Kathleen Gilbert

Roberts’ ‘very conservatism’ led him to uphold Obamacare: pro-life attorney

Kathleen Gilbert
Kathleen Gilbert
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ARLINGTON, Virginia, June 29, 2012 (LifeSiteNews.com) – While perhaps rightly earning the ire of conservatives, Justice Roberts’ role as the fifth vote upholding the federal health care law is less surprising in light of his reputation for strict constructionism, according to one pro-life legal expert.

John Jakubczyk, an attorney and National Right to Life representative for Arizona who has been active in the pro-life movement for 36 years, told LifeSiteNews.com that he was “disappointed that [Roberts] went to such lengths to find a means of upholding the statute.”

But the reasons Roberts did pose for his decision were actually conservative ones, said Jacubczyk, who had just finished reading the opinion at the National Right to Life Convention 2012 in Arlington, Virginia.

Roberts’ majority opinion on Thursday rejected the idea that the individual mandate was a power granted to Congress under the Commerce clause, but upheld it based on its possible interpretation as a tax. However, said Jacubczyk, Congress had passed the bill with the intention that the Commerce clause justified the mandate.

Justice Roberts wrote near the beginning of the majority opinion that the “permissive reading of these powers is explained in part by a general reticence to invalidate the acts of the Nation’s elected leaders.”

Wrote Roberts:

Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.

Jacubczyk said Roberts’ decision was understandable given a strict constructionist mindset: “[Roberts] was reading this thing in the light most likely to hold it, which is what a conservative judge normally does with a statute. So his very conservatism led him there.”

“As a lawyer, I can rationally understand his steps,” said Jacubczyk. However, he said, “I think he stretches this power to tax a little too far.”

“The notion that we are a federal government of limited powers does not mean we have an unlimited power to tax. And I think that’s what the implication is,” he said. “There’s an old saying that goes, the power to tax is the power to destroy.”

The attorney noted that Roberts’ finding against the bill’s Medicaid expansion was, in comparison, much less lenient. 

“He finds that the Medicaid provisions that deals with forcing states to comply, or having all their Medicaid funds withheld, is unconstitutional. So he is recognizing this relationship of federalism between the states and the federal government,” said Jacubczyk. “Why he didn’t just use that same reasoning with respect to the individual, is disconcerting.”

The ongoing constitutional challenge against the bill, in the form of lawsuits against the Health and Human Services (HHS) mandate forcing religious employers to insure employees’ birth control, is a different matter, said Jacubczyk.

That mandate could well be shot down by the Supreme Court because the HHS mandate is an administrative act “that goes far beyond what the Affordable Care Act claims,” rather than a Congressional act, he said - if the administration isn’t voted out of office by then.

“We would hopefully have a new HHS secretary anyway,” he said.

Meanwhile, the decision has created a “perfect storm” from a political perspective, as the individual mandate affects a large swathe of the population.

“People of all stripes who see this as being an intrusion upon our private lives need to stand up and say, excuse me, but we’re not going to re-elect the current administration,” he said.

“The question is, will the people respond? And they will get the government they deserve.”

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'Don’t ever say ‘yes’ to that. It’s terrible,' said Robertson.
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Phil Robertson: Never vote for politicians who support ‘ripping human fetuses’ from mom’s womb

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By John Jalsevac

Phil Robertson is known for not pulling any punches when it comes to expressing his opinions on controversial issues, and he certainly didn’t disappoint at the Outdoor Extravaganza in Louisiana earlier this month.

Speaking to a massive crowd of some 8,000 outdoors enthusiasts at the CenturyLink Center, Robertson blasted Christians for not getting active in the political sphere.

“There are about 90 to 100 million of us who claim Jesus. The problem is only half of you register to vote and out of the half of you that registers to vote, only half of that group actually goes and votes,” Robertson said, according to the ShrevePort Times.

“Therefore, when you’re looking up there and griping and complaining about what you see in Washington D.C., you might as well shut up,” he added. “The reason they’re there is we’re putting them there. If you don’t get anything else out of this, remember this — register to vote for crying out loud.”

But Robertson reserved his strongest remarks for politicians who support abortion.

“If the dude or woman is for ripping human fetuses out of their mother’s womb, don’t ever vote for that,” Robertson said bluntly. “Don’t ever say ‘yes’ to that. It’s terrible.”

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Robertson also lamented the increasing secularization of the United States.  

“We’ve lost it folks,” he told the crowd. “We ran God out of our schools. We ran him out of the entertainment business. We ran him out of the news media. We’ve run him out of the judiciary, and we’ve run him out of Washington D.C.

“Well, what you get is what is left up there. They’re ungodly. You agree?”

Ever since A&E’s Duck Dynasty became the most popular reality show in TV history, members of the Robertson family have earned a name as unapologetic defenders of traditional Christian values.

At the Outdoor Extravaganza, Phil was accompanied by his wife, Miss Kay, and eldest son Alan, who also addressed the crowds. 

Phil’s blunt deliveries have occasionally landed him in hot water – most memorably when he addressed the topic of homosexuality in an interview with GQ magazine, earning him a short-lived suspension from his TV show by A&E.

But Robertson refused to apologize for the remarks despite intense pressure from homosexual activists and leftist groups.

“They railed against me for giving them the truth about their sins,” Robertson later said about the response to his GQ interview, pointing out that in the interview he had simply quoted Scriptural prohibitions against homosexuality and a variety of other sins.

"The news media didn't even know it was a verse," Robertson said. "They thought I was just mouthing off."

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Four Indiana abortionists could lose their licenses over reporting violations

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By Ben Johnson

The attorney general of Indiana, Greg Zoeller, has asked a state board to review the medical licenses of four abortionists, including an out-of-state abortionist who failed to report two cases of statutory rape.

The Indiana Medical Licensing Board will review the cases of Dr. Ulrich “George” Klopfer, Dr. Resad Pasic, Dr. Kathleen Glover, and Dr. Raymond Robinson.

A press release from the attorney general's office called Klopfer's “the most egregious complaint.” Klopfer, who lives in Crete, Illinois, failed to report abortions of two 13-year-olds – one at his Women’s Pavilion abortion facility in South Bend and another in his office in Gary.

All abortions must be reported to the Indiana State Department of Health, and abortions performed on minors younger than 14 must also be reported to the Indiana Department of Child Services within three days. Under state law, children under the age of 14 are incapable of consenting to sex, so any sexual relationship with them is considered likely statutory rape.

Klopfer reported the two abortions 116 days and 206 days afterwards, something he described as “an honest mistake.” Klopfer faces a misdemeanor criminal charge in both Lake and St. Joseph county in connection with those allegations.

Every single one of the 1,818 abortion reports Klopfer turned in to state authorities between July 2012 and November 2013 was false or incomplete, Zoeller says. The doctor often omitted the father's name and had a habit of listing the date of every abortion at 88 weeks gestation.

The abortionist is also charged with 13 violations of the state's informed consent law.

“The pending criminal charges brought by county prosecutors along with the sheer volume of unexplained violations...merits review by the Medical Licensing Board to determine whether disciplinary action is warranted,” Zoeller said.

The other three abortionists work at the Clinic for Women in the Indianapolis area. According to a press release from the state attorney general's office, they “are in alleged violation of similar record-keeping and advice and consent laws regarding abortion procedures,” but they face no criminal charges.

The allegations were collected and submitted by Indiana Right to Life, which combed through Klopfer's records. “Our legislators passed laws regarding consent and record keeping to ensure high standards of quality and care for Hoosier women,” Indiana Right to Life President and CEO, Mike Fichter, said. “We're disappointed that these abortion doctors apparently did not willingly comply with Indiana law. We hope the Medical Licensing Board immediately schedules hearings.”

“If found guilty, we believe the abortion doctors should be fined and their licenses to practice in Indiana should be revoked," he added.

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His views were shared by national pro-life leaders. “We are encouraged by the filing of these Administrative Complaints today and urge the Board to revoke Ulrich Klopfer’s medical license due to the fact that he placed young girls in serious risk of continued rape and other abuse by neglecting to report,” said Troy Newman, President of Operation Rescue. “Each of these abortionist require stiff discipline in order to impress it upon others that laws are meant to be followed and that they are not above it.”

Zoeller's complaint did not mention a third abortion of a 13-year-old that Klopfer reported after the legal date. The abortion took place in Fort Wayne in February 2012, but he did not report the procedure until July. Police subsequently filed two charges of child molestation against Ronte Lequan Latham, who was then 19-year-old.

Tensions this produced with another physician in his Fort Wayne office led to the first abortion facility closure of 2014.

The epidemic of underreporting presumed statutory rape is not limited to Klopfer. Between 58 and 75 percent of abortions performed on Indiana girls under the age of 14 were not reported in accordance with the law, according to an investigation by Amanda Gray of the South Bend Tribune.

Klopfer had a history of run-ins with authorities. In 2010 and 2012, state inspectors found that he allowed the bodies of aborted babies to be stored in a refrigerator alongside medicine the office gave to women who came in for the procedure.

The board has not yet set a date to hear evidence and make a judgment about their fitness to practice. If the board objects, it could respond by issuing a reprimand, suspending a license, or revoking the abortionists' medical license and imposing fines.

The accused may continue performing abortions until the board makes a final decision. 

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President Obama speaks at Planned Parenthood's national conference in 2013.
Dustin Siggins Dustin Siggins Follow Dustin

Obama remakes the nation’s courts in his image

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By Dustin Siggins
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It has often been said that the Affordable Care Act (ACA) is President Obama's greatest achievement as president. However, that claim may soon take second place to his judicial nominees, and especially their effect on marriage in the United States.

In a new graphic, The Daily Signal notes that while President George W. Bush was able to get 50 nominees approved by this time in his second term, Obama has gotten more than 100 approved. According to The Houston Chronicle, "Democratic appointees who hear cases full time now hold a majority of seats on nine of the 13 U.S. Courts of Appeals. When Obama took office, only one of those courts had more full-time judges nominated by a Democrat."

Three of the five judges who struck down state marriage laws between February 2014 and the Supreme Court's Windsor decision in 2013 were Obama appointees, according to a CBS affiliate in the Washington, D.C. area. Likewise, the Windsor majority that overturned the Defense of Marriage Act included two Obama appointees, Justices Sonia Sotomayor and Elena Kagan. Obama has nominated 11 homosexual judges, the most of any president by far, says the National Law Journal.

Only one federal judge has opposed same-sex "marriage" since the Supreme Court's Windsor decision. He was appointed under the Reagan administration.

This accomplishment, aided by the elimination of Senate filibusters on judicial nominees, could affect how laws and regulations are interpreted by various courts, especially as marriage heads to a probable Supreme Court hearing on the constitutionality of state laws.

Democrats eliminated the filibuster for all judicial nominees except for Supreme Court candidates last year, saying Republicans were blocking qualified candidates for the bench. However, the filibuster was part of the reason Democrats were able to keep the number of approved Bush appointees so low.

The Supreme Court may hear multiple marriage questions in its 2015 cycle. 

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