Tag Archive for: Supreme court

US Supreme Court is Undermining Science and Society

The Supreme Court has taken up another case based on the Environmental Protection Agency’s campaign of lies that carbon dioxide is the cause of “climate change” and claims about the quality of air in the United States. The Court is composed of lawyers, not scientists.

At this point in the present era, the Court has made rulings that run contrary to the original, clear intent of the U.S. Constitution and has wrought havoc on our society.

In 1973 it ruled that the killing of unborn babies was protected and millions since then have been deliberately killed. It extended protection to sodomy and same-sex marriage. It is destroying the fabric of our society that has served Americans well for more than two hundred years.

It ruled that the Affordable Health Care Act was a “tax”, enabling the Obamacare to be unleashed with the subsequent loss of health care plans by millions of Americans, often the loss of their personal physician, and the requirement that deeply-held religious opposition to contraception and abortion be negated by a law that requires their beliefs be overruled and denied.

In 2007, I wrote a commentary that was published in The Washington Times. I criticized a Supreme Court ruling that carbon dioxide (CO2) was a “pollutant”, opening the door to the EPA’s rapacious intent to control all aspects of our lives based on this lie that is used to justify its war on coal-fired plants that provide nearly half of all the electrical energy we use daily. “CO2 is not a pollutant,” I wrote, “It exists in the Earth’s atmosphere and every blade of grass and every tree depends on it.” It plays no role whatever in the Earth’s climate.

The Clean Air Act and revisions passed in the 1960s, 1970s, and 1990s. The original regulation of air pollution was a good idea, as were the laws affecting clean water, but the EPA has since used pollution to impose a vast matrix of regulations that do not reflect the fact that the nation’s air and water is now as clean as it ever can be.

Carbon monoxide emissions have fallen from 197 million tons to 89 million tons. Nitrogen oxide emissions fell from 27 million tons to 19 million tons. Sulfur dioxide emissions fell from 3l million tons to 15 million tons. Lead emissions fell by more than 98%. Particulate emissions (soot) fell by 80%. The air in the U.S. is considerably cleaner, but the EPA’s assertions continue to be made to expand its regulatory power and to attack the sovereignty of the states.

A case that was recently argued before the Court is another EPA effort to rewrite the Clean Air Act, asserting that it be given authority to regulate the flow of alleged “pollution” between “upwind” states and those who receive particulates and gases under its control. Some 27 states are considered “upwind” and those states along with all others have their own air control laws. In states that are more heavily industrialized and which have a large number of coal-fired plants on which the EPA wants to impose expensive standards that have no basis in fact.

A coalition led by Texas of more than a dozen other states brought a case, Environmental Protection Agency v. EME Homer City Generation, opposing the EPA’s regulatory re-write of the Clean Air Act. In August 2012, the D.C. Circuit Court of Appeals ruled against the EPA which appealed to the Supreme Court.

The Wall Street Journal noted that “The D.C. Circuit only rarely overturns EPA rules, which shows how out of bounds the cross-state regulation is. The Supreme Court should overturn it for violating the federalist intentions of Congress, but there is also the added judicial incentive to show this increasingly rogue agency that it can’t rewrite the law as it pleases.”

The U.S. has been harmed by the many laws whose justification is based on the totally unscientific hoax regarding CO2. During the 101st and 111th Congresses, there were 692 laws introduced containing the term “greenhouse gas” when, in fact, CO2 is NOT such a gas, playing no role whatever in trapping warmth to affect the weather and/or climate of the Earth.

Stringent domestic laws and regulations, moreover, do not take into consideration the role of many other nations whose emissions are far greater than those produced here. However, reducing their emissions will have no effect on the Earth’s climate. The Earth is in what will likely be a lengthy cycle of cooling based on reduced solar radiation. It recently snowed in Egypt and in Israel where snow has long been a rarity.

The Obama administration’s “war on coal” has used the EPA to inflict an attack on the nation’s capacity to provide energy and the EPA has not ceased from using every ruling it has imposed to degrade the nation’s ability to maintain and expand the industrial base it needs to provide for economic growth, an increase in jobs, and the sovereign right of states to determine their own response to the need for clean air. The U.S. is a republic composed of separate republics.

At this point, control of the nation’s air and water quality should be returned in full to the states and the EPA should be eliminated as the threat to the nation it has become. The Supreme Court has played a role in this threat, ruling without any attention to real science, traditional values, and the clear intent of the Constitution.

© Alan Caruba, 2013

Florida Churches changing bylaws after gay marriage ruling

Prophecy News Watch reports:

Worried they could be sued by gay couples, some churches are changing their bylaws to reflect their view that the Bible allows only marriage between one man and one woman.

Although there have been lawsuits against wedding industry businesses that refuse to serve gay couples, attorneys promoting the bylaw changes say they don’t know of any lawsuits against churches.

Critics say the changes are unnecessary, but some churches fear that it’s only a matter of time before one of them is sued.

“I thought marriage was always between one man and one woman, but the Supreme Court in a 5-4 decision said no,” said Gregory S. Erwin, an attorney for the Louisiana Baptist Convention, an association of Southern Baptist churches and one several groups advising churches to change their bylaws. “I think it’s better to be prepared because the law is changing. America is changing.”

In a June decision, the U.S. Supreme Court struck down a provision of the federal Defense of Marriage Act that defined marriage as between a man and a woman for purposes of federal law. A second decision was more technical but essentially ushered in legal gay marriage in California.

Kevin Snider is an attorney with the Pacific Justice Institute, a nonprofit legal defense group that specializes in conservative Christian issues. His organization released a model marriage policy a few years ago in response to a statewide gay marriage fight in California. Snider said some religious leaders have been threatened with lawsuits for declining to perform same-sex wedding ceremonies.

Dean Inserra, head pastor of the 1,000-member City Church Tallahassee, based in Florida, said he does not want to be alarmist, but his church is looking into how best to address the issue.

Inserra said he already has had to say no to gay friends who wanted him to perform a wedding ceremony.

“We have some gay couples that attend our church. What happens when they ask us to do their wedding?” Inserra said. “What happens when we say no? Is it going to be treated like a civil rights thing?”

Critics, including some gay Christian leaders, argue that the changes amount to a solution looking for a problem.

“They seem to be under the impression that there is this huge movement with the goal of forcing them to perform ceremonies that violate their freedom of religion,” said Justin Lee, executive director of the Gay Christian Network, a nonprofit that provides support for gay Christians and their friends and families and encourages churches to be more welcoming.

“If anyone tried to force a church to perform a ceremony against their will, I would be the first person to stand up in that church’s defense.”

Thirteen states and the District of Columbia now recognize gay marriage.

Some Christian denominations, such as the United Church of Christ, accept gay marriage. The Episcopal Church recently approved a blessing for same-sex couples, but each bishop must decide whether to allow the ceremony in his or her local diocese.

Read more.

Catholic Bishops file amicus brief in support of Defense of Marriage Act

The U.S. Conference of Catholic Bishops on January 29, 2013 filed amicus briefs in the United States Supreme Court in support of the federal Defense of Marriage Act (DOMA) and California’s Proposition 8, both of which confirm the definition of marriage as the union of one man and one woman.

DOMA was passed by Congress and signed by President Clinton in 1996 and defines marriage for federal and inter-state recognition purposes. Proposition 8 is a state constitutional amendment approved by the citizens of California in 2008. Both laws are challenged because they define marriage exclusively as the union of one man and one woman.

Urging the Court to uphold DOMA the USCCB brief in United States v. Windsor says that “there is no fundamental right to marry a person of the same sex.” The brief also states that “as defined by courts ‘sexual orientation’ is not a classification that should trigger heightened scrutiny,” such as race or ethnicity would.

It added that “civil recognition of same-sex relationships is not deeply rooted in the Nation’s history and tradition—quite the opposite is true. Nor can the treatment of such relationships as marriages be said to be implicit in the concept of ordered liberty, such that neither liberty nor justice would exist if they were sacrificed.”

USCCB argued that previous Supreme Court decisions “describing marriage as a fundamental right plainly contemplate the union of one man and one woman.”

The USCCB also cautioned that a decision invalidating DOMA “would have adverse consequences in other areas of law.”

In a separate brief filed in Hollingsworth v Perry urging the Court to uphold Proposition 8, the USCCB states that there are many reasons why the state may reasonably support and encourage marriage, understood as the union of one man and one woman, as distinguished from other relationships. Government support for marriage, so understood, is “recognizing the unique capacity of opposite-sex couples to procreate” and “the unique value to children of being raised by their mother and father together.”

The USCCB brief states that “[T]he People of California could reasonably conclude that a home with a mother and a father is the optimal environment for raising children, an ideal that Proposition 8 encourages and promotes. Given both the unique capacity for reproduction and unique value of homes with a mother and father, it is reasonable for a State to treat the union of one man and one woman as having a public value that is absent from other intimate interpersonal relationships.”

The USCCB brief adds that “While this Court has held that laws forbidding private, consensual, homosexual conduct between adults lack a rational basis, it does not follow that the government has a constitutional duty to encourage or endorse such conduct. Thus, governments may legitimately decide to further the interests of opposite-sex unions only. Similarly, minimum standards of rationality under the Constitution do not require adopting the lower court’s incoherent definition of ‘marriage’ as merely a ‘committed lifelong relationship,’ which is wildly over-inclusive, empties the term of its meaning, and leads to absurd results.”

“Marriage, understood as the union of one man and one woman, is not an historical relic, but a vital and foundational institution of civil society today,” the USCCB brief states. “The government interests in continuing to encourage and support it are not merely legitimate, but compelling. No other institution joins together persons with the natural ability to have children, to assure that those children are properly cared for. No other institution ensures that children will at least have the opportunity of being raised by their mother and father together. Societal ills that flow from the dissolution of marriage and family would not be addressed—indeed, they would only be aggravated—were the government to fail to reinforce the union of one man and one woman with the unique encouragement and support it deserves.”

The USCCB brief also notes that “Proposition 8 is not rendered invalid because some of its supporters were informed by religious or moral considerations. Many, if not most, of the significant social and political movements in our Nation’s history were based on precisely such considerations.Moreover, the argument to redefine marriage to include the union of persons of the same sex is similarly based on a combination of religious and moral considerations (albeit ones that are, in our view, flawed).As is well established in this Court’s precedent, the coincidence of law and morality, or law and religious teaching, does not detract from the rationality of a law.”

USCCB notes that a judicial decision invalidating Proposition 8’s definition of marriage would have adverse consequences in other areas of law.

“[R]edefining marriage—particularly as a matter of constitutional law, rather than legislative process—not only threatens principles of federalism and separation of powers, but would have a widespread adverse impact on other constitutional rights, such as the freedoms of religion, conscience, speech, and association.Affirmance of the judgment below would create an engine of conflict in this area, embroiling this Court and lower courts in a series of otherwise avoidable disputes—pitting constitutional right squarely against constitutional right—for years to come.