Dec 19

It was always wrong. But because it was issued by executive fiat, its violation of law had to go through the process of being tried, and there are many lawsuits standing against it.

This one scored a victory.

Today, a federal appeals court in Washington, D.C. handed Wheaton College and Belmont Abbey College a major victory in their challenges to the HHS mandate.  Last summer, two lower courts had dismissed the Colleges’ cases as premature.  Today, the appellate court reinstated those cases, and ordered the Obama Administration to report back every 60 days—starting in mid-February—until the Administration makes good on its promise to issue a new rule that protects the Colleges’ religious freedom.

This is major.

Health and Human Services Secretary Kathleen Sebelius cannot enforce the Obamacare contraception mandate as it is written, but must follow through on a promise to rewrite the rule to accommodate religious liberty, a federal appeals court ordered.

The Obama administration “represented to the court that it would never enforce [the mandate] in its current form against the appellants or those similarly situated as regards contraceptive services,” the three judges hearing the case wrote in their order.  The Obama team made that promise during oral arguments against Wheaton College and The Becket Fund for Religious Liberty, which sued over the contraception mandate but lost at the lower court level.

“There will, the government said, be a different rule for entities like the appellants .  .  . We take the government at its word and will hold it to it,” the judges wrote.

They ruled that the Obama administration must rewrite the regulation by August 2013 and provide updates to the court every 60 days. If the government fails to do so, the lawsuits may proceed.

The court also noted that the Obama administration had not made such an expansive pledge outside the courtroom.

“The D.C. Circuit has now made it clear that government promises and press conferences are not enough to protect religious freedom,” The Becket Fund’s Kyle Duncan, who argued the case, said in a statement.  “The court is not going to let the government slide by on non-binding promises to fix the problem down the road.”

Yesterday’s ruling marks the second time in two weeks that a judge has decided that Obama’s promise to change the rule eventually is an insufficient remedy to the religious liberty issues raised by opponents of the mandate.

“There is no, ‘Trust us, changes are coming’ clause in the Constitution,” Judge Brian Cogan wrote in his ruling in favor of the Archdiocese of New York two weeks ago. “To the contrary, the Bill of Rights itself, and the First Amendment in particular, reflect a degree of skepticism towards governmental self-restraint and self-correction.”

It’s about time it gets applied.

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Nov 27

Had President Obama lost the election, it would have been eliminated and replaced by new healthcare reform. But his win doesn’t assure that his signature legislation will survive intact.

For days, I’ve been hearing dizzying roundtable discussions with analysts focusing on different aspects of Obamacare and predicting the impact of the still unfolding law, especially as its component parts go into effect in 2013 and continue to roll out into 2014.

But then it got more immediate Monday, when the Supreme Court got involved. Again.

The Supreme Court has ordered a federal appeals court to take another look at whether a key requirement in the health care reform law violates religious freedoms.

A pending lawsuit from the private Liberty University had claimed, among other things, that the law would lead to taxpayer dollars funding abortions and contraception, a claim the Obama administration rejects. The justices issued their order Monday.

The high court in June had upheld the overall law championed by President Obama, but left room for continued legal challenges to certain aspects of the law’s application.

Justice Roberts was key to the individual mandate withstanding the constitutional challenge, to nearly everyone’s surprise at the time. But he left it in place by calling it what it was, a tax. And now that it is, and is about to be enforced, the door is open to rehear challenges to that tax – and penalty for not paying it – as a violation in itself.

So here we go again.

ObamaCare returns to federal appeals court to resume its battle against religious liberty, thanks to a Monday directive from the Supreme Court that revives the lawsuit brought by Liberty University, a Christian school in Virginia.  The Liberty suit has essentially been put on ice while the Supreme Court dealt with the constitutionality of ObamaCare’s individual mandate.  With that landmark 5-4 ruling behind us, and the entirely new concept of a shape-shifting “tax/penalty” added to Constitutional lore, it’s time for the courts to revisit some of the other places where the federal health-insurance takeover conflicts with our dwindling inventory of inalienable rights.

Liberty University’s suit ran afoul of the Anti-Injunction Act, which says that taxes cannot be legally challenged until they have been assessed.  The tax/penalty pulled some of its remarkable shape-changing tricks to get ObamaCare itself around the Anti-Injunction Act, while allowing the dishonest proponents of the law (prominently including President Obama) to claim that it wasn’t really a tax.  Those pretenses are no longer necessary, and the gigantic ObamaCare taxes are now being assessed, so Liberty University re-filed its suit, without objection from the Obama Administration.

It’s going to be very interesting following these court cases for all the charges being filed against this healthcare law.

But the main attraction will be the university’s First Amendment challenge to ObamaCare’s contraception mandates, which raise a very thorny issue.

(Several, actually.)

The law grants conscience waivers to explicitly religious institutions, such as houses of worship, but not to business enterprises run by devoutly religious people.  In other words, Congress is making laws respecting the establishment of religion and prohibiting the free exercise thereof, which the First Amendment says is a bad thing, even before it gets around to saying that abridging the freedom of speech is bad.

And freedom of speech violation is buried in the law and therefore some of these legal challenges as well. Former Speaker Nancy Pelosi famously said ‘we have to pass the bill to find out what’s in it.’ We’re still discovering, but you have to wonder how little they knew.

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Nov 26

So now that President Obama has won another four years to fundamentally transform America as he promised in 2008, running to retain that office on the simple premise that he wanted to go forward, the question which should have been answered in the campaign but wasn’t even asked, now looms: To where and what are we headed?

To some knowledgeable analysts, it looks a whole lot like backwards.

Will 2013 be 1937? This is the question many analysts are posing as the stock market has dropped after the U.S. election. On Nov. 16, they noted that industrial production, a crucial figure, dropped as well.

In this case, “1937” means a market drop similar to the one after the re-election of another Democratic president, Franklin D. Roosevelt, in 1936.

The drop wasn’t immediate in that case; it came in the first full year after the election. Industrial production plummeted by 34.5 percent. The Dow Jones Industrial Average dropped by half, from almost 200 in early 1937 to less than 100 at the end of March 1938.

It’s hard to imagine stock indexes dropping by half today, or unemployment rising past 15 percent, as they did in the “depression within the Depression.” But the parallels are visible enough to be worth tracing. They have to do with the danger of big government, and can be captured in a few categories.

Amity Shlaes neatly lines them up:

– Pre-election spree that sets records. In the old days, federal spending amounted to about 19 percent or 19.5 percent of gross domestic product. That ratio was so reliable that economists took it as a given, the American normal, from which divergence was unnatural and temporary. By the old 19 percent rule, federal spending would have dropped back once the worst of the 2008 economic crisis passed.

That didn’t happen. Instead the federal government continued to spend. Most important, even in 2012, when the crisis was long past, the government went on a spree, spending the equivalent of 24.3 percent of the economy, more than the 24.1 percent for the year earlier…

– Bath of cold water afterward. After this year’s election, President Barack Obama made it clear that budgeting was his priority: “I’m ready and willing to make big commitments to make sure that we’re locking in the kind of deficit reductions that stabilize our deficit, start bringing it down, start bringing down our debt. I’m confident we can do it.”

Roosevelt too opened his second term on a sober budget- cutting note. The president, wrote journalist Anne O’Hare McCormick in 1937, was like “the Dutch householder who carefully totes up his accounts every month and who is really annoyed now that he is bent on balancing the budget, that Congress can’t stop spending.”

– Fearsome attack on the status quo. In his first news conference on Nov. 14, Obama went out of his way to make clear his tax increases would fall on the rich: “What I’m concerned about is not finding ourselves in a situation where the wealthy aren’t paying more or aren’t paying as much as they should.”

Roosevelt was also ferocious, telling the old guard: “I should like to have it said of my first administration that in it the forces of selfishness and of lust for power met their match. I should like to have it said of my second administration that in it these forces met their master.”

When Roosevelt followed through in 1937, both with high taxes and his effort to pack the Supreme Court with more progressives, markets shivered.

– Fallout from first-term legislation. Obama signed his health-care act in 2010, postponing much of its enforcement until 2013, after the election. Now that the effects of the act are so proximate, markets are wondering whether they or investors can handle the changes demanded.

That’s looking doubtful, as WaPo captures pretty well here.

After surviving a Supreme Court decision and a presidential election, the Obama administration’s health-care law faces another challenge: a public largely unaware of major changes that will roll out in the coming months.

States are rushing to decide whether to build their own health exchanges and the administration is readying final regulations, but a growing body of research suggests that most low-income Americans who will become eligible for subsidized insurance have no idea what’s coming.

Part of the problem, experts say, is that people who will be affected don’t realize the urgency because the subsidies won’t begin for another year. But policy decisions are being made now that will affect tens of millions of Americans, and the lack of public awareness could jeopardize a system that depends on having many people involved. Low enrollment could lead to higher premiums, health policy experts say. Hospitals worry that, without widespread participation, they will continue getting stuck with patients’ unpaid medical bills. And advocates say the major purpose of the Affordable Care Act – extending health insurance to more Americans – will go unmet if large numbers of vulnerable people don’t take advantage of it.

It’s a mess, actually.

Even though the subsidies for currently uninsured people won’t go out until Jan. 1, 2014, the state exchanges that will offer health plans are being set up now, and participants will need to start signing up next Oct. 1. Supporters of the health-care law say the plan won’t be a success without a massive public relations campaign to build awareness.

“That part is a going to be a real challenge,” said Rich Umbdenstock, president of the American Hospital Association, one of Enroll America’s funders. “If we want to see high enrollment achieved, we have to figure out how to get the word out.”

Work with the Obama re-election team. They managed to convince a slight majority of voters that he cared about them and would provide for their needs. Time to deliver, because a whole lot of people don’t really know what lies ahead.

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Jul 05

What will Independence Day 2013 look like in America?

That thought crossed my mind in the middle of the day, seeing coverage of both celebrations of the Fourth across the country and deliberations of the ObamaCare ruling across the news networks. I’ve been traveling a lot lately and maybe it’s a good thing not to try keeping pace with the onslaught of analysis pouring out over the past week of what Chief Justice John Roberts might have been thinking when he issued the decisive and historic opinion in upholding ObamaCare as constitutional, as a tax. Especially in its implications for the integrity of the Supreme Court.

Had a majority of the justices struck down Obamacare, the court — fairly or unfairly — would have become a bigger issue in the presidential campaign than usual and in ways that could have been damaging to its authority.

Everything has become political. Even the Constitution and Declaration of Independence.

Americans know that the Declaration of Independence proclaims as a matter of fact that they “are endowed by their Creator with certain unalienable rights.” But when Obama recites this line, he omits the word “Creator.”

Listen carefully to how Obama censors that famous line. Here are his own words: “all men are created equal, that each of us are endowed with certain inalienable rights.” He doesn’t say who endowed us.

Obama has done this so often that it can’t be a slip of the tongue or a glitch of the teleprompter. Changing the words of the Declaration of Independence is part of Obama’s determination to remove everything religious and every mention of God from every aspect of our public life in order to fundamentally transform us from “one nation under God” into one nation under the Federal Government, especially the executive branch, with no higher power recognized.

The US Bishops called the Fortnight for Freedom for that reason, and though the event closed with a liturgy and addresses on Independence Day, it really served as a rocket booster to propel the movement to defend constitutional liberties forward.

No government should tell religious organizations either what to believe or how to put their beliefs into practice. We indeed hold this to be an unalienable, constitutional right. If freedom of religion is a constitutional value to be protected, then institutions developed by religious groups to implement their core beliefs in education, in care for the sick or suffering, and in other tasks must also be protected. Only by doing so can the free exercise of religion have any meaning.

This is a year of historic consequence in America. The president, the Chief Justice of the Supreme Court, elected representatives of the republic and citizens who may have taken liberty for granted all have a new – and very different – stake in it.

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Apr 06

The question is not whether President Obama keeps making gaffes and mis-steps lately in public policy or public statements. My question, instead, is…are they calculated and to what end?

This blogger wondered the same thing, particularly about the so-called ‘accommodation’ allegedly adjusting the HHS mandate to suit religious liberty claims.

Has this been Obama’s goal all along – to set such an extreme, unconstitutional standard to begin with that he is now able to set a still unconstitutional standard while the public believes he’s being reasonable?

He’s mis-stepping alright, but more voices are saying his steps are intentional and defiant. Like these Bloomberg News writers.

President Barack Obama has shown a willingness to campaign against the U.S. Supreme Court if the justices strike down his 2010 health-care law. It’s a strategy that’s as risky as it is rare.

With the court months away from a ruling, Obama ratcheted up the political stakes this week by saying a decision to reject the law and its requirement that Americans get insurance would be “judicial activism” by “an unelected group of people.”

Taking on the court would mean fighting an institution that polls show is historically the most admired branch of government.

He’s already made it a campaign strategy to run against Congress, alienating or at least irritating the Democratic leadership in the Senate and all members of Congress in the president’s party. Now, he seems to be running against the Court, making weirdly bad statements about the separation of powers and law precedent, for someone who lectured at the University of Chicago on constitutional law. Washington Times editors give him an F here.

For someone who once taught classes at a law school, President Obama doesn’t seem to know much about the powers of the Supreme Court.

At a press conference Monday, Mr. Obama said he did not think the high court would rule that forcing Americans to buy health insurance was unconstitutional. “Ultimately, I am confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress,” he said.

There’s plenty of precedent for voiding a law like Obamacare. The top justices have invalidated more than 150 federal laws in part or in whole. Nor would there be anything extraordinary about such a step, as courts frequently make these types of rulings. In fact, it would be unprecedented and extraordinary for it to let stand the unconstitutional aspects of Obamacare.

There’s also no truth to the suggestion that Obamacare passed by a “strong majority.” The vote was 219 to 212, a razor-thin margin in which 34 members of the president’s own party voted no. The margin of passage has never been a factor in the Supreme Court’s review of any law. That’s simply not a part of American jurisprudence. In fact, if Mr. Obama believes what he says, he ought to be very satisfied with the validity of the Defense of Marriage Act, which passed in 1996 by a whopping 275 margin in the House and by 71 votes in the Senate.

True, all true. But was it a blunder, or a strategy? That’s what provoked an appeals court judge to issue a testy demand the media called ‘a homework assignment’ to explain the president’s understanding of the courts, the law, judicial review and the separation of powers.

This blogger says it was a counter move that checked the president, who gets low marks on constitutional law.

What if the Supreme Court did not have the power to review laws or executive decisions, to overturn those that are “unconstitutional” – how different might life be in the United States? Until 1803, it was not a foregone conclusion that the Supreme Court of the United States would have that power, despite the fact that judicial review had its origins in early seventeen-century England and had been asserted by James Otis in the period leading up to the American Revolution. A relatively minor lawsuit led to one of the most important Supreme Court decisions in American history, Marbury v. Madison, laying the foundation for the Court’s ability to render its decisions about laws and actions. In Marbury v. Madison, the Supreme Court claimed the power to review acts of Congress and the president and deem them unconstitutional, creating a precedent for an American process of judicial review. Through the decision of Chief Justice John Marshall, then, the court assumed the powers with which it has since played such a vital role in American life.

And the president back-pedaled while DOJ complied with the appeals court judge’s demand for an explanation.

Attorney General Eric Holder made clear Thursday that the Obama administration recognizes the authority of federal courts, including the Supreme Court, to rule on whether the 2010 health care reform law or any other laws passed by Congress are constitutional.

So what did we learn and what did the president accomplish? Well, Americans now know more about Marbury vs. Madison than ever before, safe to say.

And a former Obama student, who later clerked for the particular appeals court judge who challenged the president’s remarks about judicial review, has spoken out about all the media chatter.

Imagine if you picked up your morning paper to read that one of your astronomy professors had publicly questioned whether the earth, in fact, revolves around the sun.  Or suppose that one of your economics professors was quoted as saying that consumers would purchase more gasoline if the price would simply rise.  Or maybe your high school math teacher was publicly insisting that 2 + 2 = 5.  You’d be a little embarrassed, right?  You’d worry that your colleagues and friends might begin to question your astronomical, economic, or mathematical literacy.
 
Now you know how I felt this morning when I read in the Wall Street Journal that my own constitutional law professor had stated that it would be “an unprecedented, extraordinary step” for the Supreme Court to “overturn[] a law [i.e., the Affordable Care Act] that was passed by a strong majority of a democratically elected Congress.”  Putting aside the “strong majority” nonsense (the deeply unpopular Affordable Care Act got through the Senate with the minimum number of votes needed to survive a filibuster and passed 219-212 in the House), saying that it would be “unprecedented” and “extraordinary” for the Supreme Court to strike down a law that violates the Constitution is like saying that Kansas City is the capital of Kansas.

Now this is interesting…

(Oddly enough, Prof. Obama didn’t seem too concerned about “an unelected group of people” overturning a “duly constituted and passed law” when we were discussing all those famous Fourteenth Amendment cases – Roe v. Wade, Griswold v. Connecticut, Romer v. Evans, etc.)

Exactly. The student has become the instructor (as has the appeals court judge), and this whole exercise has resulted in the transparency Obama promised in his presidential campaign, in spite of his ongoing efforts to avoid it.

Ironically, just three days before the January 20 HHS mandate was announced, Bill McGurn wrote this WSJ column on the administration’s overreach causing Americans to take a renewed interest in the Constitution. Its scrutiny has only increased since then.

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Apr 02

The individual mandate requring citizens to purchase something was challenged from the beginning in state and appellate courts, and opening argument were just heard before the US Supreme Court. The HHS mandate requiring citizens to purchase something that violates their conscience is being challenged in a first round of lawsuits with more joining by the week.

One of the new games in town during last week’s Supreme Court hearing of arguments on Obamacare has been handicapping the justices likely ruling on this case, when one comes.

But ‘the best defense is a good offense’ strategy returns as the president takes a shot at the Supreme Court, actually using the term “judicial activism” as a warning.

And President Obama is pressing the ‘activist court’ charge.

“Ultimately, I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress,” Obama said at a Rose Garden news conference.

The majority he referenced was not quite that strong; Congress approved the law two years ago in hard-fought party-line votes after a divisive national debate. Republican presidential contenders say they will make sure it is repealed if the Supreme Court doesn’t throw it out first.

For a president to weigh in so forcefully about a case currently under deliberation by the Supreme Court is unusual, and it speaks to the stakes at hand.

He did, after all, write the book about audacity.

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Mar 26

They launched big, in 140 cities, coast to coast.

Organizers hope it was only the beginning. They are indeed resourceful.

Take Chicago, for example, where a long summer-like streak ended that morning with a heavy downpour and chilly temperatures and adverse conditions. The crowd swelled to about 2,500 anyway. The sound system went out moments before the noon start time. The message was amplified anyway.

Trouble is, it had to be amplified by bullhorn. And I was the first speaker. I detested having to shout into a bullhorn mouthpiece so the crowd could hear. But was slightly horrified to hear the back of the crowd calling ‘louder, we can’t hear,’ having to crank it up to a higher pitch and force every word as loudly as possible. That’s not the way to deliver a message, in my book.

So here’s what I tried to say.

On January 11th, the Supreme Court unanimously ruled in favor of upholding constitutionally protected religious liberty when the Justice Department tried to exert federal authority over how churches define ministries. Obama appointee Justice Elena Kagan joined a concurring opinion with Justice Samuel Alito saying “we have long recognized that the Religion Clauses protect a private sphere within which religious bodies are free to govern themselves in accordance with their own beliefs.” Courts, the opinion stated, must avoid inquiring into whether religious reasons given for internal governance decisions are merely “pretexts” for evading legal obligations.

About a week later, the Obama administration’s HHS mandate was issued, on Friday the 20th, requiring insurance coverage of abortion-inducing drugs and sterilization and contraception, with virtually no religious exemption, thus exerting an audacious and sovereign end-run around even the courts. For the time being, anyway.

Okay, so with a blog I can expand a bit on the few minutes worth of remarks given under duress at a rally.

Earlier that same day, Friday January 20th, before the HHS mandate announcement, I was on the BBC program ‘World Have Your Say’ as part of a panel discussion on the SOPA and PIPA legislation in Congress to impose new restrictions on freedom of information. That panel included a young woman in Cairo, a man in Nairobi, a woman in Britain, a man in Washington and I was the US journalist in Chicago. Wikipedia had gone dark for a day to boycott government overreach, and many internet sites joined in some way to protest. Social media networks launched a campaign of activism so forceful, legislators started backing off the bill they had co-sponsored saying they heard the voice of the people and needed to reconsider legislation.

With the HHS mandate, government is denying conscience rights inherent in American tradition and fundamental to human rights everywhere. The right to conscientious objection has been nearly sacrosanct in American history, and now it’s being tried and tested to a new degree. More Americans oppose this move as government overreach than those who accept it as somehow an outgrowth of what’s colloquially known as ‘Obamacare.’

And btw…I cover enough news sources every day to know that’s not a pejorative as much as it is functional shorthand used by most media, to address those who try to discount criticism of the policies by criticising terminology. Some of the same people who have no problem with the term ‘Romneycare’ for GOP candidate Mitt Romney’s health care law in Massachusettes.

But I digress.

The morning of the rally, I heard the main organizer, Eric Scheidler, interviewed on television network news about the rallies across America, and the final question was ‘what do you want?’ The anchor said ‘there was an accommodation already made over this, so are you looking for another accommodation?’ I worked that into my brief remarks at the rally. There was no accommodation. It did not happen. The White House held a Friday press conference on February 10th announcing that there was, but the HHS mandate was entered into the public record that evening unchanged. It was a diversionary tactic, truth be told.

The Supreme Court hears arguments this week over the individual mandate in Obamacare, challenging the first time the federal government has required American citizens to purchase something by law. With the HHS mandate to purchase something, or provide insurance coverage for something, that violates consciences and religious beliefs, the court challenges are piling up and experts predict this mandate won’t stand judicial scrutiny.

Better to find a remedy before it gets to that point.

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Mar 18

Late last Friday when many Americans and certainly church leaders and were preparing for St. Patrick’s Day ceremonies and the fourth Sunday of Lent, the White House dropped a surprise announcement. As if no one would notice.

It said, essentially, the president has doubled-down on his already controversial HHS mandate. Instead of broadening the so-called exemption for religious institutions and individuals with moral objections, he broadened the demand for compliance with the mandate.

In a move that is likely to reignite the ire of religious leaders, late Friday afternoon the Obama administration announced a proposal that would require universities, including religious universities, to provide contraception, sterilization, and abortion-inducing drugs to their students, as well as their employees, without a co-pay. This appears to significantly widen the originally-announced HHS mandate, which had only applied to employees.

…It outlines three different options to ensure that the health plans for employees and students of religious organizations cover birth control, including abortifacient drugs, and sterilizations, without co-pay.

…Sister Mary Ann Walsh, spokeswoman for the U.S. Conference of Catholic Bishops, said she found it unusual the announcement came as part of a Friday news dump on the eve of St. Patrick’s Day.

Not for this administration. Especially on this issue.

The New York Times calls it a ‘clarification.’ But the opening lines of this piece clarifies nothing, it only repeats what we already knew, but gives the administration another opportunity to claim it’s making an ‘accommodation,’ which it’s not.

“It’s a Washington accounting gimmick,” Representative Jeff Fortenberry, Republican of Nebraska, said Friday in an interview. “The administration is twisting itself in all directions to expand the ‘accommodation’ for faith-based institutions. Why is it the government’s role to decide who gets an accommodation? The White House is creating an unnecessary political firestorm.”

Mr. Fortenberry has introduced a bill to let certain employers and insurers opt out of the mandate for contraceptive coverage. More than 220 House members have signed on as co-sponsors.

The new proposal virtually guarantees that birth control will remain an issue in the battle for the White House and Congress.

Not exactly. To really clarify, as long as the HHS mandate forces individuals and institutions to violate their consciences and religious liberty rights, government overreach will remain an issue in this election year.

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Jan 31

He won election with a slim majority of Catholic voters because enough progressives believed his policies aligned with social justice mandates of the Gospel. He just lost them with a mandate of his own.

The case his Department of Justice took before the Supreme Court was an audacious opening salvo. Now, his administration has launched an all-out assault on the church and believers and sympathizers.

Of the barrage of columns and articles and blog posts and commentaries on this, there are a few that stand out starkly for saying Obama’s Left Catholics. They deserve attention.

Ross Douthat in the New York Times:

When government expands, it’s often at the expense of alternative expressions of community, alternative groups that seek to serve the common good. Unlike most communal organizations, the government has coercive power — the power to regulate, to mandate and to tax. These advantages make it all too easy for the state to gradually crowd out its rivals…

Sometimes this crowding out happens gradually, subtly, indirectly. Every tax dollar the government takes is a dollar that can’t go to charities and churches. Every program the government runs, from education to health care to the welfare office, can easily become a kind of taxpayer-backed monopoly.

But sometimes the state goes further. Not content with crowding out alternative forms of common effort, it presents its rivals an impossible choice: Play by our rules, even if it means violating the moral ideals that inspired your efforts in the first place, or get out of the community-building business entirely.

This is exactly the choice that the White House has decided to offer a host of religious institutions — hospitals, schools and charities — in the era of Obamacare. The new health care law requires that all employer-provided insurance plans cover contraception, sterilization and the morning-after (or week-after) pill known as ella, which can work as an abortifacient. A number of religious groups, led by the American Catholic bishops, had requested an exemption for plans purchased by their institutions. Instead, the White House has settled on an exemption that only covers religious institutions that primarily serve members of their own faith.

Which absolutely everyone except HHS Secretary Kathleen Sebelius knows is not an exemption at all, nor even a fig leaf. It’s a sham.

The regulations are a particularly cruel betrayal of Catholic Democrats, many of whom had defended the health care law as an admirable fulfillment of Catholicism’s emphasis on social justice. Now they find that their government’s communitarianism leaves no room for their church’s communitarianism, and threatens to regulate it out of existence.

Critics of the administration’s policy are framing this as a religious liberty issue, and rightly so. But what’s at stake here is bigger even than religious freedom. The Obama White House’s decision is a threat to any kind of voluntary community that doesn’t share the moral sensibilities of whichever party controls the health care bureaucracy.

The Catholic Church’s position on contraception is not widely appreciated, to put it mildly, and many liberals are inclined to see the White House’s decision as a blow for the progressive cause. They should think again. Once claimed, such powers tend to be used in ways that nobody quite anticipated, and the logic behind these regulations could be applied in equally punitive ways by administrations with very different values from this one.

This is exceptionally keen insight on this ominous affront to sensibilities. Not to mention constitutionally protected liberties.

Michael Gerson in the Washington Post.

Catholic leaders are still trying to process the implications of this ambush. The president had every opportunity to back down from confrontation. In the recent ­Hosanna-Tabor ruling, a unanimous Supreme Court reaffirmed a broad religious autonomy right rooted in the Constitution. Obama could have taken the decision as justification for retreat.

And it would have been a minor retreat. The administration was on the verge of mandating nearly universal contraceptive coverage through Obamacare without public notice. There would have been no controversy at all if President Obama had simply exempted religious institutions and ministries. But the administration insisted that the University of Notre Dame and St. Mary’s Hospital be forced to pay for the privilege of violating their convictions.

Obama chose to substantially burden a religious belief, by the most intrusive means, for a less-than-compelling state purpose — a marginal increase in access to contraceptives that are easily available elsewhere. The religious exemption granted by Obamacare is narrower than anywhere else in federal law — essentially covering the delivery of homilies and the distribution of sacraments. Serving the poor and healing the sick are regarded as secular pursuits — a determination that would have surprised Christianity’s founder.

That’s not at all a stretch. As many have pointed out, this so-called ‘exemption’ wouldn’t even apply to Jesus.

But Gerson gets even more scathing.

Both radicalism and maliciousness are at work in Obama’s decision — an edict delivered with a sneer. It is the most transparently anti-Catholic maneuver by the federal government since the Blaine Amendment was proposed in 1875…

The implications of Obama’s choice will take years to sort through. The immediate impact can be measured on three men:

Consider Catholicism’s most prominent academic leader, the Rev. John Jenkins, president of Notre Dame. Jenkins took a serious risk in sponsoring Obama’s 2009 honorary degree and commencement address — which promised a “sensible” approach to the conscience clause. Jenkins now complains, “This is not the kind of ‘sensible’ approach the president had in mind when he spoke here.” Obama has made Jenkins — and other progressive Catholic allies — look easily duped.

Consider Catholicism’s highest-ranking elected official, Vice President Biden. Biden had encouraged engagement with the U.S. Conference of Catholic Bishops on conscience rights. Now he will be remembered as the Catholic cover for the violation of Catholic conscience. Betrayal is always an inside job.

Consider Catholicism’s most prominent clerical leader, Cardinal-designate Timothy Dolan, head of the Conference of Catholic Bishops. Dolan had pursued a policy of engagement with the administration. In November, he met face to face with Obama, who was earnestly reassuring on conscience protections. On Jan. 20, during a less-cordial phone conversation, Obama informed Dolan that no substantial concession had been made. How can Dolan make the argument for engagement now?

The implications of Obama’s power grab go further than contraception and will provoke opposition beyond Catholicism. Christian colleges and universities of various denominations will resist providing insurance coverage for abortifacients. And the astounding ambition of this federal precedent will soon be apparent to every religious institution. Obama is claiming the executive authority to determine which missions of believers are religious and which are not — and then to aggressively regulate institutions the government declares to be secular. It is a view of religious liberty so narrow and privatized that it barely covers the space between a believer’s ears.

It is a deservedly blistering analysis, in the end.

The administration’s ultimate motivation is uncertain. Has it adopted a radical secularism out of conviction, or is it cynically appealing to radical secularists? In either case, the war on religion is now formally declared.

But it has produced a perhaps-not-foreseen upshot. Already.

Elizabeth Scalia explains.

With the administration’s decision, the covert culture of death has finally made a truly overt move against the culture of life. On one side, there is cheering. “Women’s groups” are happy. Anti-religionists, particularly those with an animus toward the Catholic church, are nearly delirious. On the other side, there is a grimness that is interesting in its unity, particularly as it is playing out in Catholic media. The furor of more conservative Catholics is unremarkable, but the reactions of the so-called “progressive” church may surprise some for the intensity of their disappointment. At the National Catholic Reporter Michael Sean Winters—furious on behalf of those Catholics who “took some punches” for the sake of President Obama—declares he cannot, in good conscience, cast another vote Obamaward. He now suggests that the bishops chain themselves to the White House fence in order to bring attention to the direct assault this administration is making against the church’s constitutional right to its own conscience—its right to be what it is.

Before anyone on the ‘right’ goes off blaming their left-leaning co-religionists who helped usher this administration into power, consider:

…the laity—divided for decades on issues ranging from felt-banners to dress to dogma—has found a line in the sand upon which they can come together; “conservative” Catholics are reassured to see their more “progressive” brethren defending the church’s right to be who and what she is; more “progressive” Catholics may be coming to realize that—as relentlessly single-minded as some of their opponents could be—had they not held the line all these years, much could be crumbling at this moment.

Now is the time for all good Catholics to come to the aid of providers—the schools, hospitals, charities, and soup kitchens who serve communities in need without asking affiliations. And, in coming together, perhaps now is the time to ponder their long-held presumptions, each about the other, and broaden our own outreach as well.

If nothing else, in declaring war against our consciences, the Obama administration has given American Catholics a great gift of clarification; a fractious family we may be, but—as the saying goes—we are church. And we have the right to be who we are.

By God.

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Nov 20

Donations are supposed to be gifts, freely given. Especially when the gift is a bodily organ.

The rules for organ harvesting have already been changing for years. Now, new information is coming out about one of President Obama’s regulatory czars having an aggressive plan to remove organs from people who hadn’t designated themselves as donors.

The proposal could move the federal government closer into alignment with what has been proposed by longtime Barack Obama adviser Cass Sunstein.

Obama’s “regulatory czar” was revealed in 2009 to have pushed strongly for the removal of organs from those who did not give their consent to becoming an organ donor.

In his book, “Nudge: Improving Decisions about Health, Wealth and Happiness,” Sunstein and co-author Richard Thaler presented the possibility of the “routine removal” of organs because “the state owns the rights to body parts of people who are dead or in certain hopeless conditions, and it can remove their organs without asking anyone’s permission.”

What?

“Though it may sound grotesque, routine removal is not impossible to defend,” he wrote. “In theory, it would save lives, and it would do so without intruding on anyone who has any prospect for life.”

Not only grotesque, but bizarre…

He also has argued for presumed consent, the idea that anyone who has not left specific orders against organ donation is a voluntary contributor to the program, a plan that has been proposed in some state legislatures as recently as the last few years.

(emphasis added, for clarity)

A spokeswoman for the the operators of the Organ Procurement and Transplantation Network told WND that a new round of public comments will be heard regarding the issue that the CMA said would allow those caring for critically ill patients to start considering them for their potential to donate organs while they remain alive.

“Gone [would be] the crucial wall separating patient care from donation solicitations,” said a letter this week from the chief of the CMA. “Such undue influence on difficult decisions at a heart-wrenching time is ethically unacceptable.”

So is deluding the public into thinking that taking public comment means they could make a difference in determining legislation. We have only to recall the HHS ‘public comment’ window on mandated contraceptive and elective sterilization coverage. HHS asserted up front that they had no requirement to act on anyone’s wishes, public or institutional or even congressional oversight. The reality, they reminded everyone, is that they have unchecked power. And they will wield it as they will.

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