Court warns Obama that he is abusing Executive authority with ObamaCare contraception mandates… “But Judge Cogan didn’t buy it. “It would set a dangerous precedent to hold that if the Executive Branch cannot act unilaterally, then there is no alternative solution,” said the judge.” | Coach is Right
by Doug Book, editor
Two months ago, the DC Federal Appeals Court ruled that ObamaCare’s mandate to provide insurance coverage for contraceptives could not be imposed on the business organizations Freshway Foods and Freshway Logistics of Sidney, Ohio.
The Court ruled that “…forcing those owners to provide the coverage would violate their individual First Amendment rights allowing for the protection of their religion.” (1)
Then, on December 16th, Judge Brian Cogan made his U.S. District Court for the Eastern District of New York “…
the first court to hold that participating in Obama’s scheme to provide free birth control is a substantial burden on the free practice of religion…” (2) Not only did Cogan strike down Obamacare’s contraception mandate as applied to religious non-profit organizations, he also “…sent a strong signal that federal courts were losing patience with President Obama’s many stitches of executive power.” (2)
Prior to the December 16th ruling, administration attorneys argued that because Congress refused to institute a contraception mandate which satisfied White House demands, Obama was somehow “…authorized to enforce his contraception mandate in the manner he did.” In short, Barack should be allowed to ignore both the law and constitutional limits on Executive power if Congress doesn’t satisfactorily submit to his wishes.
But Judge Cogan didn’t buy it. “It would set a dangerous precedent to hold that if the Executive Branch cannot act unilaterally, then there is no alternative solution,” said the judge. (2)
In addition to its defeat in Judge Cogan’s court, ObamaCare suffered yet another blow just this weekend when a federal judge in Oklahoma City “…granted an injunction…that prevents the government from enforcing the ObamaCare mandate requiring religious groups across the country to provide insurance that includes access to the morning-after pill and other contraceptives.” (3) The injunction prevents the government assessing massive financial penalties against the nearly 200 plaintiffs in the class action suit.
Three for-profit appeals cases are currently pending before the………………
By Alan Keyes
[A post a few days ago featured a comment that aptly described the situation of the GOP‘s conservative grassroots base as a political version of spousal abuse syndrome.
This morning, I read the following pithy comment from the same reader, freelance writer Virginia Rathbun, about one of the subjects in Tuesday night’s Obama/Romney exchange. I post it here, along with some thoughts of my own which it inspired.]
During the second debate, Barrack Obama issued a direct and accurate challenge to Romney on social issues: “In my health care bill, I said insurance companies need to provide contraceptive coverage to everybody who is insured…. Governor Romney not only opposed it; he suggested that in fact, employers should be able to make the decision as to whether or not a woman gets contraception through her insurance coverage….”
During the past couple of days, the United States of America was treated to a “diversion” from the harsh reality of the very difficult economic situation that concerns most Americans.
That ”diversion” came from the recent issue of birth control, Sandra Fluke, and Rush Limbaugh.What happened was last week, conservative talk radio show host, Rush Limbaugh, during his midday radio show talked up on the issue of both birth control and this woman by the name of Sandra Fluke.
It is not bad enough that he provides partisan blather, that he demeans our President.
He has regularly demeaned women.
We have a moral objection to our tax dollars being used for such a purpose.
You should move immediately to cancel any further broadcast through government facilities of his venom.
But your party is still pushing this issue. In the Senate, they offered a Blunt amendment this week which said that any business, any insurance company could decide on moral grounds not to offer birth control coverage as part of the health insurance plan.
Ron Paul: This birth control debate is just “silly” (Focus on freedom-breaching nature of Obamacare)
In an interview with Piers Morgan last night, Ron Paul called the debate about the Obama administration’s contraception mandate “silly.” Refusing to discuss the mandate in terms of either “women’s health” or “sexual morality,” Paul kept the focus squarely on the freedom-breaching nature of Obamacare in general.
In this instance, Paul, who in his first career as an OBGYN delivered hundreds of babies and was paid to care for “women’s health,” possesses a special credibility — and his classic libertarian response was a model for how to handle the issue for those who don’t want to discuss the cultural underpinnings and implications of the administration’s mandate.