operation of state and local law in the regulation of the health-insurance industry in the ACA, it encouraged a collaborative approach, detailing ways in which States could generate funding to operate their Exchanges”

Accordingly, the ACA DOES NOT

PREEMPT

… as the ACA reflects the intent of Congress for the States to have broad flexibility to implement and operate State Exchanges

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image
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United States District Court for the District of Columbia

Civil Action No. 14-cv-1138 (BAH)

Judge Beryl A. Howell

American Council of Life Insurers v. District of Columbia Health Benefit Exchange Authority et al

Memorandum Opinion

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Dick Durbin, a Democrat, Senator from Illinois, in a letter to the IRS (October 11, 2010), requested that the IRS “quickly examine the tax status of Crossroads GPS and other (c)(4) organizations that are directing millions of dollars into political advertising”

Dick Durbin
Senator
Illinois
137.
October 11, 2010
In a letter to the IRS, Senator Dick Durbin, a Democrat from Illinois, requested that the IRS “quickly examine the tax status of Crossroads GPS and other (c)(4) organizations that are directing millions of dollars into political advertising”

_______________________________________________
Durbin Urges IRS to Investigate Spending by Crossroads GPS
http://www.durbin.senate.gov › press-releases
Oct 12, 2010 – October 11, 2010 The Honorable Douglas H. Shulman. Commissioner. Internal Revenue Service
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http://www.senate.gov/general/403.htm
_______________________________________________
Durbin: No regrets calling out Crossroads to the IRS | TheHill
The Hill › blog-briefing-room › news
May 26, 2013 – Durbin defended his decision to single out a key GOP group in a 2010 letter to the IRS
——————————————————————
http://thehill.com/blogs/blog-briefing-room/news/302005-durbin-no-regrets-on-calling-out-crossroads-to-irs
_______________________________________________
Senate Ethics Complaint Filed by Center for Competitive Politics
Jun 2, 2014 – Senator Richard
Durbin; October 17, 2012, IRS Deputy Commissioner for Services and Enforcement Steven T.
On August 11, 2010, the Democratic Congressional Campaign
——————————————————————

Senate Ethics Complaint Filed by Center for Competitive Politics

_______________________________________________
Testimony of Bradley A. Smith to the Senate Rules
Jul 23, 2014 – [17] On October 11, 2010, Senator Durbin wrote the IRS, asking the Agency to “quickly examine the tax
——————————————————————

Testimony of Bradley A. Smith to the Senate Rules and Administration Committee on the DISCLOSE Act of 2014

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Linchpins of Liberty v. United States
Case 1:13-cv-00777
October 18, 2013
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http://media.aclj.org/pdf/second-amended-complaint-filed-redacted.pdf
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I.R.S. ʟ I a R S
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How Unelected, Unaccountable Bureaucrats are Stealing Your Liberty and Freedom
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Why is the Internal Revenue Service Corrupt❓
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Police State OREGON (U.S.A.) What's Legal Educate Before You Recreate
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Photography Is Not A Crime PINAC
LESSON: Don’t get caught photographing in Police State OREGON (U.S.A.) because Federal Bureau of Investigation (FBI) Director James Comey is afraid you might catch Police State OREGON ‘Rodney Kinging’ someone, and then how will the Talking Heads of the Lame Main Stream Media; controlled by six (6) mega-corporations, be able to continue their propaganda that 99% of the Police State doesn’t break the Law❓

SARCASM . . . deal with it
Photography Is Not A Crime PINAC
Oregon Man Arrested for Recording Militarized Police Raid in Neighborhood
………………………………………………..
Photography Is Not a Crime
@PINACnews
Carlos Miller
@CarlosMiller
9/8/2014 September 8, 2014
——————————————————————
http://photographyisnotacrime.com/2014/09/08/oregon-man-arrested-recording-militarized-police-raid-neighborhood/
Photography Is Not A Crime PINAC
Man Was Recording ‘Militarized’ SWAT Raid When Things Took a Sudden Turn: ‘At First I Was Scared to Post This Video…’
………………………………………………..
The Blaze
@TheBlaze
@TheBlazeNow
Jason Howerton
@Jason_Howerton
9/8/2014 September 8, 2014
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http://www.theblaze.com/stories/2014/09/08/man-was-recording-militarized-swat-raid-when-things-took-a-sudden-turn-at-first-i-was-scared-to-post-this-video/
Police State How America's Cops Get Away With Murder Gerry Spence
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Case 2

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THE SECRET LIES OF THE FBI

Pg. 65

Portland Oregon

3/11/2004

attorney
Brandon Mayfield

Michele Longo Eder

4/7/2005 April 7, 2005
Dan Eggen
Washington Post
@WashingtonPost
________________________________________________
Flawed FBI Probe Of Bombing Used A Secret – Washington Post
Washington Post › National Security
Conyers Seeks Wider Inquiry
By
Dan Eggen
Washington Post
Staff Writer Thursday,
April 7, 2005
; Page A03
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http://www.washingtonpost.com/wp-dyn/articles/A32447-2005Apr6.html
________________________________________________
In Oregon the selection of a federal judge to try a newly filed case is made randomly by the court clerk’s computer

Judge Ann Aiken selected

Suddenly Judge Aiken was taken off the case by order of the chief judge

A short time later, attorney Elden Rosenthal, by mere chance, met Judge Aiken at a joint meeting of the bar and bench

Attorney Rosenthal told Judge Aiken he was sorry she was disqualified to sit on the case

Judge Aiken told Elden she’d been quite willing to sit on the case, but she’d been removed by the chief judge without any reason offered

Judge Aiken said this was happening frequently to her and another woman judge

Some of the senior federal judges in the district had apparently decided to secretly circumvent the random selection of the computer, leaving lawyers who practice before them believing that the random selection of judges was at work as usual

The chief judge, assigned the case to another senior judge in the circuit

That senior judge apparently wasn’t overly delighted to see attorney Gerry Spence of Wyoming, in Oregon federal court

That senior judge told a group of lawyers and judges at a judicial function that lawyer Gerry Spence would never be able to get away with the antics and tactics he pulled on Judge Haas in the Sandy Jones murder case

Judge Harl Haas, who sat on the Sandy Jones case, happened to be present when that senior judge made those public remarks

Judge Haas was offended and immediately advised attorney Spence of that senior judge’s prejudicial remarks

The above mentioned court rule providing for the random assignment of cases to judges protects both judges and litigants from any suggestion of impropriety

A motion was filed that set forth a summary of the facts and demanded the case be returned to Judge Aiken, the lawfully selected judge in the case

The POWERS that be decided that was a good idea, to reassign Judge Aiken to the case before someone started asking questions
Police State How America's Cops Get Away With Murder Gerry Spence Case 3 KILL HIM - DON'T HELP HIM

Case 3

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KILL HIM – DON’T TOUCH HIM

Pg. 91

City of Sandy Oregon

police officer
William Bergin

Clackamas County

deputy sheriff
David Willard

Fouad Kaady
9/8/2005
Police State How America's Cops Get Away With Murder Gerry Spence
News and case results – Part 5 – Spence Law Firm
http://www.spencelawyers.com
Jan 11, 2011 – June 1, 2010 | Oregon, Portland. Oregon Wrongful Death Civil Rights Case Settled. Gerry Spence
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http://www.spencelawyers.com/news-results/page/5/
Police State How America's Cops Get Away With Murder Gerry Spence
Oregon Wrongful Death Civil Rights Case Settled | Spence Law Firm
http://www.spencelawyers.com › 2010/06/01
Jun 1, 2010 – City of Sandy Police Department in Sandy, Oregon, found Fouad Kaady sitting cross-legged, silent
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http://www.spencelawyers.com/2010/06/01/oregon-wrongful-death-civil-rights-case-settled/
Police State How America's Cops Get Away With Murder Gerry Spence
Fouad Kaady family attorney issues statement – OregonLive.com
OregonLive.com
Mar 16, 2010 – Kent Spence of The Spence Law Firm in Jackson, Wyo., released a statement today regarding a $1
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http://www.oregonlive.com/gresham/index.ssf/2010/03/fouad_kaady_family_attorney_is.html
Police State How America's Cops Get Away With Murder Gerry Spence
Clackamas County to pay $1 million in Fouad Kaady shooting death
OregonLive.com
Mar 15, 2010 – Rick Bella | The Oregonian/OregonLive … 8, 2005, shooting of Fouad Kaady began with a bizarre
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http://www.oregonlive.com/gresham/index.ssf/2010/03/clackamas_county_settles_for_1.html
Police State How America's Cops Get Away With Murder Gerry Spence
Judge rules Fouad Kaady trial can proceed as planned | OregonLive
OregonLive.com › blog
Nov 26, 2008 – What happened: A federal judge’s ruling Wednesday paved the way for a trial in the case of a Portland
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http://www.oregonlive.com/news/index.ssf/2008/11/judge_rules_fouaad_kaady_trial.html
Police State How America's Cops Get Away With Murder Gerry Spence
What Happened To Fouad Kaady
fkaady.blogspot.com
Feb 6, 2008 – The family of Fouad Kaady, 27, has hired high-profile, flamboyant defense attorney Gerry Spence of Wyoming to argue the lawsuit
38970 Proctor Blvd., Sandy, Oregon 97055
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http://fkaady.blogspot.com/?m=1
Police State How America's Cops Get Away With Murder Gerry Spence
Fouad Kaady | Mental Health Association of Portland
http://www.mentalhealthportland.org
28 Seconds : The Killing of Fouad Kaady… Portland, and the equally tragic case of 27-year-old Fouad Kaady
Oregon State Senate Bill 111, passed in 2007, in part requires each Oregon county
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http://www.mentalhealthportland.org/tag/fouad-kaady/

http://www.mentalhealthportland.org/tag/fouad-kaady/page/2/
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The Fouad Kaady files – Oregon Local News – Pamplin Media Group
Portland Tribune
Aug 18, 2006 – Story surrounding Fouad Kaady shooting materializes with phonebook-size stack of files
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http://portlandtribune.com/component/content/article?id=101388
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Gerry Spence | Just another WordPress site
http://www.gerryspence.com
Lawyer and author of
“How to Argue and Win Every Time”
and
“With Justice for None”
Profile, publications and articles
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http://www.gerryspence.com/
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https://gerryspence.wordpress.com/
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