Pupura v Sebelius Dismissed

Nicholas E. Purpura

The anti-health care bill case with a Birther component has been dismissed by federal Judge Freda Wolfson in the District of New Jersey. One of the counts challenged the Affordable Care Act because the plaintiffs claimed that Obama was ineligible. Judge Wolfson dismissed the case because she said the plaintiffs lacked standing and did not show any particularized injuries from the act.The decision could have been copied from almost any of the Birther cases.

The Judge also noted that the plaintiffs consistently pretended to represent "We the People" in a footnote:

1 The Court is compelled to note that although Plaintiffs claim to represent “We the People” and the “citizens of the State of New Jersey,” Compl. ¶¶ 2, 11, Plaintiffs are not attorneys and this lawsuit has not been brought as a class action. Moreover, no individual signed the Complaint other than the named Plaintiffs. Thus, the Court considers this as a challenge to the Act brought solely on behalf of the two individual Plaintiffs – Messrs. Purpura and Laster.

Pupura and Laster  thus continue the Birther's amazing streak of losses in courts at all levels. Based on his previous vitriolic ranting that Judge Wolfson could not in good conscience dismiss this case and his impatience at obtaining a ruling on the motion to dismiss we expect their response will provide great entertainment. Pupura was recently quoted at the Essex County Conservative Examiner:

Purpura said that if he does not hear from the court soon, then he will ask the Third Circuit Court of Appeals for a writ of mandamus to compel Wolfson to act, and is also considering filing a complaint for judicial misconduct.

It appears that Judge Wolfson acted.