Changes

=== Filing for a TRO ===

=== Filing for a TRO ===

On 1 October 2010, Purpura and Laster filed a motion for a Temporary Restraining Order,<ref name=TRO>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/citizens-file-for-temporary-injunction-against-hcr-bill|title=Citizens file for temporary injunction against HCR bill|publisher=Essex County Conservative Examiner|date=2010-10-01|accessmonthday=January 9|accessyear=2011}}</ref> seeking to stop enforcement of HR 3590 immediately. Chief Judge Garret E. Brown refused to sign the order, and simply ordered the two men to serve the order without a judge's signature on the defendants. He then transferred the case to Judge Freda L. Wolfson. On 12 October, the two men wrote to the judge to ask her to sign the order,<ref name=TROsign>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/pro-se-anti-hcr-plaintiffs-ask-judge-to-sign-tro|title=Pro se anti-HCR plaintiffs ask judge to sign TRO|publisher=Essex County Conservative Examiner|date=2010-10-12|accessmonthday=January 9|accessyear=2011}}</ref> but the judge ignored their request. On 19 October, [[Department of Justice]] Trial Attorney Ethan P. Davis wrote the judge and suggested that she deny the TRO immediately, because the two men could never demonstrate a likelihood of success on the merits, or that irreparable harm would come to them. He further said that the Department would "demonstrate in subsequent briefing" that each of the fifteen counts listed above was without merit. The letter bears the signatures of Assistant Attorney General Anthony West, his deputy Ian Heath Gershengorn, New Jersey US Attorney Paul Fishman, and two other Justice Department officials. (The presence of Fishman's signature is especially important, because by placing his signature on this document, Fishman indicates his awareness of the case. If the Justice Department intended to file a motion-to-dismiss alleging insufficient service on the basis of Purpura and Laster's initial failure to serve Fishman, ''Fishman had no business placing his signature on that letter.''

On 1 October 2010, Purpura and Laster filed a motion for a Temporary Restraining Order,<ref name=TRO>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/citizens-file-for-temporary-injunction-against-hcr-bill|title=Citizens file for temporary injunction against HCR bill|publisher=Essex County Conservative Examiner|date=2010-10-01|accessmonthday=January 9|accessyear=2011}}</ref> seeking to stop enforcement of HR 3590 immediately. Chief Judge Garret E. Brown refused to sign the order, and simply ordered the two men to serve the order without a judge's signature on the defendants. He then transferred the case to Judge Freda L. Wolfson. On 12 October, the two men wrote to the judge to ask her to sign the order,<ref name=TROsign>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/pro-se-anti-hcr-plaintiffs-ask-judge-to-sign-tro|title=Pro se anti-HCR plaintiffs ask judge to sign TRO|publisher=Essex County Conservative Examiner|date=2010-10-12|accessmonthday=January 9|accessyear=2011}}</ref> but the judge ignored their request. On 19 October, [[Department of Justice]] Trial Attorney Ethan P. Davis wrote the judge and suggested that she deny the TRO immediately, because the two men could never demonstrate a likelihood of success on the merits, or that irreparable harm would come to them. He further said that the Department would "demonstrate in subsequent briefing" that each of the fifteen counts listed above was without merit. The letter bears the signatures of Assistant Attorney General Anthony West, his deputy Ian Heath Gershengorn, New Jersey US Attorney Paul Fishman, and two other Justice Department officials.

In addition to the above, this letter was not a formal motion and was not even formatted as such. Nevertheless, Judge Wolfson issued an order the next day, denying the TRO. Purpura and Laster filed a reply affidavit, essentially asking Wolfson to reverse herself and enjoin the government after all. When she would not do this, Purpura and Laster then asked her to recuse herself from the case entirely.<ref name=recuse>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/nj-anti-hcr-plaintiffs-demand-that-judge-recuse-self-from-case|title=NJ anti-HCR plaintiffs demand that judge recuse self from case|publisher=Essex County Conservative Examiner|date=2010-10-31|accessmonthday=January 9|accessyear=2011}}</ref> Wolfson refused to do this.

In addition to the above, this letter was not a formal motion and was not even formatted as such. Nevertheless, Judge Wolfson issued an order the next day, denying the TRO. Purpura and Laster filed a reply affidavit, essentially asking Wolfson to reverse herself and enjoin the government after all. When she would not do this, Purpura and Laster then asked her to recuse herself from the case entirely.<ref name=recuse>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/nj-anti-hcr-plaintiffs-demand-that-judge-recuse-self-from-case|title=NJ anti-HCR plaintiffs demand that judge recuse self from case|publisher=Essex County Conservative Examiner|date=2010-10-31|accessmonthday=January 9|accessyear=2011}}</ref> Wolfson refused to do this.