Wednesday, July 10, 2013

Don't miss Monday morning in Frankfort

Kentucky Senate President Robert Stivers and House Speaker Greg Stumbo have the same lawyer in their legal effort to escape accountability for enabling Gov. Beshear's unconstitutional Medicaid expansion under ObamaCare.

That might not work out so well for them.

Their attorney filed a motion to dismiss them from the tea party lawsuit challenging Medicaid expansion in Kentucky with ten pages of blather about legislative immunity, lack of standing and the same illegitimate whining about the mailing of court documents Beshear tried in his failed motion for the same case.

Here is part of our response:

"Defendants misconstrue the purpose for their inclusion as defendants in this suit and thereby waste precious time and space arguing for an imaginary "absolute" immunity from suit supposedly to protect the integrity of the legislative process and ensure the very survival of "direct representative democracy." Every single reference to this "absolute" immunity in case law, statute or Constitution contains qualifiers and exceptions, of which Plaintiff only requires two: "breach" and "corruption." Plaintiff alleges both."

The hearing on this matter will take place on Monday, July 15 at 9am ET in Franklin Circuit Court at 669 Chamberlain Avenue in Frankfort. Should be Courtroom #3. In any event, Judge Phillip Shepherd is presiding. Hope to see you there.