U.S. Judge Delivers Setback to ObamaCare Foes

By Peter J. Smith

DETROIT, Michigan, October 7, 2010 ( – A federal judge in Detroit has delivered a setback to opponents of the national health care reform law passed in March, ruling that the individual insurance mandate and other aspects are constitutional.

U.S. District Judge George Caram Steeh ruled Thursday that Congress has the authority to mandate that individuals carry health insurance by 2014 in the Affordable Care Act.

Steeh said the commerce clause of the U.S. Constitution allows Congress to not only regulate economic activity, but also the decisions of individuals that impact a “broader regulatory scheme.”

Robert Muise, senior lead counsel for the Ann Arbor-based Thomas More Law Center, which filed the suit on behalf of four individuals in March, said the ruling was “troubling.”

He told Thursday that Steeh “essentially ruled that the commerce clause authority is not limited to just economic activity, but that Congress can also regulate decisions related to economic activity.”

However, the judge cited two U.S. Supreme Court cases which broadly expanded the power of Congress to regulate economic activity as key precedent for the individual mandate in the Affordable Care Act.

Steeh invoked the New Deal era case of Wickard v. Filburn (1942), which substantially broadened the authority of Congress to regulate under the Commerce Clause. The high court agreed with the federal government that Roscoe Filburn’s decision to grow excess wheat for himself would affect interstate commerce, because the farmer would not be forced to buy extra wheat under a New Deal regulatory scheme designed to increase wheat prices during the Great Depression. 

He also referred to Gonzales v. Raich (2005) in which the high court upheld Congress’s efforts to fight marijuana consumption on the basis that the “Commerce Clause affords Congress broad power to regulate even purely local matters that have substantial economic effects.”

But Muise disagreed with Steeh’s conclusions, saying that under his reading of the commerce clause “there is virtually no limit to what Congress can regulate.”

“Our founding fathers created a federal government with limited enumerated powers. If the commerce clause can be read so broadly, then that whole fundamental concept of our constitutional republic no longer exists,” said Muise.

The case was the first lawsuit filed against the national health care law, President Barack Obama’s signature legislation, in the United States.

Steeh, however, did recognize that the plaintiffs had legal standing to challenge the Affordable Care Act – a critical victory for the Thomas More Law Center, which allows them to appeal the case on its merits.

He said the plaintiff’s claim of present and future economic injury was “entirely reasonable” as they would have to start saving today in order to buy more than $8,000 in insurance per year, starting in 2014.

Additionally, Steeh denied the U.S. Justice Department’s claim that the Anti-Injunction Act prevented the plaintiffs from requesting an injunction on the law since the facts of the case “have nothing to do with the assessment or collection of taxes.”

 “The case is set up nicely for an appeal, which we intend to do,” said Muise.

Thomas More Law Center plans to appeal Steeh’s decision to the Sixth U.S. Circuit Court of Appeals in Cincinnati, Ohio.

Twenty other state attorneys general have filed a separate lawsuit which is pending in Florida.

The Attorney General of Virginia has also filed a challenge to the health care law, which is pending in a federal court in Richmond.

Legal challenges to the Affordable Care Act are expected to end up before the U.S. Supreme Court.

Judge Steeh’s decision (Case No. 10-CV-11156) can be read here.

Share this article

Steve Jalsevac Steve Jalsevac Follow Steve

Today’s chuckle: Rubio, Fiorina and Carson pardon a Thanksgiving turkey

Steve Jalsevac Steve Jalsevac Follow Steve
By Steve Jalsevac

A little bit of humour now and then is a good thing.

Happy Thanksgiving to all our American readers.

Share this article

Featured Image
Building of the European Court of Human Rights.
Lianne Laurence


BREAKING: Europe’s top human rights court slaps down German ban on pro-life leafletting

Lianne Laurence
By Lianne Laurence

STRASBOURG, France, November 26, 2015 (LifeSiteNews) – The European Court of Human Rights ruled Thursday that a German regional court violated a pro-life activist’s freedom of expression when it barred him from leafleting in front of an abortion center.

It further ruled the German court’s order that Klaus Gunter Annen not list the names of two abortion doctors on his website likewise violated the 64-year-old pro-life advocate’s right to freedom of expression.

The court’s November 26 decision is “a real moral victory,” says Gregor Puppinck, director of the Strasbourg-based European Center for Law and Justice, which intervened in Annen’s case. “It really upholds the freedom of speech for pro-life activists in Europe.”

Annen, a father of two from Weinam, a mid-sized city in the Rhine-Neckar triangle, has appealed to the Strasbourg-based European Court of Human Rights at least two times before, Puppinck told LifeSiteNews.

“This is the first time he made it,” he said, noting that this time around, Annen had support from the ECLJ and Alliance Defense Fund and the German Pro-life Federation (BVL). “I think he got more support, better arguments and so I think this helped.”

The court also ordered the German government to pay Annen costs of 13,696.87 EUR, or 14,530 USD.

Annen started distributing pamphlets outside a German abortion center ten years ago, ECLJ stated in a press release.

His leaflets contained the names and addresses of the two abortionists at the center, declared they were doing “unlawful abortions,” and stated in smaller print that, “the abortions were allowed by the German legislators and were not subject to criminal liability.”

Annen’s leaflets also stated that, “The murder of human beings in Auschwitz was unlawful, but the morally degraded NS State allowed the murder of innocent people and did not make it subject to criminal liability.” They referred to Annen’s website,, which listed a number of abortionists, including the two at the site he was leafleting.

In 2007, a German regional court barred Annen from pamphleteering in the vicinity of the abortion center, and ordered him to drop the name of the two abortion doctors from his website.

But the European Court of Human Rights ruled Thursday that the German courts had "failed to strike a fair balance between [Annen’s] right to freedom of expression and the doctor’s personality rights.”

The Court stated that, “there can be no doubt as to the acute sensitivity of the moral and ethical issues raised by the question of abortion or as to the importance of the public interest at stake.”

That means, stated ECLJ, that “freedom of expression in regard to abortion shall enjoy a full protection.”

ECLJ stated that the court noted Annen’s leaflets “made clear that the abortions performed in the clinic were not subject to criminal liability. Therefore, the statement that ‘unlawful abortions’ were being performed in the clinic was correct from a legal point of view.”

As for the Holocaust reference, the court stated that, “the applicant did not – at least not explicitly – equate abortion with the Holocaust.”  Rather, the reference was “a way of creating awareness of the more general fact that law might diverge from morality.”

The November 26 decision “is a quite good level of protection of freedom of speech for pro-life people,” observed Puppinck.

First, the European Court of Human Rights has permitted leafleting “in the direct proximate vicinity of the clinic, so there is no issue of zoning,” he told LifeSiteNews. “And second, the leaflets were mentioning the names of the doctors, and moreover, were mentioning the issue of the Holocaust, which made them quite strong leaflets.”

“And the court protected that.”

Annen has persevered in his pro-life awareness campaign through the years despite the restraints on his freedom.

“He did continue, and he did adapt,” Puppinck told LifeSiteNews. “He kept his freedom of speech as much as he could, but he continued to be sanctioned by the German authorities, and each time he went to the court of human rights. And this time, he won.”

ECLJ’s statement notes that “any party” has three months to appeal the November 26 decision.

However, as it stands, the European Court of Human Rights’s ruling affects “all the national courts,” noted Puppinck, and these will now “have to protect freedom of speech, recognize the freedom of speech for pro-lifers.”

“In the past, the courts have not always been very supportive of the freedom of speech of pro-life,” he said, so the ruling is “significant.”

As for Annen’s pro-life ministry, Pubbinck added: “He can continue to go and do, and I’m sure that he does, because he always did.”  

Share this article

Featured Image
A vibrant church in Africa. Pierre-Yves Babelon /
Pete Baklinski Pete Baklinski Follow Pete

, ,

‘Soft racism’: German Bishops’ website attributes African Catholics’ strong faith to simplemindedness

Pete Baklinski Pete Baklinski Follow Pete
By Pete Baklinski

GERMANY, November 26, 2015 (LifeSiteNews) --  The only reason the Catholic Church is growing in Africa is because the people have a “rather low level” of education and accept “simple answers to difficult questions” involving marriage and sexuality, posited an article on the official website of the German Bishops' Conference posted yesterday. The article targeted particularly Cardinal Robert Sarah of Guinea, the Vatican's prefect of the Congregation for Divine Worship and ardent defender of Catholic tradition.

First Things blogger Leroy Huizenga, who translated a portion of the article, criticized the article's view as “soft racism.”

In his article, titled “The Romantic, Poor Church,” editor Björn Odendahl writes: 

So also in Africa. Of course the Church is growing there. It grows because the people are socially dependent and often have nothing else but their faith. It grows because the educational situation there is on average at a rather low level and the people accept simple answers to difficult questions (of faith) [sic]. Answers like those that Cardinal Sarah of Guinea provides. And even the growing number of priests is a result not only of missionary power but also a result of the fact that the priesthood is one of the few possibilities for social security on the dark continent.

Huizenga said that such an article has no place on a bishops’ conference website. 

“We all know that the German Bishops' Conference is one of the most progressive in the world. But it nevertheless beggars belief that such a statement would appear on the Conference's official website, with its lazy slander of African Christians and priests as poor and uneducated (Odendahl might as well have added ‘easy to command’) and its gratuitous swipe at Cardinal Sarah,” he wrote. 

“Natürlich progressives could never be guilty of such a sin and crime, but these words sure do suggest soft racism, the racism of elite white Western paternalism,” he added. 

African prelates have gained a solid reputation for being strong defenders of Catholic sexual morality because of their unwavering orthodox input into the recently concluded Synod on the Family in Rome. 

At one point during the Synod, Cardinal Robert Sarah urged Catholic leaders to recognize as the greatest modern enemies of the family what he called the twin “demonic” “apocalyptic beasts” of “the idolatry of Western freedom” and “Islamic fundamentalism.”

STORY: Cardinal Danneels warns African bishops to avoid ‘triumphalism’

“What Nazi-Fascism and Communism were in the 20th century, Western homosexual and abortion ideologies and Islamic fanaticism are today,” he said during his speech at the Synod last month. 

But African prelates’ adherence to orthodoxy has earned them enemies, especially from the camp of Western prelates bent on forming the Catholic Church in their own image and likeness, not according to Scripture, tradition, and the teaching magisterium of the Church. 

During last year’s Synod, German Cardinal Walter Kasper went as far as stating that the voice of African Catholics in the area of Church teaching on homosexuality should simply be dismissed.

African cardinals “should not tell us too much what we have to do,” he said in an October 2014 interview with ZENIT, adding that African countries are "very different, especially about gays.” 

Earlier this month Belgian Cardinal Godfried Danneels, instead of praising Africa for its vibrant and flourishing Catholicism, said that African prelates will one day have to look to Europe to get what he called “useful tips” on how to deal with “secularization” and “individualism.” 

The statement was criticized by one pro-family advocate as “patronizing of the worst kind” in light of the facts that numerous European churches are practically empty, vocations to the priesthood and religious life are stagnant, and the Catholic faith in Europe, especially in Belgium, is overall in decline.

Share this article


Customize your experience.

Login with Facebook