What will the hundred dollars be used for?
This money will be used to pay filing fees, duplication of materials, court costs, maintaining client database, publicity and communications; for the time and efforts of the attorneys who will be writing and preparing the mass action suit, and The Justice Foundation staff, facilities, and all reasonable expenses supporting Project Liberty USA.
What if you don’t get 10,000 plaintiffs?
We will consider going ahead with the plaintiffs we have, or will join another similar lawsuit or file an Amicus (Friend of the Court Brief) in cases considering the same issue, including at the United States Supreme Court, whichever case gets there first.
What about the abortion issue? I thought that The President’s Executive Order prevented the government funding of abortions.
There are two problems with this. First, that order can be changed or rescinded at any time. Next, it is not actually part of the Healthcare Bill that was signed into law. The lawsuit will seek a declaratory judgment on this part as well.
Will citizen plaintiffs recover any money from this lawsuit?
No. This case is not seeking monetary damages; rather for the courts to declare the Healthcare plan unconstitutional and void.
What if I work for or belong to a 501(c) 3 or c4 organization, can I be a part of this lawsuit?
Yes. This is not lobbying, nor supporting a particular candidate or party. You would be joining this mass action lawsuit as an individual, not as an organization.
Can a 501 (c) 3 or c4 organization inform its members about this suit?
Yes. This is a justice effort. It is not lobbying or political campaigning or endorsing candidates or parties.
Due to my finances, I cannot afford the $100.00 fee. Can I still be a part of this litigation?
Yes, you can either ask someone to sponsor you or you can make payments according to the payment plan. You can pay 2 payments of $50/month, or 4 payments of $25/month, or 10 payments of $10/month, all by credit card.
Will I be asked to testify?
It is unlikely that anyone will be called to testify and those that do would be those who want to do so.
How is the Project Liberty USA legal action different from the class action suit filed by a Congressional candidate and does not charge a $100 enrollment fee?
First, this lawsuit is not political; it is brought by the people, for the people and represents the views of thousands of individuals across the country. It is also a “Mass Action”, not a “Class Action”. The $100 enrollment fee indicates that the plaintiff is serious about this issue and also covers administrative costs, legal costs, etc. (see above.)
How will this and other class action suits impact the TJF Mass Action?
They are totally separate, and in fact, the Project Liberty USA lawsuit is unique because it is representing individuals and also addresses the violation of the First Amendment by the government coercing others to fund abortion. A number of different lawsuits is actually a good thing because it can expose the issue to a greater amount of judicial review and create a split in the circuit courts, which makes this case more likely for Supreme Court Review.
Why is this Mass Action necessary when several states are filing legal action to stop the Healthcare Legislation?
We the people want our voices to be heard and represent a cross section of concerned individuals throughout America, not just one particular state.
Who are the attorneys working on this case, how many will be collaborating, and will this legal action be a top priority for them?
The litigation will be led by Allan Parker of The Justice Foundation and Clayton Trotter, The Justice Foundation’s General Counsel. Both are former professors of law with over 30 years experience. In addition, other lawyers with specialized expertise will be involved as necessary. The Justice Foundation’s work has been cited by the U.S. Supreme Court, most recently in Gonzales v. Car hart, April 18, 2007. In upholding the federal ban on partial- birth abortion, the Court cited the Foundation’s brief for the proposition that abortion is a difficult and painful moral decision. This precedent by TJF is a key building block for the claim in this case that there is a constitutional free exercise claim not to be forced to pay for abortion, which one considers “immoral”. The Court also cited the testimony of The Justice Foundation’s women hurt by abortion to say that abortion does cause “severe depression and loss of esteem.” Since The Justice Foundation has already convinced the Court that abortion is a difficult and painful moral decision that causes severe depression and loss of esteem, it should be easy to convince the Court the government can’t coerce others to pay for abortions. For more information visit www.thejusticefoundation.org.
How did the project leaders come up with the $1 million cost estimate to take the case to the U.S. Supreme Court?
This number was arrived at from past experience, as The Justice Foundation has taken cases to The Supreme Court in the past. With all these plaintiffs there is an incredible amount of documentation, accounting, and communications involved, along with filing fees, court costs, duplication costs, etc. This process will probably require 18 months to 3 years , of course, this is an estimation and it may cost more.
Will TJF post regular updates and share the ongoing budget details with plaintiffs?
The Justice Foundation will update plaintiffs on a monthly basis and more often if there are important developments in the case.
Where will the suit be filed?
The suit will be filed in Tyler, Texas.
