Skip to content
Catholic Online Logo

By Keith A Fournier

6/6/2013 (1 year ago)

Catholic Online (www.catholic.org)

The implications of this case are stunning, especially in light of where we are headed as a Nation.

The loving parents of this girl filed the emergency motion under Rule 65(b) of the Federal Rules of Civil procedure. Fortunately they found lawyers willing to help them. The likelihood of this happening after the implementation of the Affordable Care Act grows smaller given the magnitude of cases which will result. U.S. District Court Judge Michael M. Baylson granted the requested extraordinary relief and ordered the full matter to be heard on June 14, 2013 at 10:00 in the morning. This is far from over.

Highlights

By Keith A Fournier

Catholic Online (www.catholic.org)

6/6/2013 (1 year ago)

Published in U.S.

Keywords: Obamacare, HHS Mandate, health Care, Affordable care Act, end of life care, Sarah Murnaghan, Keith Fournier, Keith A Fournier


WASHINGTON, DC (Catholic Online) - A Federal Judge for the United States District Court, Eastern District of Pennsylvania, ordered Kathleen Sebelius, the Human Services Secretary, to move ten year old Sarah Murnaghan to the adult lung transplant list.

Thank God! That means this beautiful little girl might live.It means her parents might have her as a gift, to love and to raise.

This ten year old girl from Pennsylvania gained appropriate national attention because she will die unless she receives a lung transplant. She is dying of cystic fibrosis.

The Secretary of the United States Department of Health and Human Services refused to alter the application of the federal rules. The Federal Government was simply willing to let her die. This is an omen of what lies ahead as the Affordable care Act becomes a reality.

The Order of the Federal Court can be read in its entirety here. It is by no means the end of this  matter of life and death.

The loving parents of this girl filed the emergency motion under Rule 65(b) of the Federal Rules of Civil procedure. Fortunately they found lawyers willing to help them. The likelihood of this happening after the implementation of the Affordable Care Act grows smaller given the magnitude of cases which will result.

U.S. District Court Judge Michael M. Baylson granted the requested extraordinary relief and ordered the full matter to be heard on June 14, 2013 at 10:00 in the morning. This is far from over.

The implications of this case are stunning, especially in light of where we are headed as a Nation. We will soon embark upon the implementation of the Affordable Care Act. The Federal Regime will make these kinds of decisions routinely.

I have written extensively about the egregious implications of the Affordable Care Act as it relates to the HHS mandate which requires all employers, including Catholic and other religious employers, to cover sterilization, abortion inducing drugs, and contraception in their health care plans.

The alleged exemption offered to religious employers did not cover hospitals, universities, soup kitchens, outreaches to the poor and many other vital expressions of our Catholic faith and mission.

The accommodation which followed was a fraud, a shell game, which accomplished nothing. When the Mandate was recorded in the Federal Register, nothing had changed.

Catholics, like many other Christians and people of faith, know that that the Gospel of Jesus Christ demands a response which goes beyond the walls of our Church buildings. We are our brother and sister's keeper. We do not reach out to people in need because they are Catholic. We reach out to people in need because we are Catholic.

We will not comply with the unjust mandate from HHS.  

The Supreme Court decision to uphold the Patient Protection and Affordable Care Act, not under the Commerce Clause, but as an exercise of Congress' power to tax, shocked the press, confused the Nation and sent lawyers like me to read, re-read, analyze and parse the lengthy and complex opinion.

The dense, poorly reasoned opinion was authored for a 5- 4majority by Chief Justice John Roberts. Justices Kennedy, Alito, Scalia and Thomas dissented. The opinion upheld the individual mandate of the Act. I believed then and, even more now, they were wrong.

The Supreme Court ruled that the mandate requiring Americans to purchase health insurance was unconstitutional under the Constitution's Commerce Clause. However, it did not end there. They upheld the Act as a tax. 

Ironically, the Obama Administration initially argued that the penalty for non-compliance with the Affordable Care Act's mandate to purchase insurance was not a tax. However, they changed their position as the argument unfolded in the Chambers of the Court.

Like thousands of lawyers around the Nation, I digested this complex, dense and surprising opinion. I concluded it was a disaster on many fronts. The order of U.S. District Court Judge Michael M. Baylson today confirms my worst fears.

Not only does the federalizing of the delivery of health care services violate the principle of subsidiarity, it unleashes this kind of potential for evil every time the Federal Regime decides a life is not worth saving. This is an administration which does not recognize that children in the first home of the whole human race are our neighbors and have a Fundamental Human Right to Life.

This is an administration which apparently does not think an older person should receive a pacemaker! The President was clear on this in a comment he made on health care last year. Do we want the panels appointed by this regime making end of life care decisions?

My God, what have we done? What have we unleashed, thinking that we were expanding health care coverage, a noteworthy desire, have we inadvertently given ground to the culture of death?

Will we be forced to run to Federal Court every time a representative of the Regime decides that health care services are not warranted because, in their utilitarian analysis, the particular life in question is deemed by them to be less valuable than another? Are there enough lawyers, and enough sane federal judges, to hold back the onslaught?

---


Pope Francis: end world hunger through 'Prayer and Action'


Copywriter 2015 - Distributed by THE NEWS CONSORTIUM

Pope Francis Prayer Intentions for March 2015
Universal:
Scientists: That those involved in scientific research may serve the well-being of the whole human person.
Evangelization: Contribution of women: That the unique contribution of women to the life of the Church may be recognized always.


Rosaries, Crosses, Prayer Cards and more... by Catholic Shopping .com


Comments


More U.S.

California chef creates unique way to save water during record drought Watch

Image of California chef creates unique way for

By Nikky Andres (NEWS CONSORTIUM)

In drought-stricken California, Chef John Cox of Sierra Mar eatery, came up with a new method for saving water. MUNTINLUPA, PHILIPPINES (Catholic Online) - On a remote location off Highway 1, where people can see the Pacific in Big Sur, at the top of the cliff, is the ... continue reading


Strange new desks promise to help students focus Watch

Image of Standing desks replace traditional seating desks.

By Nikky Andres (NEWS CONSORTIUM)

Sedentary education is now being dismissed at Vallecito Elementary in San Rafael. MUNTINLUPA, PHILIPPINES (Catholic Online) - The elementary school's students are now standing in class, as the chairs were removed in four of their classrooms. According to one of the ... continue reading


Infant Exposure: Newborn Baby Rescued from a Dumpster Reunited with Hero Who Saved Him

Image of Officer Michael Buelna reunited with the baby he had saved from the trash, twenty five year old Robin Barton.

By Deacon Keith Fournier

Michael Buelna is a Police Officer in Santa Ana, California. In 1989 he heard a sound coming from a trash bin. When he looked closely, he discovered a newborn baby boy with his umbilical cord still attached. The child was only four hours old. He weighed four ... continue reading


Personal assistant to Mississippi Senator arrested for trafficking meth and date rape drugs Watch

Image of Assistant Fred Pagan was paid $160,000 in his Senate role last year, according to newspaper reports. The 49-year-old Pagan has worked for Cochran since he was 16 years old.

By Catholic Online (NEWS CONSORTIUM)

A Mississippi Senator's personal assistant has been charged with trafficking drugs from China to use as payment for sexual favors. An investigation was launched after police seized a package on April 9 with over a kilo of the date rape drug GBL addressed to ... continue reading


Oregon bakers who refused to make lesbian wedding cake get $100K from online fundraiser Watch

Image of Melissa Klein and her husband Aaron disapprove of gay marriage for religious reasons. They refused to  make the cake for a commitment ceremony in June of 2013.

By Catholic Online (NEWS CONSORTIUM)

The bakery Sweet Cakes by Melissa, in the Portland suburb of Gresham, made international headlines when they refused to make a wedding cake for a lesbian couple two years ago. The bakery was fined $135,000 -- $100,000 was raised on an online fundraising page ... continue reading


The Obama Administration to bring waves of immigrants to refugee settlements in the United States Watch

Image of You could look for clues if you're community is selected for immigration settlements, says WND.

By Talia Ramos (NEWS CONSORTIUM)

The Obama administration is no less than discreet. From the "Strengthening Communities by Welcoming All Residents: A Federal Strategic Action Plan on Immigrant and Refugee Immigration" report from the White House Task Force on New Americans, certain clues and signs ... continue reading


Lifting the Christian flag on Georgian government grounds raises concerns Watch

Image of

By Talia Ramos (NEWS CONSORTIUM)

After seeking legal recommendations, Cochran, Georgia was advised not to raise the traditional Christian flag outside City Hall. However, the city council decided to determine this through votes that eventually turned in favor of lifting the flag. The flag raising is ... continue reading


California's extreme drought causes rodents to raid homes Watch

Image of

By Talia Ramos (NEWS CONSORTIUM)

Rodents are being forced to forage into houses and residences for water to survive during the high temperature in California causing an extreme drought. The rats are going through various lengths and pushing themselves into small holes just to get some food and water. ... continue reading


It just might be the largest eruption ever! Fire in the belly - much more magma underneath Yellowstone volcano than thought Watch

Image of The recently discovered magma reservoir alone has a volume 2.5 times that of the Grand Canyon. However, these new expanses do not mean that the two hellish hollows could overflow the Grand Canyon with molten rock.

By Catholic Online (NEWS CONSORTIUM)

A research group, using seismic technology to scan Yellowstone National Park's depths has made a literally earth-shaking discovery. Yellowstone's magma reserves are many magnitudes greater than previously thought, making the notion of an eruption far more ... continue reading


Islamic State's seduction, recruitment of Americans under scrutiny Watch

Image of At least 25 Probable American recruits have been detained since January.

By Catholic Online (NEWS CONSORTIUM)

U.S. prosecutions of would-be recruits to Islamic State has grown exponentially. ISIS has used both brutality and perceptive propaganda to attract members worldwide, in ways that are far more sophisticated than al-Qaeda and other jihadist adherents. LOS ... continue reading


All U.S. News

Newsletters

Newsletter Sign Up icon

Stay up to date with the latest news, information, and special offers

Daily Readings

Reading 1, Acts 11:19-26
19 Those who had scattered because of the persecution ... Read More

Psalm, Psalms 87:1-3, 4-5, 6-7
1 [Of the sons of Korah Psalm Song] With its ... Read More

Gospel, John 10:22-30
22 It was the time of the feast of Dedication in ... Read More

Saint of the Day

Saint of the Day for April 28th, 2015 Image

St. Peter Chanel
April 28: In St. Peter Chanel, Priest and Martyr (Feast day - April 28) ... Read More

Inform, Inspire & Ignite Logo

Find Catholic Online on Facebook and get updates right in your live feed.

Become a fan of Catholic Online on Facebook


Follow Catholic Online on Twitter and get News and Product updates.

Follow us on Twitter