This just out from Republicans Overseas:
Yesterday [29.12.2015] Mr. Bopp filed his 36-page Plaintiffs’ Memorandum in Opposition to Defendants’ Motion to Dismiss in the US District Court for the Southern District of Ohio. DOJ lawyers asked Judge Rose to dismiss our lawsuit.
Mr. Bopp argued the lawsuit is justiciable for three reasons: plaintiffs have standing, the Anti-Injunction Act does not bar plaintiffs’ claims, and plaintiffs Eight Amendment claims are ripe for adjudication.
Mr. Bopp further argued plaintiffs should be granted relief requested based on their claims for four reasons: the IGAs are unconstitutional sole executive agreements, reporting requirements violate equal protection for Americans living abroad, the challenged penalties violate the Excessive Fines Clause, and reporting requirements violate the Fourth Amendment.
Now we are waiting for Judge Rose’s ruling not only on this matter, but also on Plaintiffs’ Motion for Leave Amend Complaint. We expect both rulings will be handed down in 2016. This only means our fight to defend 8.7 million overseas Americans’ constitutional rights continues. Happy New Year!
Link to Republicans Overseas Facebook Post (thanks to Keith Redmond): Mr. Bopp filed his 36-page Plaintiffs’ Memorandum in Opposition to Defendants’ Motion to Dismiss in the US District Court for the Southern District of Ohio
The entire pleading may be downloaded here: Plaintiffs’ Memorandum in Opposition to Defendants’ Motion to Dismiss
Related IBS posts about the “Bopp” lawsuit:
Judge Rose denies plaintiffs application for injunction in the Bopp FATCA Legal Action Lawsuit.
Finally the Bopp suit has arrived
And as a reminder, link to the FATCA Legal Action site if you would like more information or to donate towards the effort: