Federal Judge Grants Injunctive Relief from HHS Mandate for Five Non-Profits

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On Monday, January 13, 2014, Federal District Judge Stephen J. Murphy, III, granted injunctive relief to five additional non-profit organizations in the Thomas More Law Center’s newest challenge to the HHS Mandate filed in the Federal District Court for the Eastern District of Michigan.

This newest challenge on behalf of the five non-profit entities was brought by Erin Mersino, trial counsel with the Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor, Michigan.  The non-profit Plaintiffs include the Ave Maria Foundation, Ave Maria Communications (aka “Ave Maria Radio”), Domino’s Farms Petting Farm, Rhodora J. Donahue Academy Inc., and the Thomas More Law Center, all founded by Catholic philanthropist Tom Monaghan.

Murphy with CaptionIn granting the injunction, Judge Murphy noted that the Plaintiffs showed “a strong likelihood of succeeding on the merits” of their case.  The Court rejected the government’s argument that the accommodation to the Mandate, which required the Plaintiffs to either pay for contraceptives and abortion-causing drugs directly or sign a “self-certification” which would act as a permission slip to their insurance company to pay for contraceptives and abortion-causing drugs, was sufficient to alleviate the Plaintiffs’ constitutional objections.  The government belittled the Plaintiffs’ religious beliefs by nakedly claiming that the Mandate did not violate them—despite the Plaintiffs’ sworn statements to the contrary and the government’s own position that never challenged the sincerity of the Plaintiffs’ religious beliefs.

The Court, in rejecting the government’s position, proclaimed that “It is not the government’s business to decide what behavior has religious significance.”

The Court also made note of the “sheer number of exemptions” which allows other companies to avoid compliance with the Mandate, while the Plaintiffs did not qualify for an exemption and without judicial intervention would be forced to comply.  The Court recognized that since so many are exempted by the government from complying with the Mandate, there is no necessity for the Plaintiffs to comply at the expense of violating their sincerely held religious beliefs.

The injunction protects the five entities from any compliance with the HHS Mandate. The government’s Mandate would have required the Plaintiffs to facilitate access to contraceptive and abortion-causing drugs and devices, as well as sterilization procedures, through their health insurance plan.

The Plaintiffs originally filed their federal lawsuit on December 20, 2013, and on December 23, 2013, they filed an Emergency Motion for a Temporary Restraining Order.  On December 31, 2014, hours before the Mandate would have been implemented against the Plaintiffs, the Court issued the Temporary Restraining Order blocking the enforcement of the Mandate and protecting the Plaintiffs for a limited fourteen day period while the Court considered the Plaintiffs’ request for relief.  This Monday, January 13, 2014, Judge Murphy gave his prior order more permanence by granting the Plaintiffs’ motion for a preliminary injunction which will protect the Plaintiffs through the pendency of the case.

Click here to read the Court’s Opinion

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented on Judge Murphy’s ruling:

“Christians in America are under increasing attack by the Federal Government.  And it’s important we realize that we must look to the Federal Courts to protect our religious freedom guaranteed under the First Amendment to the Constitution.   In this particular case, we are grateful for Judge Murphy’s decision and the expeditious manner in which he rendered it.”

The ultimate purpose of the lawsuit is to permanently block the implementation of the HHS Mandate which requires employers to obtain insurance coverage for abortions and contraception on the grounds that it imposes clear violations of conscience on Americans who morally object to abortion and contraception.

The lawsuit challenges the constitutionality of the HHS Mandate under the Religious Freedom Restoration Act, the First Amendment, and the Administrative Procedure Act. Named as Defendants in the lawsuit are Kathleen Sebelius, Secretary of the Department of Health and Human Services; Thomas Perez, Secretary of the Department of Labor; Jack Lew, Secretary of the Department of the Treasury; and their respective departments.

Pope Francis Unquestionably Condemns Abortion as Wrong

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Pope Francis is making news this morning after he suggested that abortion “kills children who will never see the light of day.”

The popular Pope, who has consistently spoken against abortion, raises the issue just 10 days before the anniversary of Roe v. Wade.

He noted that abortion is part of a “throwaway” culture that wastes people and food. He also called for more respect for the elderly and the protection of children from exploitation of many kinds.

Heritage policy analyst Sarah Torre weighed in, telling The Foundry, “As the Pope alluded to, abortion harms all of us. It has created a culture that disregards the dignity of human life, endangers women, demeans motherhood and denigrates men’s role as fathers.”

In the remarks, distributed today, Francis reaffirmed his position:

“Every unborn child, though unjustly condemned to be aborted, has the face of the Lord, who even before his birth, and then as soon as he was born, experienced the rejection of the world.”

The Pope’s words come at a time when pro-life activists around the country are set to take part in the annual March for Life in Washington next week.

LifeNews.com’s Carol Tobias in her article “Young Americans in the Post Roe v. Wade Generations Will End Abortion” writes:

I had the opportunity in recent months to speak on the campuses of both Princeton University, as a guest of the American Whig-Cliosophic Society, and the University of Dallas, as a guest of Crusaders for Life. These are two very different campuses, but both had wonderful, sincere students with similar questions.

Many of them wanted to know how they can impact their generation in favor of life. One young man wanted to know if he should even get involved in what is touted as “a woman’s issue.” Another wanted to know how he could influence people since he isn’t very outgoing and comfortable with bringing up the issue of abortion for discussion.

One young lady already has a plan to get involved in politics and hopes to end up in Congress. Others wanted to know about internship possibilities with NRLC or wanted more information on our summer Academy, or “pro-life boot camp” as I like to call it.

Read more.

Time to stop the killing of the innocent brought about by a few men in black robes.

RELATED COLUMN: Are US Judges more Racist and Bigoted than either the Ku Klux Klan or New Black Panthers?

50 Years Ago: The Bad News about Cigarettes became Clear – To Some

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The headline from the Greensboro News & Record reminds us of Virginia Slim’s slogan, “You’ve come a long way [down] baby.” Millions have died prematurely and unnecessarily.

From the days of a liberated Eve expressing her freedom to eat what she wanted, millions of rebellious youth said No to mom and yes to peer pressure to smoke, drink, do drugs or have sex, but Oh, the pain and suffering later.

A German proverb says, “Ve get too soon oldt and too late schmart.”

It comes down to our own willingness. After all, the tobacco companies still will not admit their product ruins health. The question is, What evidence are we willing to accept and are we willing to learn from others?

Someone said, kissing a smoker is like kissing an ashtray. Why didn’t Hollywood get this straight 100 years ago before the US government let tobacco companies gift the GIs shipping off to war with cigarettes and returning hooked?

Hindsight proves the government is so stupid.

  1. They thought smoking (though unnatural) was okay, and may be a money-maker by allowing it, but taxing the tobacco companies. Bad #1.
  2. Then they subsidized the tobacco grower to help him grow tobacco profitably. Bad #2.
  3. Then they subsidized health care because tobacco causes heart and lung disease. Bad #3.
  4. NOW the government wants to control the whole medical scene. BAD #4.

The government can’t even run the postal system profitably, what makes them think their control of the medical care system will work? Probably they are not convinced, but the trillions of dollars in the system makes their hand in the cookie jar an irresistible temptation.

Just as telling lies becomes a way of life to some kids to evade responsibility, the government does this so well–You can keep your doctor. You can keep your health plan. It will cost less…Lies!

We are probably at the end of freedom as we are inducted into a system that will force us to have National ID that we rejected under Hillary 20 years ago–a foreshadow of when government will mark, number and control everyone as suggested in Revelation 13:16-18?

For a short documentary of the lies and our impending loss of freedom, watch this short video:

But it’s better to light a candle than to curse the darkness. The title of this article pays tribute to then US Surgeon General Terry who reviewed thousands of pages of medical studies to release his damning report on tobacco 50 years ago.

But 150 years ago, Ellen White, a humble woman blessed by God with insight wrote, “Tobacco is a poison of the most deceitful and malignant kind, having an exciting and then a paralyzing influence upon the nerves of the body. It is all the more dangerous because its effects upon the system are so slow, and at first scarcely perceivable. Multitudes…have surely murdered themselves by this slow poison.”

As a young medical student, I appreciated a pharmacology lecture that described those effects of nicotine above (“exciting” by stimulating the neurons and then “paralyzing” them as a result of the depolarization from excessive stimulation).

Ellen White republished the information in what some physicians (myself included) believe to be the best book ever written on the topics of health and happiness. Written a book of biblical wisdom, it is both profound and non-denominational. It may be read online. The chapter dealing with tobacco, is Stimulants and Narcotics.

It has been this author’s privilege to help hundreds of smokers to stop smoking using the famous 5-Day Plan to Stop Smoking that was developed by a physician and a minister when the Surgeon General made his report 50 years ago. Since then, millions have quit successfully. If you still smoke, why not give the suggestions excerpted from the above book and give your New Year’s Resolutions a noble thrust by clicking here.

And if you happen to used coffee or “soft drinks,” click on Caffeine: Worse Than You Think.

Will King Obama throw these Nuns into the Lion’s Den?

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For 175 years the nuns of Little Sisters of the Poor have been ministering to the elderly, poor and dying. Under a mandate in Obamacare, the Little Sisters are ordered to bow down in worship to King Obama’s golden idol – abortion. Non compliance threatens to be the death of their extraordinary ministry.

We are witnessing a modern day version of Persian King Darius ordering that Daniel be thrown into the lion’s den for refusing to deny his faith. Either the Little Sisters of the Poor ministry submit to King Obama’s decree or die. Metaphorically they are being thrown into the lion’s den.

Displaying deceit characteristic of our Liar-in-Chief, Obama’s DOJ have offered the Little Sisters a serpent disguised as an olive branch. The DOJ told the Little Sisters that if they would simply sign a document condoning abortion services for their employees an exemption from the mandate would be granted.

The wise Little Sisters refused to sign what they perceived to be a “permission slip” for abortion services; a back door scheme by the DOJ to get the Little Sisters to betray their religious faith.

Like Daniel in his day, the Little Sisters remain faithful. Their case has gone to the U.S. Supreme Court.

It is profoundly evil to persecute a Christian ministry that has been ministering to the needy for 175 years. Surely, the DOJ has to know that legally bludgeoning the Little Sisters of the Poor into submission will be a PR nightmare for the Obama Administration.

So why is Obama’s DOJ hellbent on forcing the Little Sisters to betray their commitment to God? The answer is our country is under siege in the process of a tyrannical hostile takeover.

The Obama Administration has transformed governmental agencies into his iron-fist enforcers. Their laser focused mission is to assist in the full implementation of the liberal socialist/progressive agenda; Obama’s vowed fundamental transformation of America.

Like every hostile takeover by a regime, opposition is dealt with swiftly and severely. Everyone must be politically beaten into silence and submission; even the Little Sisters of the Poor.

The taking of Marie Winkelman 1-2-3

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keeping a promise book cover by marie winkelmanWho is Marie Winkelman? Marie is the author of a book about her experiences as a Holocaust survivor in Poland titled “Keeping A Promise: To Tell My Story of Survival in Warsaw During WW II.”

“On December 4th, 2013, a beautiful and brilliant 88-year-old Holocaust Survivor named Marie Winkelman was put into guardianship in the Sarasota, Florida Probate Court – without a hearing – based upon a mediation agreement,” states Beverly Newman, President of the Al Katz Center.

Marie is the second victim of elder abuse in Sarasota County, Florida. The first was Al Katz, the father of Beverly Newman, another Holocaust Survivor.

The similarity of the two cases is striking and presents a pattern of what some believe constitutes “judicial cronyism.” It is a system that takes the liberty and property of its victims – usually the elderly.

Gary-Larsen

Federal Mediator Gary H. Larsen.

“Marie is a recent resident of Bird Key who still lives independently and keeps her home in immaculate condition. The mediation agreement was prepared by Federal Mediator Gary H. Larsen, which Marie did not see until after the mediation. Her fortune of many millions, which she earned through decades of hard work and prudent investments, is now in the hands of a company named Sabal Trust Company with which she has never had any contact. Through the mediated agreement, she is given a monthly allowance of her own money, despite the fact she has always spent her money judiciously,” notes Newman.

What makes Marie’s case different is the possible collusion to have Marie found incompetent not by strangers but by Robert Szychowski who is married to Marie’s step-daughter Corinne. This is the highest form of betrayal by the one person Marie trusted the most. She trusted Szychowski so much she signed a Durable Power of Attorney (POA) giving Szychowski control over every aspect of her life and wellbeing.  Marie made Szychowski her “attorney-in-fact” (my Agent) granting him “The power to exercise or perform any act, power, duty, right or obligation whatsoever…”

There was one proviso in her Durable POA. Paragraph 43 of the POA states:

It is my intent that My Agent [Szychowski] and attorney-in-fact have the broadest powers possible to act for me while I have the legal capacity to act and also while I am legally incapacitated to act, so as to avoid the necessity of a guardianship in case of my incapacity. [Emphasis added]

It was Szychowski who facilitated the process that violated Marie’s trust and express wishes to “avoid guardianship.” It was Szychowski who used Marie’s own money to pay those who are complicit in her placement into guardianship.

How could this betrayal happen?

likens

Christopher Alan Likens, P.A.

In July 2013, New Jersey resident and Rutgers University Acting Manager, Cost Studies, Szychowski, retained a lawyer, Christopher Alan Likens, using Marie’s money, to take her to court and force her into guardianship relative to her pharmaceutical routine. Even though Szychowski as the Durable POA could have hired a caregiver himself to monitor Marie’s medications, he hired a stranger to file a court action, without prior notice or giving Marie an opportunity to hire an attorney to represent her.

LoriGaetano

Lori Gaetano, care manager with Care InSight.

Szychowski then, using Marie’s money, paid at least $2,373 to Lori Gaetano, RN, a care manager from Care InSight, who testified in court that Marie was “incapacitated” with respect to financial matters because Gaetano had seen Marie’s checkbook lying on her table, where Gaetano projected that someone could take it from Marie’s private residence.

Dr. Miguel Rivera, MD, came into the picture, referred by Gaetano to Szychowski, hired by him, and paid at least $908 from Marie’s account.   To do a psychiatric evaluation of Marie, Dr. Rivera showed up with Gaetano at Marie’s home unannounced and without identifying himself as a psychiatrist, asked Marie a series of questions, and then left. Only later did Marie learn he was there evaluating her competence. It was Dr. Rivera’s negative evaluation report that began the process of the taking of Marie Winkelman 1-2-3.

In an article in the Sarasota Herald-Tribune published in 2011, Rivera noted, “They [the elderly patients] don’t know I’m a doctor,” he said, indicating his casual, golf-style shirt. “They just think I’m this friendly guy who comes around a lot.”

Although Sarasota County caps the fees to be paid to incapacity Examining Committee members at $200, Szychowski paid social worker, Linda Erickson, 11 times more, using Marie’s money without any court oversight.  Also, Szychowski paid Anne L. Olshansky, MSW, at least $500. Olshansky is a counselor and was another member of the panel that found Marie incompetent. Finally, although Florida guardians must file their fee statements with the court for court approval, Szychowski used Marie’s account to pay guardian Dawn Van Beck $1,294.63, on November 6, 2013, without any court oversight.

What is at stake here? A woman’s liberty and her property valued in excess of $3 million… in this case, a Holocaust Survivor who in childhood was robbed of her property and stability and now is re-living the traumas of betrayal and asset seizure.  Who benefits from Marie’s guardianship? Robert and Corinne Szychowski and the State of Florida’s guardianship system.

What is happening? The systematic financial abuse of an elder.

Stay tuned as Marie has a court hearing on February 28, 2014. This story must and will be told, to protect the innocent like Marie.

UPDATE: At the hearing held on January 9, 2014, in the Sarasota County Probate Court, Judge Deno Economou once again ordered Marie’s determination of incapacity and placement into guardianship to be mediated by a group of six attorneys (Gary Larsen, Christopher Likens, Kim Bald, Rebecca Proctor, Audrey Bear, and Tom Shults) being paid thousands of dollars per hour out of Marie’s assets, without any record being made and without the presentation of any evidence to the Judge. 

Healthcare.gov is fraudulent, deceptive and illegal

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My good friend Lieutenant Colonel Orson Swindle, USMC (Ret.) was appointed by President Ronald Reagan as Commissioner of the Federal Trade Commission in 1997 and remained in that position until 2005. I have been friends with Colonel Swindle for many years.

The Honorable Orson Swindle asked me to remind us, the American people, that the Federal Trade Commission (FTC) is the federal government’s principal Law Enforcement Agency for enforcing antitrust and consumer protection laws. The FTC deals with mergers and acquisitions, fraudulent, deceptive, and illegal business practices, and information system privacy and security.

In a National Review Online article by Andrew Stiles, former FTC Commissioner Swindle outlines a number of illegal aspects in the Obama administrations healthcare website (http://Healthcare.gov) and how the Obama administration has been promoting the Health Care law. He points out how the website runs afoul of Federal Regulations of the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB). Here are excerpts from the Stiles column:

Orson Swindle, who served as an FTC commissioner from 1997 to 2005, says there are a number of practices that, if HealthCare.gov were a private entity, would result in its being “taken to the shed and horsewhipped” by government regulators.

President Obama’s oft-repeated falsehood, “If you like your plan, you can keep your plan” — something the administration knew was untrue — would almost certainly be a textbook case of deceptive advertising, punishable under Section 5 of the Federal Trade Commission Act, which prohibits “unfair or deceptive acts or practice in or affecting commerce.” This includes a “representation, omission or practice that is likely to mislead the consumer,” such that the consumer would be “likely to have chosen differently but for the deception.”

Other examples of potentially deceptive practices include the apparently deliberate decision to withhold information from HealthCare.gov visitors as to the actual prices of the policies offered via the exchanges. In fact, users aren’t told how much those policies will cost until after they have created an account, which requires giving a slew of personal and financial information.

Additionally, a recent CBS News investigation found that HealthCare.gov contains a pricing feature that tends to “dramatically underestimate” the cost of insurance.

Unfortunately, the Obama administration’s gross violations of FTC’s and CFPB’s Federal Regulations are being ignored by US Attorney General Holder and the Democratically controlled Senate, whose members continue to permit the President to disregard Federal Laws, Federal Regulations and provisions of the US Constitution with impunity.

We are appreciative of the fact that Orson Swindle has pointed out these violations of Federal Laws and Federal Regulations by the President.

Orson_Swindle

Lieutenant Colonel Orson Swindle, III, USMC (Ret.), former Assistant Secretary of Commerce.

Orson Swindle’s impressive background follows.

Lieutenant Colonel Orson Swindle, III, USMC (Ret.) is a Vietnam POW who retired from the US Marine Corps in 1979. His military career is one of extraordinary triumph. On November 11, 1966, he was serving as a US Marine Corps aviator in South Vietnam flying his 205th mission, on what was to be his final combat mission, when he was shot down, captured by the North Vietnamese, and held as a Prisoner of War in Hanoi for six years and four months.

On March 4, 1973, LTC Swindle was released from captivity at the conclusion of America’s involvement in the Vietnamese War. For valor in combat, he was awarded with more than twenty military decorations, including two Silver Star Medals, two Bronze Star Medals, two Legions of Merit Medals, thirteen Air Medals, and two Purple Heart Medals. From 1981 to 1989 Mr Swindle served in the Reagan Administration, where he directed financial assistance programs to economically-distressed rural and municipal areas of the country.

As the Assistant Secretary of Commerce for Economic Development he managed the Department of Commerce’s national economic development initiatives, directing seven offices across the country. In 1993, Orson Swindle worked with former Cabinet Secretaries Jack Kemp and William Bennett, former Congressman Vin Weber, and Ambassador Jeanne Kirkpatrick to form Empower America.

He was the Republican candidate for Congress in Hawaii’s 1st Congressional District in 1994 and 1996. LTC Swindle was a former roommate of Senator John McCain’s in the Hanoi Hilton prison in North Vietnam.

The Honorable Orson Swindle’s full biography is listed on the “Leadership” page of the Combat Veterans For Congress PAC website.

FL Reps. Edwards (D) and Gaetz (R) pushers of Drug Addiction in Children?

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Florida Representative Katie Edwards (D-FL District 98) sent out an email quoting an article by the Sun Sentinel’s Susannah Bryan. The article states, “Two Florida representatives, Katie Edwards and Matt Gaetz, are taking steps to help families statewide gain access to a strain of marijuana that’s shown promise in treating children who suffer from seizures.” Representative Matt Gaetz is a Republican representing District 4. Gaetz is Chair of the House Criminal Justice Committee.

Bryan notes, “Although 21 states and Washington, D.C., have legalized medical marijuana, the federal government still lists cannabis as a highly addictive and dangerous ‘Schedule 1’ drug, along with heroin and LSD.”

According to the Drug Enforcement Administration:

Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Schedule I drugs are the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote.

Floridians must realize that what Edwards and Gaetz are really pushing: Drug addiction in minors.

gaetz mug shot

Matt Gaetz mug shot.

Gaetz was arrested for violating Statute 316.193-1, DUI Alcohol or Drugs 1st offence, in Okaloosa County, FL in 2008. Gaetz was released after paying a $500 bond. So Gaetz has some personal experience with addiction? Not sure Floridians want this man telling us that children should be using marijuana. I guess being arrested qualifies you to be Chair of the Criminal Justice Committee.

Florida has a growing problem with drug abuse, especially among children. FL Attorney General Pam Bondi is concerned about drugs in general, including prescription and synthetic drugs sold in Florida. AG Bondi stated in an October press release, “I will remain vigilant in my efforts to keep these drugs off store shelves and will continue to outlaw emergent synthetic drug compounds. These drugs pose a serious threat to Floridians, particularly our youth. I thank the Florida Department of Law Enforcement for their continued partnership in the fight against synthetic drugs.”

The Tampa law firm of Morgan & Morgan is pushing the legalization of medical marijuana in Florida. Morgan & Morgan partner Charlie Crist is also promoting a medical marijuana amendment to the Florida Constitution.

Canada has decided to end their Marihuana Medical Access Program effective March 31, 2014. According to CBC News in Canada, “The Canadian Medical Association is worried that as large medical marijuana grow facilities get federal licences, more patients will be clamouring for a drug many doctors are uncomfortable prescribing. Starting April 1, medical marijuana users in Canada will no longer be able to grow their own. Instead, they’ll have to get pot from producers licensed by Health Canada.”

katie edwards

Katie Edwards

Dr. Louis Francescutti, president of the Canadian Medical Association, stated, “We’re asking them [Canadian doctors] to prescribe a product that really has not been tested as rigorously as any other product that’s out there and basically writing it with your eyes blindfolded and assuming all the risks that go with it.” Francescutti also has concerns about marijuana’s potential dangers, especially when there are other proven medications for controlling pain and nausea available.

The Providence Journal’s Ellen Jean Hurst writes, “Even though 20 states have passed laws legalizing medical marijuana, swayed in part by thousands of personal testimonies, current research hasn’t nailed down exactly if, and how, marijuana alleviates all the specific diseases the drug is being legalized to treat, experts say.” Hayes titled her column “Health effects of medical marijuana still hazy.”

The legalization of medical marijuana is the first step to the full legalization of marijuana in Florida, as happened in Colorado.

BizPac Review reports, “Amid the universal celebration of the legalized sale of recreational marijuana in Colorado this week, a two-year-old there has tested positive for pot.” Jason Salzman from the Huffington Post reports, “Rep. Mike Coffman (R-Aurora) delivered a major buzz kill on the radio Wednesday, saying he’s worried that pot legalization might keep Fortune 500 companies out of Colorado and drive down the state economy.” Gee how with that fit in with Governor Rick Scott’s “Here’s What’s Working” campaign?

Are Edwards and Gaetz nothing but drug pushers of the worst kind? Time will tell as we observe the downsides of drug use in other states and the iffy nature of its medical uses.

RELATED COLUMNS:

Will Colorado regret legalizing marijuana?

Alaska Group Takes Next Step to Legalize Marijuana

11 Attorneys General challenge Legality of Obamacare Fix – is Nullification possible?

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Maybe this year is getting off to a good start. Eleven GOP attorneys general are willing to take on the legality of the executive directives in changing status – the so-called fixes to Obamacare. As reported by the Fiscal Times, the Attorneys General say the president is breaking the law because he is making changes without first going through Congress. The group sent a letter yesterday to Health and Human Services Secretary Kathleen Sebelius regarding the constitutionality of Obama’s most recent executive action decreeing that insurance companies may continue to offer plans that he previously considered “junk plans” and were cancelled. The letter called the rule change “flatly illegal under federal constitutional and statutory law” and said “the illegal actions by this administration must stop.” Gee, ya think?

According to the Fiscal Times:

The Republican attorneys general argue that President Obama’s rule change violates both the separation of powers between the branches of government and his responsibility to execute laws faithfully. “We are deeply concerned that this Administration is constantly rewriting new rules and effectively inventing statutory provisions to operationalize a flawed law,” the letter said. “And the irony, of course, is that the changes being put forth to fix the disastrous exchanges will ultimately destroy the market and increase health insurance premiums for customers who played by the rules.”

So does this mean the States might have a chance at nullification? The concept of nullification is based on the theory that because the States are essentially the creators of the federal government, they have the final authority to determine the limits of its power. Under this theory, the States would therefore have the authority to strike down or nullify any federal laws they believed were beyond constitutional limits.

Sounds good in theory, but it has rarely been upheld, and rejected by the Federal courts on more than one occasion – including the Supreme Court. Under the Supremacy Clause of the Constitution, federal law is superior to state law. And under Article III of the Constitution, the federal judiciary has the final power to interpret the Constitution — as Chief Justice John Roberts did in making the decision on the constitutionality of Obamacare.

However, in so doing, he greatly expanded federal taxing authority, basically granting the power of behavior modification by way of taxation when he ruled individual mandate was actually a tax and constitutional.

In any event, the power to make final decisions about the constitutionality of federal laws lies with the federal courts, not the states, and the states don’t have the power to nullify federal laws.

Do I believe the States will exert their rights as these attorneys general have done? Absolutely. Are they right in challenging the countless iterations of changing law, granting waivers, exemptions, and delays through executive fiat and mandate, not by legislative action? Certainly.

What do you, “We the People” believe? Is this a huge overreach by the Executive Branch and inconsistent with the separation of powers of our Constitution? And how will it end up?

EDITORS NOTE: This column originally appeared on AllenBWest.com. 

Meet the Humble Nuns Who Just Shook Up Obamacare

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The Little Sisters of the Poor are an international Roman Catholic Congregation of women, which was founded in 1839 by St. Jeanne Jugan. They operate homes in 31 countries, where they provide loving care for over 13,000 needy elderly persons.

Although the Little Sisters’ homes perform a religious ministry of caring for the elderly poor, they do not fall within the government’s narrow exemption for “religious employers.” Accordingly, beginning on January 1, the Little Sisters will face IRS fines unless they violate their religion by hiring an insurer to provide their employees with contraceptives, sterilization, and abortion-inducing drugs.

[youtube]http://youtu.be/uO-I3o0WjqU[/youtube]

Sarah Torre and Amy Payne from the Heritage Foundation wrote the following report:

Who takes care of poor people when they get old—when they are on their deathbeds? For thousands of people, the answer is Little Sisters of the Poor.

“The elderly are at risk, with no one to speak up for them, no one to stand up and to express to the world and show the world that these people are still valuable,” explains Sister Mary Bernard.

The Little Sisters take care of more than 13,000 poor men and women around the world who are elderly. They dedicate their lives to running homes for these most vulnerable.

As you can imagine, this isn’t a profit-making venture, providing free care for the needy.

Starting in the new year, Obamacare would force these sisters to direct their insurance provider to include abortion-inducing drugs and contraception in their health insurance plan—something that goes against their beliefs. If they don’t, the fine (up to $100 per employee per day) would be in the millions of dollars.

But Supreme Court Justice Sonia Sotomayor granted the sisters a temporary halt on this Obamacare mandate just hours before the New Year’s Eve countdown. The Obama Administration has until 10 a.m. today to respond to the stay.

The Obamacare mandate (also known as the HHS mandate, for Health and Human Services) punishes people like Little Sisters of the Poor for holding beliefs that spur them to compassionate service in the first place.

And they are far from alone. There are now more than 300 individuals, charities, schools, and family businesses suing over the coercive rule.

So far, things aren’t looking good in court for the Obama Administration. To date, federal judges have granted temporary stays against the mandate in nearly 90 percent of the cases they’ve considered, including a flurry of injunctions for non-profit charities and schools over the past week.

This is only one of the many reasons Americans need relief from Obamacare. We need health reform that respects people’s values and allows us the freedom to choose health care in line with our beliefs.

FL Governor Rick Scott stands against the Affordable Care Act

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The Affordable Care Act is unconstitutional. It violates the 1st, 4th, 10th and 14th Amendments. It infringes on the religious liberties of Americans and private business who do not wish to provide abortion services or contraception in their healthcare plans. These rights are protected under the 1st Amendment of the US Constitution. The Affordable Care Act forces you to buy product or services in direct violation of the Commerce Clause and in direct violation of your constitutional rights. You cannot be forced to buy anything in this free republic.

Stop living in fear of this administration and many are refusing to comply with the Affordable Care Act.

The weak do nothing Congress refuses to prosecute President Obama for crimes against the Constitution. Here in Florida though Governor Rick Scott stood up to the federal intrusion on our rights.

Florida Governor Rick Scott, does not support the federal health reform law, including the health insurance exchanges. Florida legislators also refused to approve legislation to create an exchange in Florida, they returned a $1 million federal planning grant awarded in 2010.

After the Supreme Court ruling that upheld most of the unconstitutional Act in June 2012, Governor Scott announced that Florida would not establish a state-based health insurance exchange. This was to ensure we followed the constitution and not the mandates coming from the Department of Health and Human Services machine in Washington DC.

Governor Scott continues to fight against the Affordable Care Act and any operation of the illegal federally controlled health insurance marketplace. In September, the Florida Department of Health (DOH) banned navigators from all county public health facilities. Florida DOH officials have said the move is consistent with its policy of blocking outside groups that are not doing state business. The Florida DOH is following the 10th Amendment.

The Florida DOH have also said the ban helps protects consumers from privacy concerns stemming from the collection of personal information for inclusion in a federal database. This database violates the HIPAA Act and your 4th Amendment rights. The Obama administration strongly criticized the ban on navigators, labeling the order “obstructionist” and “plain absurdity.” Of course President Obama did, he is not getting his way in Florida. He’s trying to get a hold of all your personal medical information and centralize it in Washington DC.

ObamaCare_I-WILL-NOT-COMPLY_300x244-01The taxpayer funded federal exchanges may end up competing with Florida Health Choices, which is the state’s own version of an online marketplace. Florida Health Choices was established by 2008 legislation. However, it is still not operational. According to its website, Florida Health Choices will launch early in 2014. We must shut down and defund Florida Health Choices and allow free market insurance companies to manage the health care in Florida. Its not the taxpayers responsibility.

Florida’s own insurance exchange does not comply with the Affordable Care Act. This is fine, we don’t have to comply with any unconstitutional laws coming out of Washington, rather we must ignore them. As originally conceived, Florida Health Choices was only to be available only to small businesses, not individuals. Plans have now evolved to include options for individuals. Florida Health Choice will not subsidize the cost of plans sold through the exchange for low-income individuals or offer tax credits to businesses. Nor does Florida Health Choices require a minimum set of benefits as the ACA exchanges do in the form of essential health benefits.

This is called freedom boys and girls and we are free people in Florida. DO NOT COMPLY with any unconstitutional law especially Obama Care. Do not comply with the IRS when they demand proof of health insurance. This is a violation of your 4th Amendment Rights. This is a violation of your privacy rights. REFUSE their requests for information under the 10th Amendment, the 4th Amendment, the 1st Amendment, the 5th Amendment.

On the federally operated exchange set up illegally in Florida by the Obama administration and Kathleen Sibelius , 10 insurers are selling ACA-compliant health insurance policies. Since when did the federal government determine if any kind of insurance was federally compliant for you ? It your choice to pick your insurance coverage not the government. We don’t live in a Communist controlled country. It boils down to one thing, its all about control over on you?

This Obama Care is illegal and infringes on your rights as Americans. The insurers in Florida that are supposedly approved by those in the White House probably were working within free markets anyway. They are Aetna, Cigna, Coventry Health Care of Florida, Florida Blue (Blue Cross Blue Shield of Florida), Florida Health Care Plan Health Options, Humana, Molina Healthcare, Simply Healthcare Plan, and Sunshine State Health.

My friends you can either surrender to the forces in Washington DC or you can stand up and refuse to comply and be ready for the battle that lies ahead. You must ensure that you remain a free American in a free country with the freedom to choose whether you wish to purchase any product or service or not without fear of prosecution.

I will not comply with the IRS and I will not permit them to harass, intimidate, threaten, or fine me for non compliance. I am a free man and the current White House leadership is an enemy of this country and our values. We have a right to stand up and defend ourselves from it. And that we must do.

I want legislation drawn up that prohibits doctors, hospitals and medical facilities etc. in the State of Florida from accepting any form of Obama care coverage because it is a constitutional violation infringing on our 1st, 4th and 10th Amendment Rights.

I want all doctors and hospitals and private medical facilities in Florida to refuse to accept Obama care insurance. If you get threatened stare them in the face and tell the government to pack sand. You must take a stand.

Why Young People aren’t signing up for Obamacare

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Turning Point USA’s Charlie Kirk weighs in on why young people aren’t signing up for ObamaCare.

Planned Parenthood nominated for 2013 “World Population Control Award”

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It is time to give credit where credit is due. This column is dedicated to recognizing Planned Parenthood and its founder Margaret Sanger for their efforts in controlling the world’s population. Planned Parenthood has since its conception (no pun intended) the mission of eliminating from the world all “defectives” and “human waste”. PP has taken “human breeding” down a new path to near zero population growth in the United States and Europe by bringing to light the “inherent misery and defect of large families.”

For this we nominate Planned Parenthood for the “2013 World Population Control Award.”

No war, pestilence, genocide or government policy has done more to limit the numbers of defectives, feebleminded, poor and unwanted than Planned Parenthood.

Edwin Black, author of War Against The Weak, writes, “The global effort to help women make independent choices about their own pregnancies was dominated by one woman: Margaret Sanger … Motherhood was to most civilizations a sacred role. Sanger, however, wanted women to have a choice in that sacred role, specifically if, when and how often to become pregnant.”

So how did Margaret Sanger’s movement evolve to what it is now?

According to Black, Sanger was, “A crusader at heart, she was thrust into a mission: to bring birth regulating information and options to all women. It was more than a health movement. It was a woman’s liberation, intended to benefit all of society. Sanger and her circle of friends named the program ‘birth control.’ … Her various advocacy organizations evolved into the worldwide federation know as Planned Parenthood.”

“But Sanger was an ardent, self-confessed eugenicist, and she would turn her otherwise noble birth control organization into a tool for eugenics, which advocated for mass sterilization of so-called defectives, mass incarceration  of the unfit and draconian immigration restrictions,” reports Black.

Black notes, “… Sanger vigorously opposed charitable efforts to uplift the downtrodden and deprived, and argued extensively that it was better that the cold and hungry be left without help, so that the eugenically superior strains could multiply without competition from ‘the unfit.’ She repeatedly referred to the lower classes and the unfit as ‘human waste’ not worthy of assistance, and proudly quoted the extreme eugenic view that  human ‘weeds’ should be ‘exterminated.’ Moreover, for both political and genuine ideological reasons, Sanger associated closely with some of some of America’s most fanatical eugenic racists.” Sanger stated, “My criticism, therefore, is not directed at the ‘failure’ of philanthropy, but rather at its success.”

“The feminist movement, of which Sanger was a major exponent, always identified with eugenics,” wrote Black.

The Rapid Multiplication of the Unfit cover“Human breeding was advocated by American feminists long before Davenport respun Mendelian principles into twentieth century American eugenics. Feminist author Victoria Woodhull, for example, expressed the belief that encouraging positive and discouraging negative breeding were both indispensable for social improvement. In her 1981 pamphlet, The Rapid Multiplication of the Unfit, Woodhull insisted, ‘The best minds of today have accepted the fact that if superior people are desired, they must be bred; and if imbeciles, criminals, paupers and [the] otherwise unfit are undesirable citizens they must not be bred.”

Today the United Nations has a competition for its “Population Award.” The UN website states, “Each year, the Committee for the United Nations Population Award presents an award to an individual(s) and/or institution(s) in recognition of outstanding contributions to increasing the awareness of population questions and to their solution. The Award, which was established by the General Assembly in November 1981, in resolution 36/201, and was first presented in 1983, consists of a gold medal, a diploma and a monetary prize. Nominations for the award are accepted through 31 December of each year.” The 2010 award was given to Bill and Melinda Gates. There is even an international Population Institute.

Planned Parenthood since 1912, with the full support of the feminist movement, has been the primary force in “stopping the breeding.” Congratulations! We are in a Brave New World indeed.

What Florida’s Health Care Reform did for Moise Brutus

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Imagine waking up from a coma to find that both of your legs and your left hand are gone.

After a motorcycle accident that nearly killed him, this was Moise Brutus’s devastating reality. And he had to navigate the broken Medicaid system to try to recover. Now, he calls those days “the dark times.”

Medicaid wasn’t working for Moise. His extremely difficult injuries meant that he had specific challenges and needs. But as he says, the old government program was a “one-size-fits-all” model.

Thankfully, Moise lived in Florida, which was trying out some reforms to Medicaid. He was able to switch out of the old Medicaid program into a private plan—and that changed his life.

The private plan gave Moise an individually tailored approach to his needs.

“That’s when everything started to get better for me,” he says. He was able to get “the best care, the best prosthetics, the best of everything.”

Ultimately, the higher quality of care empowered Moise with the rehabilitation and motivation he needed to get his life back. He’s now training for the Paralympic cycling team.

“Health care reform” is an abstract phrase. It means many things to many people. But for Moise Brutus, Medicaid reform was the key to a new beginning in life.

This is exactly why Heritage has supported reforms to Medicaid that would give every patient the type of care Moise was able to get. Everyone deserves to have his or her health needs addressed in an individual way.

It’s one thing to talk about the fact that Medicaid provides substandard care. It’s another to hear a story like Moise’s and see how that can make the difference in someone recovering from a traumatic event.

Obamacare merely makes Medicaid worse by dumping millions more people into this broken program. Heritage supportsreforms that would subsidize private health insurance for low-income Medicaid beneficiaries.

Learn more what Congress and the states could do to bring personalized care to low-income Americans.

Restraining Order requested against Secretary Kathleen Sebelius in New Case Challenging the HHS Mandate

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On Monday, December 23, 2013, the Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor, Michigan, filed a motion for a Temporary Restraining Order (TRO) in its newest case challenging the HHS Mandate.  The case has been assigned to Federal District Judge Stephen J. Murphy, III.

TMLC attorney, Erin Mersino, filed the new case on December 20, 2013 on behalf of the Ave Maria Foundation, Ave Maria Communications, Domino’s Farms Petting Farm. Rhodora J. Donahue Academy Inc., and the Thomas More Law Center, all founded by Catholic philanthropist Tom Monaghan.  The Plaintiffs at first sought to be included in an HHS challenge that was already pending before Judge Lawrence Zatkoff. That request was denied on December 20, 2013, and hours later on that same day, Mersino filed TMLC’s newest case.  Due to the late date, Plaintiffs were forced to request injunctive relief on an emergency basis because the HHS Mandate will be enforced against them beginning January 1, 2014.

Click here to read TMLC’s Motion for TRO

The purpose of the lawsuit is to seek a court ruling that permanently blocks the implementation of the HHS Mandate requiring employers and individual to obtain insurance coverage for abortions and contraception on the grounds that it  imposes clear violations of conscience on Americans who morally object to abortion and contraception.

The lawsuit challenges the constitutionality of the HHS Mandate under the First Amendment rights to the Free Exercise of Religion and Free Speech and the Establishment Clause.   It also claims that the HHS Mandate violates the Religious Freedom Restoration Act and the Administrative Procedure Act enacted by Congress.

Named as Defendants in the lawsuit are Kathleen Sebelius, Secretary of the of the Department of Health and Human Services; Thomas Perez, Secretary of the Department of Labor; Jack Lew, Secretary of the Department of  the Treasury; and their respective departments.

ABOUT THE THOMAS MORE LAW CENTER

TMLC Logo(1)The Thomas More Law Center defends and promotes America’s Judeo-Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

Americans get scrooged as Obamacare deadline shifts again

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Ask most Americans what today is and they’ll reply the eve of Christmas Eve, and many are out completing their last minute shopping.

Today was supposed to be the deadline to sign up for Obamacare in order to make the January 1 cutoff. But you can chalk up today to yet another failure – as administration officials have quietly extended the deadline 24 hours to Christmas Eve, according to the Washington Post.

As reported by Fox News this morning:

A series of administration fixes and delays is turning the milestone into a day that for many Americans will underscore the uncertainty about the future of the law. The original plan was simple — that Americans who enrolled in Obamacare, online or otherwise, by Dec. 23 and paid in full would have insurance when coverage kicks in New Year’s Day. But the disastrous Oct. 1 start for the federal website and some state-run sites — marked by crashes and the dissemination of incorrect information — sent President Obama and other top administration officials scrambling to change the law in hopes of bolstering enrollment numbers.

Obamacare is fraught with fundamental problems — not just the website — but the overall premise, and even yesterday Democrat Senator Joe Manchin, whom I thoroughly respect, recommended this whole thing be delayed, particularly the individual mandate tax.

Many economic forecasters and market analysts agree we have yet to see the full impact of Americans losing their coverage. Next year could be even more horrific because of the employer mandate which was “unconstitutionally” delayed by President Obama.

Just last week, as we reported, Obama issued another change decree stating that those who had lost their insurance coverage — because of his own mandate — could retain their previously declared “substandard, junk plans” and not be subject to the individual mandate tax.

Obamacare is NOT a law. Let me state this again, Obamacare IS NOT A LAW. It is the whimsical design of deviant minds that will destabilize one-sixth of our economy for their own political and ideological gain.

Just yesterday, President Obama again evidenced his delusion as he restated his case that Obamacare is on the right track and urged those who had yet to enroll to do so by Monday. “The law is working,” he said in a statement. “If you don’t have health insurance, go to [the site] right now and sign up. If you do it before December 23rd, you can be covered on the first day of the New Year… I’m asking you to spread the word about getting covered.”

If the “law is working,” then why grant yet another exemption before he whisked off on vacation to Hawaii? Obama delivered yet another lie when he stated, “I completely get how upsetting this can be for a lot of Americans.”

The upsetting part is that these Americans were fine with their plans until his imperial excellency decided he knew what was best for them — and then proceeded to hose it all up.

Those Americans who lost their plans will not be able to restore comparable pricing, due to the administration’s upheaval of the industry and the ever expanding pool of high risk, elderly, and indigent onto the insurance rolls After all, someone has to subsume the costs and subsidize the system.

According to Fox, while enrollment is ticking upwards,

Several underlying problems persist, including the accuracy of the numbers and how many of those enrolled have in fact paid for their policies. Such problems could create far more serious consequences in the coming weeks should people who think they have insurance under ObamaCare go to a pharmacy or doctor’s office and find out otherwise.

But of course when that happens, the insidious blame game will kick in and the insurance companies will take the hit from President Obama. Robert Moffit, director of The Heritage Foundation’s Center for Health Policy Studies, spoke with FoxNews.com on Friday and explained it this way,

“The complexity of the law, including who is exempt from what, will continue to confuse Americans. This whole thing has turned into a rat’s nest of rules and regulations. Who would have thought Health and Human Services Secretary Kathleen Sebelius would grant so many hardships? … This administration is under the mindset of how America is supposed to work, which has nothing to do with how it really works.”

As esteemed author and conservative philosopher Thomas Sowell put it, “We have traded in that which works, for that which sounds good.”

Merry Christmas America from President Barack Hussein Obama. You get a lump of coal, and he is the one who’s been naughty.

EDITORS NOTE: This column originally appeared on AllenBWest.com.