TX – Taitz v Sibelius

If anyone were still in doubt about Orly’s legal skills, the following responses filed by Michael Astrue et al should lay to rest any such concerns

Failure to follow Federal Rule of Civil Procedure for service:

Footnote 1:Taitz served the United States Attorney’s Office by certified mail on September 4, 2012. She does not appear to have served the Attorney General or any of the federal government agencies or official-capacity defendants, as required by Federal Rule of Civil Procedure 4(i).

Even if Jurisdiction Exists and Venue is Proper, Taitz Has Not Shown a Likelihood

of Success on the Merits, as She Fails to State a Claim Upon Which Relief May Be

Granted

If the Court looks to the merits, it should be clear that Taitz cannot succeed on any of her claims. Taitz challenges a law that she either misunderstands or misrepresents, and even a cursory reading of the relevant provision – together with decades of case law interpreting it, none of it cited by Taitz – demonstrates that her claims are without merit.
And much more..

Taitz’s motion for a preliminary injunction also contends that the religious conscience exemption violates her rights under RFRA and her First Amendment right to free speech. Neither of these claims was raised in her complaint, and thus neither provides a basis for her to obtain preliminary relief. Because the very purpose of a preliminary injunction is to preserve the parties’ positions until a final resolution of the merits, it would be illogical to enter a preliminary injunction with respect to a claim that the plaintiff’s complaint does not even seek to present.

09/20/2012 14 RESPONSE filed by Michael Astrue, William A Chatfield, Eric Holder, Barrack Hussein Obama, Kathleen Sebelius re: 7 MOTION to Stay of Health Care tax/penalty/fine MOTION for Hearing (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Proposed Order) (Risner, Scott) (Entered: 09/20/2012)

09/20/2012 15 MOTION to Dismiss filed by Michael Astrue, William A Chatfield, Eric Holder, Barrack Hussein Obama, Kathleen Sebelius with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Proposed Order) (Risner, Scott) (Entered: 09/20/2012)