Peter J. Smith

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Unconstitutional: Virginia federal judge rules against Obamacare

Peter J. Smith
Peter J. Smith
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RICHMOND, Virginia, December 13, 2010 (LifeSiteNews.com) – A federal judge in Virginia has ruled that a section of the national health care law is unconstitutional, making it the first time a federal judge has ruled in favor of the law’s opponents.

(Read the ruling here.)

U.S. District Judge Henry E. Hudson in Richmond today declared that Congress had no authority under the U.S. Constitution to mandate individuals buy health insurance or pay a fine to the federal government. That provision is the linchpin of the national health care reform law, the Affordable Care Act. It requires that all healthy individuals pay into health insurance plans so that insurance companies can afford to provide health coverage to individuals with pre-existing conditions and expensive health problems.

“Despite the laudable intentions of Congress in enacting a comprehensive and transformative health care regime, the legislative process must still operate within constitutional bounds,” Hudson ruled. “Salutatory goals and creative drafting have never been sufficient to offset an absence of enumerated powers.”

“At its core, this dispute is not simply about regulating the business of insurance - or crafting a scheme of universal health insurance coverage - it’s about an individual’s right to choose to participate,” Hudson wrote in his decision.

The ruling was a victory for Ken Cuccinelli, Virginia’s attorney general, who had challenged the law on the basis of a conflicting Virginia statute that prohibits individuals in the state from being forced to buy health insurance. Cuccinelli had also argued that the law violates the bounds of the Commerce Clause of the U.S. Constitution and the Tenth Amendment.

Hudson agreed that Congress overstepping the bounds of the commerce clause by compelling people to buy a product (health insurance) could have major implications when the principle is applied to other areas.

“An enactment that exceeds the power of Congress to adopt adversely affects everyone in every application,” he said.

Hudson did not issue an injunction, but said that the “the award of declaratory judgment is sufficient to stay the hand of the executive branch pending appellate review.”

Hudson declared that part of the law (sec. 1501) dealing with the individual mandate unconstitutional, but declined to declare the whole law unconstitutional. Instead, Hudson chose to sever that part of the Affordable Care Act from the rest of the law.

“I am gratified we prevailed,” said Cuccinelli in a statement. “This won’t be the final round, as this will ultimately be decided by the Supreme Court, but today is a critical milestone in the protection of the Constitution.”

Incoming U.S. House Majority Leader Eric Cantor (R-Va.) called Hudson’s ruling a “clear affirmation” of the unconstitutional nature of the Affordable Care Act and he challenged President Obama to file a direct appeal to the U.S. Supreme Court.

“In this challenging environment, we must not burden our states, employers, and families with the costs and uncertainty created by this unconstitutional law, and we must take all steps to resolve this issue immediately,” Cantor said.

Family Research Council’s Special Legal Counsel Ken Klukowski said, however, that Hudson’s ruling only got it “half right.”

Klukowski said that he should have struck down the whole law, because the severed individual mandate “is essential to a complex law.”

“Striking down the mandate requires a court to strike down the entire statute and return the matter entirely to Congress,” he said.

U.S. Rep. Tom Price, Chairman of the House Republican Study Committee, said in a statement that the GOP and willing allies would continue the fight for “patient-centered health care,” and undo the government-centered health care legislation. A fight to defund, repeal, and replace the Affordable Care Act is expected once the GOP takes over the House of Representatives in January.

“We should focus on the principles of access, affordability, quality, responsiveness, innovation, and patients’ choices without putting the federal government in charge,” he said. 

So far two federal judges have upheld the constitutionality of the individual mandate, while only one has struck it down.

However U.S. District Judge Roger Vinson in Pensacola is set to hear oral arguments on Thursday in the second major challenge to the ACA. That one is led by Florida AG Bill McCollum and is joined by 19 other attorneys general representing their respective states.

In all, there are just under two dozen legal challenges to the ACA making their way through federal courts.


Read Judge Hudson’s decision here.

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Cardinal Gerhard Ludwig Müller, prefect of the Vatican's Congregation for the Doctrine of the Faith
Thaddeus Baklinski Thaddeus Baklinski Follow Thaddeus

Vatican pressing forward with reform of US feminist nuns: Cardinal Müller

Thaddeus Baklinski Thaddeus Baklinski Follow Thaddeus
By Thaddeus Baklinski

Cardinal Gerhard Ludwig Müller, prefect of the Congregation for the Doctrine of the Faith, says the Vatican is pressing forward with plans to reform the U.S.-based Leadership Conference of Women Religious (LCWR).

In an interview published in the Vatican newspaper L’Osservatore Romano, the cardinal said that the reform of the LCWR, which was undertaken after an assessment of the group found serious doctrinal problems, will be carried out with the goal of helping them "rediscover their identity.”

“Congregations have no more vocations and risk dying out," Müller said. "We have first of all tried to reduce hostility and tensions, partly thanks to Bishop Sartain whom we sent to negotiate with them; he is a very gentle man. We wish to stress that we are not misogynists, we are not women gobblers! Of course we have a different concept of religious life but we hope to help them rediscover their identity.”

Moreover, the cardinal said that problems specific to the LCWR are not a reflection of all the women religious in the US.

"We need to bear in mind that they do not represent all US nuns, but just a group of nuns who form part of an association,” Müller said.

“We have received many distressed letters from other nuns belonging to the same congregations, who are suffering a great deal because of the direction in which the LCWR is steering their mission.”

Cardinal Müller's remarks confirmed the assertion he and the Holy See’s delegate to the LCWR, Archbishop Peter Sartain of Seattle, made in an address to LCWR officials in Rome on April 30, that the theological drift the feminist nuns are taking constitutes a radical departure from the foundational theological concepts of Catholicism.

The Holy See “believes that the charismatic vitality of religious life can only flourish within the ecclesial faith of the Church,” Müller said in the address.

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“The LCWR, as a canonical entity dependent on the Holy See, has a profound obligation to the promotion of that faith as the essential foundation of religious life. Canonical status and ecclesial vision go hand-in-hand, and at this phase of the implementation of the Doctrinal Assessment, we are looking for a clearer expression of that ecclesial vision and more substantive signs of collaboration,” he stated.

The LCWR has openly defied the mandate of reform intended to bring their organization into line with basic Catholic doctrine on the nature of God, the Church, and sexual morality.

Among the CDF’s directives, to which LCWR has strenuously objected, is the requirement that “speakers and presenters at major programs” be approved by Archbishop Sartain. This, Müller has explained, was decided in order to “avoid difficult and embarrassing situations wherein speakers use an LCWR forum to advance positions at odds with the teaching of the Church.”

The LCWR has invited speakers to their Annual Assembly such as New Age guru Barbara Marx Hubbard, and Sr. Laurie Brink, who is particularly noted for flagrantly denying the Divinity of Christ and telling the sisters that to maintain their “prophetic” place in society they need to “go beyond” the Church and even “go beyond Jesus.”

In one of the first public statements of his pontificate, Pope Francis affirmed that the investigation and reform of the LCWR must continue.

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Brian Fisher

Birth mothers: real heroes of the pro-life movement

Brian Fisher
By Brian Fisher
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What does it mean to be brave? Is it the doctor who dedicates himself to improving the health of a third-world nation? Is it the woman who faces her third round of chemotherapy to fight the progression of cancer? Is it the teacher who forgoes the comforts of a suburban school to reach minorities in the inner city? All of these are examples of bravery demonstrated in exceedingly challenging circumstances. And our society longs for stories of bravery to inspire us and fill us with hope.

As someone who works day in and day out with those on the front lines of helping rescue babies from abortion, I’m no stranger to stories of bravery. I see courage every day in the eyes of the men and women who sacrifice their time and energy to help women facing unplanned pregnancies. I see it every time a young mom — despite being pressured by her parents or significant other to get an abortion — chooses LIFE. And perhaps more profoundly than in any other situation, I see it when an expectant mom with no relational support, job, or income chooses to place her baby for adoption rather than abort her son or daughter.

This was Nicky’s situation.

When Nicky found herself pregnant with her boyfriend’s child, her life was already in shambles. During her 26 years, Nicky had already given birth to and surrendered sole custody of a little girl, committed several felonies, lived in her car, lost several jobs, and barely subsisted on minimum wage. So when she met up with an old boyfriend, Brandon, Nicky believed she was being given a second chance at happiness. “Our first year together was beautiful. We were getting to know each other and deciding if we would stay together forever.” Unfortunately, a positive pregnancy test result changed everything.

“When I told him I was pregnant, Brandon sat down on the bed, looked me in the eyes, and told me to ‘get an abortion’.” Nicky says those three little words changed everything for her. “I became depressed living with someone who wanted his child ‘dealt with.’”  Like thousands of women every day, Nicky began searching online for information on abortion, hoping her boyfriend would eventually change his mind. Through our strategic marketing methods, Online for Life was able to guide Nicky to a life-affirming pregnancy center where she received grace-filled counsel. “The woman I sat with was beyond wonderful. She helped me to just breathe and ask God what to do….And so I did.”

Nicky left the pregnancy center that day with a new resolve to choose life for her child, even though she still wasn’t sure how she’d financially support a child. “I was alone with just $10 in my pocket…and without any type of plan for what I was going to do.” So Nicky relied on the support of the staff she met at the life-affirming pregnancy center. With their help and through a chain of fortunate events, Nicky was put in contact with the couple who would eventually become her daughter’s adoptive parents.

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After meeting this couple face to face and coming to terms with her own desperate situation, Nicky conceded that the best thing for her unborn child would be to place her in someone else’s loving home. She told Brandon about her plans and he agreed that adoption would give their child the best chance at a happy and secure future. He even returned home to help Nicky prepare for the birth of their child. “The weeks leading up to my delivery were filled with a mixture of laughter, tears, protectiveness and sadness,” Nicky recalls. But one sentiment continued to be shared with her. “Brave…so brave.” That’s what everyone from the life-affirming pregnancy center to the adoption agency to the birthing center kept calling Nicky. “The nurses kept coming up to me and telling me they were honored to care for and treat someone like me.” After several weeks of preparation, Nicky finally gave birth to a healthy baby girl, and she made the dreams of a couple from the other side of the country come true.

Nicky’s adoption story continues to be riddled with a strange combination of pain and joy. “I cry every day, but I know my baby, who came out of a very bad time, ended up being loved by people from across the country.” When asked what message she’d like to share with the world about her decision to give up her child for adoption, Nicky responds, The voice of the mother who gives up a baby for adoption isn’t heard. We need to change that.”

To learn more about Online for Life and how we’re helping to make stories like Nicky and her daughter’s story a possibility, please visit OnlineforLife.org.

Author, speaker, and business leader Brian Fisher is the President and Co-Founder of Online for Life, a transparent, metric-oriented, compassion-driven nonprofit organization dedicated to helping rescue babies and their families from abortion through technology and grace.

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Dustin Siggins Dustin Siggins Follow Dustin

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New York farmers stop hosting weddings after $13,000 fine for declining lesbian ceremony

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By Dustin Siggins

New York farmers Robert and Cynthia Gifford, who were ordered last week to pay $13,000 for not hosting a same-sex "wedding," say they are closing that part of their operation.

"Going forward, the Giffords have decided to no longer host any wedding ceremonies on their farm, other than the ones already under contract," said Alliance Defending Freedom (ADF) lawyer James Trainor. ADF represented the Giffords in their legal fight against New York's non-discrimination law.

Last week, the Giffords were ordered to pay a $10,000 fine to the state of New York and $3,000 in damages to a lesbian couple, Jennifer McCarthy and Melisa Erwin, who approached them in 2012 about hosting their "wedding." The Giffords, who are Roman Catholic, said their religious convictions would not let them host the ceremony, but that McCarthy and Erwin could hold their reception on their property.

Unbeknownst to the Giffords, the lesbian couple recorded the two-to-three minute conversation. After declining to hold the reception on the Giffords' farm, on which they live and rent property, the lesbian couple decided to make a formal complaint to the state's Division of Human Rights.

Eventually, Judge Migdalia Pares ruled that the Giffords' farm, Liberty Ridge Farm, constitutes a public accommodation because space is rented on the grounds and fees are collected from the public. The Giffords argued that because they live on the property with their children, they should be exempt from the state law, but Pares said that this does not mean their business is private.

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Trainor told TheBlaze that the Giffords' decision to end wedding ceremonies at Liberty Ridge “will hurt their business in the short run," but that was preferable to violating their religious beliefs.

“The Giffords serve all people with respect and care. They have hired homosexual employees and have hosted events for same-sex couples,” he said.

However, "since the state of New York has essentially compelled them to do all ceremonies or none at all, they have chosen the latter in order to stay true to their religious convictions," Trainor explained to LifeSiteNews. "No American should be forced by the government to choose between their livelihood and their faith, but that’s exactly the choice the state of New York has forced upon the Giffords."

"They will continue to host wedding receptions," said Trainor.

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