1. Exceeds Congress’s constitutional legislative power;
2. Violates individual liberties under the First Amendment, including the right of individuals to object to being forced to pay for abortions which they consider murder, thus violating the free exercise of their religion under the First Amendment;
3. Violates the Ninth Amendment, economic and personal liberties and rights which are reserved to the people;
4. Violates the Tenth Amendment of the Constitution which reserves rights to the individuals and the states;
5. Finally, constitutes an unconstitutional tax on the American people in violation of Article I, Section 2 and 9 of the Constitution.
Our initial goal is to sign up 10,000 plaintiffs before the lawsuit is filed in an appropriate venue, most likely in Texas. More Plaintiffs may be added in the future.
This litigation will be unique in several aspects:
3. It will be the People asserting their reserved natural rights under the Constitution.
Any individual of any state who wishes to be represented by The Justice Foundation in this litigation will soon be able to go to a special page on TJF’s website to sign up. An enrollment fee of $100.00 will be required for most individual plaintiffs. Plaintiffs may contribute greater amounts if they so desire. Contributions in excess of $100.00 are tax-deductible, but the $100.00 fee to become a member of the Plaintiff group will not be tax-deductible since the value of legal services received will vastly exceed the $100.00 contribution. The fee will be waived for those individuals who have suffered from having an abortion and who therefore represent a special group of Plaintiffs who will be asserting their First Amendment right not to be forced to pay for abortions which violate their religious beliefs and conscience. Members of this special group know from personal experience that abortion is deeply damaging to women’s health and being forced to pay for them is profoundly traumatic to them. Funds from other sources will be sought for these individuals.
Individuals who do not wish to be actual Plaintiffs may make a tax-deductible contribution to support these or other Plaintiffs.
The lead counsel for the case will be Allan Parker, President, and Clayton Trotter, General Counsel of The Justice Foundation – both former professors of law and licensed counselors before the U.S. Supreme Court.
Background & history: The Justice Foundation – proven commitment to Liberty!
The Justice Foundation (formerly the Texas Justice Foundation) was founded in 1993 to protect the fundamental freedoms and rights essential to the preservation of American society. Its name changed to The Justice Foundation in 2000, when it began major work to reverse Roe v. Wade and Doe v. Bolton, the two cases that brought legalized abortion to every state in the Nation.
The Foundation represents clients free of charge in cases in the areas of limited government, free markets, private property, parental school choice, parental rights in education, and enforcing laws to protect women’s health. The Justice Foundation is a nonprofit, public-interest litigation firm supported by tax-deductible contributions.
The Justice Foundation (www.thejusticefoundation.org) was involved in a major Supreme Court victory substantially limiting the power of Congress under the Commerce Clause in U.S. v. Lopez in 1994 and 1995. The Justice Foundation filed its first Amicus Brief at the Supreme Court and helped prepare the public defender who argued that case before the Supreme Court. For the first time in almost 60 years, the U. S. Supreme Court substantially limited the power of Congress to control education under the guise of the Commerce Clause.
The Justice Foundation’s second major victory at the U.S. Supreme Court came when its Amicus Brief was the only one cited by the U.S. Supreme Court when it upheld the ban on partial birth abortion on April 18, 2007, in Gonzalez v. Carhart. Citing testimony from women hurt by abortion and represented by The Justice Foundation, the Court stated that abortion is a “difficult and painful moral decision,” and that “severe depression and loss of esteem” can follow because some women come to regret “aborting the infant life” they once created and sustained.
Attorneys and staff of The Justice Foundation have appeared on numerous television and radio programs such as Hannity & Colmes, The O’Reilly Factor, Fox News, the BBC Radio, with late Dr. D. James Kennedy, and Pastor John Hagee, and have been featured in hundreds, if not thousands, of print articles including, but not limited to: the Los Angeles Times, New York Times, World Net Daily, and The International Herald Tribune.