- FOXNews.com  - April 13, 2010

Citizens Opposed to Health Care Law Join Lawsuit Against Democratic Leaders

By Lauren Miller  - FoxNews.com

More than 5000 Americans have joined a lawsuit against President Obama, House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid that challenges the constitutionality of the entire health care law. While several lawsuits are pending against the health care law, this lawsuit may be the only one taking broad aim at the law's constitutionality.

Tennessee attorney Van Irion, a Republican candidate for Congress, filed the complaint Thursday in Eastern Tennessee’s Federal District Court. Irion allows concerned citizens to join the lawsuit through a form on his Web site.

"We've been surprised at how many people from across the country want to join," Irion said in an e-mail to Fox News.

Eighteen state attorneys general and other individuals have filed suits that attack only the specifics of the health care law. This is an attack on the law's very foundation, claiming that nothing in the Constitution grants the federal government authority to regulate health care. Therefore the plaintiffs claim the law violates the 10th Amendment that reserves powers not granted to the national government to the states.

The complaint claims that the high-profile Democratic defendants abused their power and violated their oaths of office. The suit claims they failed to uphold and defend the Constitution by supporting legislation the plaintiffs say is unconstitutional. The plaintiffs argue the defendants violated their constitutional rights, and they are seeking “injunctive relief, declaratory relief,” and “damages to redress and remedy of the violations” to prevent “irreparable harm and future violations” of their rights and the rights of others.

A constitutional law professor at Emory University says this lawsuit is unique because it questions the long-standing interpretation of the Constitution’s commerce clause. That clause, which says that Congress has power to regulate commerce among the states, is central to this lawsuit. During Franklin Roosevelt's presidency, after passage of the New Deal policies, the Supreme Court broadened the definition of "commerce" to allow more federal regulation, setting a precedent that stands today.

“I think [this lawsuit] is different,” Robert Schapiro said . “It doesn’t even really pretend to argue under the way the Constitution is [currently] interpreted. It’s saying we should have some other interpretation of the Constitution.”

Confronting and reversing the court's precedent is Irion's goal.

“It’s a direct challenge to the Supreme Court’s commerce clause precedent of the 1930s and '40s,” Irion said. “If the Supreme Court was to overturn its commerce clause precedent, the size and authority of the Federal Government would be slashed.”

Irion says he is taking this case pro bono. The initial plaintiff was Anthony Shreeve, a Tennessee Tea Party activist, but now the complaint will be changed to include the hundreds of individuals and companies from every state that have signed on as plaintiffs. Irion is seeking class-action status for the suit.

The plaintiff registration process is relatively simple, and any individual or company can participate, according to Irion. After each person signs up, his or her contact information and place of residency is confirmed, and then they are added to the complaint as plaintiffs. No attorney fees or costs will be charged to them.

Though the lawsuit is unique, Schapiro says ultimately it lacks merit, and that the legislation is on firm Constitutional footing, based on precedent from Supreme Court cases on commerce regulation.

“It would be unwise and destabilizing to say we should try to abandon the evolution of the Constitution that has taken place over so many years, and to start from scratch and reconstruct a constitutional system from that,” Schapiro said.

By law, the defendants have 60 days to respond to the complaint. Schapiro says they will most likely move to dismiss the lawsuit “on a number of different grounds.”

The suit was prompted by the Tennessee attorney general’s announcement that he would not file a suit against the federal law. Irion says his intent in filing the suit was to give the citizens of Tennessee a voice, but the idea has caught on around the nation.

Irion is running for Tennessee’s Third Congressional District seat. Long-time Republican incumbent Rep. Zach Wamp is leaving to run for governor. Irion faces an uphill battle. As of Dec. 31, he had less money than any of the six other Republican candidates, according to federal filing records. He had only $304 cash on hand, compared to Republican candidate Charles J. Fleischmann’s $451,369.

http://www.foxnews.com/politics/2010/03/25/wealthy-donor-sues-tea-party-convention-organizer-palins-fee/

Updated March 25, 2010

Wealthy Donor Sues Tea Party Convention Organizer Over Palin's Fee

By Lauren Miller

 - FOXNews.com

A wealthy donor to the first National Tea Party convention last month has sued the convention organizer over a disagreement about the terms for helping to pay Sarah Palin's speaking fee -- launching a legal battle that threatens to tarnish plans for the next big get-together in July.

Bill Hemrick, a wealthy conservative and founder of the Upper-Deck baseball trading card company, filed suit Wednesday against Judson Phillips, founder of the Tea Party Nation and organizer of the February convention held in Nashville.

Hemrick loaned Phillips half of Palin's $100,000 speaking fee to secure the 2008 GOP vice presidential candidate as the convention's keynote speaker on the condition that he could be a part of Phillips' developing political action committee.

Hemrick said that after Phillips took the money, he backed out of the committee deal, and then barred Hemrick from attending the convention and Palin's speech.

The lawsuit filed in Williamson County, Tenn., seeks $500,000 in damages claiming defamation, false light, promise without intent to perform and intentional misrepresentation. It claims that Phillips had no intention of ever letting Hemrick participate in the political action committee and alleges that Phillips damaged Hemrick's reputation in a written statement.

"I only got involved in the political thing to try to make a difference, and because of the events that happened, I was kind of denied that privilege," Hemrick said.

Others back up Hemrick's claim. Tennessee Tea Party activist Anthony Shreeve, who was on the convention's planning committee until he was asked to resign because of a dispute with Phillips, said that Hemrick was solely responsible for getting Palin on the bill, and as a result, the reason the convention was so successful.

Hemrick said he didn't sue before the convention, because he did not want to hurt the Tea Party Movement itself.

"It's not vindictive. I don't want to hurt [Phillips]," Hemrick said. "I just want him to do what he said he was going to."

Phillips is currently in Las Vegas, making plans for the next Tea Party convention. A lawyer himself, he dismissed Hemrick's claims.

"I have not seen the lawsuit yet, so I can't comment on specifics. I am absolutely confident the suit is meritless, and I anticipate there will be a verdict for us," Phillips said.

With the new convention in the lineup, a win from Hemrick could poke a hole in Tea Party Nation's finances and reputation.

The reputation, however, was shaky from the start. Speakers, sponsors and even volunteers backed out of the convention once they learned that Tea Party Nation was a for-profit company. The convention's PayPal account for ticket payments was linked to a personal e-mail address belonging to Phillips' wife, Sherry.

Based on an analysis of internal documents showing approximate costs of the first convention, Tea Party Nation should have made a profit between $100,000 and $200,000.

The second convention scheduled for July 15 to 17 in Las Vegas will accommodate up to 2,000 conference attendees alone, and ticket prices will hover around $399; ticket prices are about $150 cheaper than the first convention. Phillips predicts attendance could more than double.

Hemrick said he does not begrudge Phillips for making a profit in a capitalist economy, but his own motivations are to support conservatives and the tea party movement.

"My involvement was simply to raise funds for political candidates," Hemrick said. "Not one dime would ever go in my pocket."

http://www.foxnews.com/politics/2010/02/02/tea-party-nation-prepares-convention-partiers-balk-profit-event/

Updated February 02, 2010

'Tea Party Nation' Prepares Convention, But Partiers Balk at For-Profit Event

By   Lauren Miller

 - FOXNews.com

The first National Tea Party Convention is slated for the end of this week, but several big names and events have cancelled after questions rose about the high fees to attend and the treasure chest where the money will end up.

Over the past few weeks, several sponsors, speakers and volunteers have backed out of the convention, scheduled Feb. 4-6 at Opryland Hotel in Nashville, Tenn., after learning that the convention organizer, Tea Party Nation, is a for-profit company. Some activists and outsiders alike are questioning the motives of Tea Party Nation founder Judson Phillips.

"It seems to me like it's going to be a bunch of people who want to stand in front of our movement and lead it as parade leaders rather than being somebody who wants to walk with us in the parade," said Scott Boston, member of Bowling Green Ohio Tea Party Patriots.

Phillips originally said profits from the convention would fund a tax-exempt, "527" political organization that would air ads to promote conservative candidates.  But Phillips later told Politico that plans for the 527 group may not fly. 

"We're still not even done with the convention yet and there may not be any profits. We could still end up losing money on this convention," he is quoted saying.

Because the use of any proceeds from the event haven't been established, a House ethics committee review insisted last week that Reps. Michelle Bachmann of Minnesota and Marsha Blackburn of Tennessee withdraw from the conference. 

The event's main sponsor, American Liberty Alliance, dropped its sponsorship after learning that those who purchased tickets paid for them through PayPal accounts linked to an e-mail address belonging to Phillips' wife.

National Precinct Alliance has canceled precinct strategy workshops. Meanwhile, American Majority scrapped plans for two sessions at the convention and withdrew its sponsorship.

The national convention that began as a way to unify tea party activists from across the country is now threatening to divide them. Some of Tea Party Nation's own volunteers and members have rejected the convention because they see profiteering and fear a Republican Party takeover. 

Most tea party groups want to stay separate from the GOP, but very few are pushing for the movement to become a third party.

Saturday night's keynote speaker Sarah Palin remains committed to the event.

"Oh, you betcha I'm going to be there," Palin told Fox News. "I'm going to speak there because there are people traveling from many miles away to hear what that tea party movement is all about."

Palin's speaking fee is $100,000. She said she will donate the money to campaigns, candidates and issues. As a down payment for Palin's fee, Phillips reportedly borrowed $50,000, much of it from a baseball card mogul. He missed his first payment.

Tickets to see Palin are $349 and participants can attend the entire event for $549.

Critics say that the convention's ticket prices are too high for a grassroots event, and most tea partiers will skip the convention simply because they can't afford it.

"We're limited on our funds," said Greg Fettig, Hoosier Patriots. "We don't have backers. It's coming out of our pockets."

Fox News' Jonathan Serrie contributed to this report.

Published on April 21, 2009 by Lauren Miller

Dear Atlanta Braves:

It has come to my attention that your bullpen is worse than ever before. The bullpen has almost always been substandard, but here in the early stages of the 2009 season, they have already managed to reach a new low.

Let’s take a look at game three against the Phillies. On their way to a series sweep, the Braves had a seven-run lead going in to the seventh inning. Relievers Eric O’Flaherty, Peter Moylan and Blaine Boyer handed over eight runs, four of which were walked in during a disastrous seventh inning, in which the Phillies took an 11-10 lead.

In the eighth inning, Jorge Campillo pitched to two batters and gave up another run. The guys on the mound looked so ridiculously bad it was as though the angels from “Angels in the Outfield” decided to help out the Phillies and make Atlanta look like a bunch of pansy schoolgirls. As manager Bobby Cox put it, “All hell broke loose.” The Braves went on to lose, 12-11.

Since that nightmare of a game, the bullpen has shown no signs of significant improvement. By the end of the unsuccessful series with the Marlins, Moylan had an ERA of 20.25, and Boyer’s ERA was 40.50. And no, that is not a typo. Although many are rejoicing that Boyer was traded, there is still work to be done.

If drastic changes aren’t made very soon, all hope will be lost for the Braves. Therefore, for once, spend some money on your bullpen and get rid of the trash! Can’t you see that with these guys in the rotation, scoring runs doesn’t even matter? If the bullpen can single-handedly blow a seven-run lead in the seventh inning, no lead is safe.

So please, for the love of the Almighty Father, do the right thing for your team and reconstruct the bullpen. Both the fans and the team could all go without one more season of almost-heart-attacks, sheer agony and of course, hatred toward our own relievers.

Sincerely yours,

Braves fans everywhere

P.S. - While you’re at it, we could also do without Kelly Johnson at second base.

By Lauren Miller

The Atlanta Braves will finally jump into the 2009 regular season on April 5 against the Phillies in Philadelphia, but in order for fans to prepare for the upcoming season, reading “The Essential Braves Get-Up-To-Speed Recap” is a must. 

            Despite the many setbacks last season and during the postseason, things are looking up for the Braves this year. There are things a potential Braves game attendee should know before heading to Turner Field this season, so here is a look at some of the changes and events, both good and bad, that could make things seem a bit different in 2009.

The Good:

Hot new pitching staff - What more can you ask for than ace Derek Lowe and Japanese star Kenshin Kawakami to join the pitching staff? The Braves have been in desperate need of a solid starting rotation for years, and these two guys may be the solution.
          Promising spring training – “We’ve really improved our team,” manager Bobby Cox said toward the end of spring training. Although spring training is just exhibition, the Braves have fared well, and hope to continue with the same drive straight into the regular season.

Best buds work off those pounds – Jeff Francoeur and Brian McCann have cut back on the pre-game nachos and lost 20 pounds each since September. Right fielder Francoeur went from hero to zero last season, but he hopes that the changes in his weight and his swing will help drastically improve his game. He also shaved the hobo-ish beard, which was a good call.

The Not-So-Good:

John Smoltz is in Boston - This one is pretty devastating to the morale. The guy who was essentially the face of the Atlanta Braves is now playing with the Red Sox. At least we’ve still got Chipper.

Welcome to Atlanta, Griffey! Oh wait, just kidding – What the heck was that all about? Ken Griffey Jr. just could not make up his mind when it came to choosing between Atlanta and Seattle. He had a sentimental spot for Seattle, but Atlanta was only an hour by plane to his family in Orlando. The announcement was supposed to come two days before it finally did, and during the waiting game, the AJC actually reported that Griffey was coming to Atlanta. Unfortunately, that was not the case, and Griffey decided to stay true to his old stomping ground in Seattle. Better luck next time, Griffey’s family.

Rafael Furcal is a jerk – We almost had him back. After the Braves were so good to this kid in 2004 when he was waiting to go to jail on DUI charges, he left. Now, the least he could do is not play the entire Braves organization like a shameless hussy and pretend he is coming back to Atlanta just so some other team would get jealous and snatch him up. Unfortunately, deceiving the team is exactly what he and his agent did, and now they are on the Braves’ official poop list. Very near the top of it, mind you.

The Ugly:

The passing of Skip Caray – This deserves its own category. What is a Braves fan to do without Caray’s voice guiding listeners through the play-by-play nearly every night during the season? He was just as much a part of the Braves as any player on the team, and the Atlanta airwaves just won’t be the same.

Now that you’re up to speed, you can safely head downtown for the home opener on April 10 without making a complete fool out of yourself by wearing a Ken Griffey Jr. jersey, holding up a diet coke sign for Francoeur, or asking, “Hey, when did we get a Japanese kid?” I guarantee you, that person will be there. Don’t let it be you. 

Lauren Miller

February 26^th, 2009

   Barry Bonds has an extremely big head and a voice higher than a 12-year-old girl’s. I know it sounds harsh, but I only call him out on these attributes because they were both caused by gobs of steroids. Now, how many more players must endure through unsightly head growth and voice modulation (not to mention a certain shrinking extremity) before something is done about the serious issue of steroids in Major League Baseball?

   Although many seem to have already accepted MLB players’ wide use of performance-enhancing drugs as the norm, one very important man has all but accepted it, and there could be some big consequences for those who have been on the juice.

   In a recent interview with USA Today, MLB Commissioner Bud Selig made his feelings on the vast use of performance-enhancing drugs very clear: he is saddened and disgusted.

   The thing that tipped him over the edge is Alex Rodriguez’s recent confession of using performance-enhancing drugs from 2001-2003. Selig is considering taking action against A-Rod.

   Selig even went as far as to say that he would not completely rule out changing the record book to reinstate Hank Aaron as home run king.  “Once you start tinkering, you create more problems. But I’m not dismissing it. I’m concerned. I’d like to get more evidence,” said Selig.

   Although it is true that “tinkering” with the record book may open up a can of worms, in the long run, it would be worth it. It’s simple: Using steroids is illegal. Using steroids is cheating.

   Chances are, Selig will wimp out and do nothing about the steroid situation. If he does takes action, he will face opposition and possible defeat. Without a doubt, Selig must at least step up and try to do something about this mess. After all, that is his job as commissioner.

    Ironically, Hank Aaron himself takes a different stance on the situation. He wants things to be left alone.

   “[The all-time home run record] is probably the most hallowed record out there, as far as I'm concerned, but it’s now in the hands of somebody else. It belongs to Barry. No matter how we look at it, it’s his record, and I held it for a long time,” Aaron said to the Atlanta Journal Constitution. Oh,  Hammerin’ Hank, stop being so damn submissive and claim what is rightfully yours!

   Even if Aaron meant those words with all of his heart and is completely content with the way things stand, something still must be done for the sake of baseball’s future.

   If action is not taken now, more and more records will be broken by players who cheated their way to the top. The record book will be tarnished, and so will Major League Baseball’s reputation. The clean players who bust their butts season after season deserve better, and the fans deserve better.

   So Commissioner, get angry and take control. Suspend Alex Rodriguez. Go through the record book with a fine-tooth comb, some white-out, and a pen, and erase Barry Bonds and all of the other large-headed, cheating sopranos. Stir things up a bit, and show baseball that even if you go down, you go down swinging.

Lauren Miller

February 10^th, 2009

   While knocking on wood in order not to jinx this, I’ll admit it: So far, the Braves have a good looking pitching rotation. On paper, perhaps the best looking rotation that they have seen in years. It includes newfound ace Derek Lowe, Kenshin Kawakami, Javier Vasquez, Jair Jurjens, and perhaps Tim Hudson and Tom Glavine, if they stay healthy enough.

   Unfortunately, John Smoltz’s recent decision to play for the Boston Red Sox excludes him from this rotation for the first time in his career, and his departure leaves many fans disappointed and forlorn. I will do my best to move on and look forward to what is potentially a promising season for the Braves, but first, I will speak my peace.

    On the surface, Smoltz’s decision to leave comes down to money; however, he previously turned down better offers from other teams in order to stay with the Braves.

   While the Red Sox reportedly offered him $5.5 million and an additional $5 million in incentives, the Braves only coughed up a mere $2 million, putting up less of a fight than an early Mike Tyson opponent. Smoltz’s departure had nothing to do with money: it had everything to do with a lack of respect. 

   All General Manager Frank Wren had to do was offer an extra $3-5 million dollars to keep Smoltz. As Atlanta Journal Constitution reporter Jeff Schultz pointed out, that is $40 million dollars less than the Braves spent on Mike Hampton in the past 3 years. That’s right, the same Mike Hampton who has been on the DL for the last century and refuses to pitch every time he gets a boo-boo. This puts it all into perspective. Is there any logical, valid excuse as to why the future Hall-of-Famer Smoltz, who played through and bounced back from countless severe injuries, was essentially treated as an inferior to Mike Hampton?

   Smoltz has spent his entire 21-year major league career with the Braves, and he is the only Braves player to experience the 14 straight seasons of post-season play. He pitched in 708 games, and is the only pitcher in history to collect 210 wins and 154 saves. He is a National League Cy Young Award winner, eight-time All-Star, has over 3,000 career strikeouts, holds several Braves records, and he is a 1995 World Series champion. If all of that is not worth an extra $3 million, I don’t know what is.

   Veteran teammate and friend Chipper Jones has been extremely outspoken on the issue, saying, “Of all the gambles that we’ve taken that didn’t pan out over the years, [keeping Smoltz] is one gamble that you want to take. For a couple of million dollars, I’m sorry, I just don’t understand this.” Other than Manager Bobby Cox, Jones will be the only remnant of the “classic” team. 

   Like many fans of my generation, I do not know the Atlanta Braves without John Smoltz. As far as I was concerned, John Smoltz was the Atlanta Braves. He was always working hard, laughing with his teammates, talking about his faith, and doing good work in the community.

   I clutched a radio for over an hour and jumped up and down as I listened to him save a post-season game against the Astros in 2004. I remember watching him cry in the dugout as the Yankees defeated the Braves in the 1996 World Series, and boy, I cried with him.

   After a while, you start to feel like you know the players who take the field every season, and John Smoltz was perhaps the most familiar. Even if the Braves’ bullpen is on fire and Smoltz has the worst season of his career, he will still be irreplaceable to Atlanta. Frank Wren might see it differently, but I know I speak for the fans when I say that as a player and a person, John Smoltz is priceless.