Skip to content
Catholic Online Logo

By Keith A Fournier

6/6/2013 (2 years 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 (2 years 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'


Copyright 2015 - Distributed by THE CALIFORNIA NETWORK

Pope Francis Prayer Intentions for April 2016
Universal:
Small Farmers: That small farmers may receive a just reward for their precious labor.
Evangelization: African Christians: That Christians in Africa may give witness to love and faith in Jesus Christ amid political-religious conflicts.



Comments


More U.S.

No Phony Truces in the Battle to Block Most Anti-Life, Liberal Court in a Generation

Image of The United States Supreme Court

By J. Kenneth Blackwell

While much of our attention is on the Presidential race, the looming battle over a Supreme Court nomination merits no less attention.  The battle lines are clear in this nomination and the future of the Court and our Constitutional principles are at ... continue reading


Fr Frank Pavone - Amoris Laetitia: Pope Francis' Encouraging Roadmap for Families Watch

Image of Fr Frank Pavone, National Director, Priests for Life

By Fr. Frank Pavone, National Director, Priests for Life

Amoris Laetitia is a timely and loving exhortation for families towards genuine charity that begins within the nuclear family. It can be described as a new road-map for a culture that has taken a sad and tragic detour. The Joy of Love recognizes women's ... continue reading


Catherine of Siena: We Need Saints for this Missionary Age Watch

Image of Today, in the Roman Catholic Liturgical Calendar, we commemorate one of the greatest women saints of Christian history, Catherine of Siena.  While praying at Peter's tomb, she experienced the great weight of the Church fall on her shoulders.

By Deacon Keith Fournier

Father, raise up women like Catherine of Siena for this new missionary age of your Church. Women who are so in love with you, and so conformed to the Image of your Son, they can do for your Church in this hour, what she did in her own. Saints are a gift for the ... continue reading


Christian student shockingly dropped from master's program for practicing religious rights Watch

Image of Andrew Cash was discriminated against for practicing his religious rights (YouTube).

By Kenya Sinclair (CALIFORNIA NETWORK)

Andrew Cash practiced his religious rights at Missouri State University - and was dismissed from the master's program in counseling as a result. LOS ANGELES, CA (Catholic Online) - According to the Catholic News Agency, Cash was referring same-sex couples to another ... continue reading


Not a newsflash, U.S. government authorized use of propaganda on American people...in 2013. Here's who to blame Watch

Image of Obama signed the amendment into law in 2013.

By David Drudge (CALIFORNIA NETWORK)

Does the news seem a little too pro-American to you? Does it seem reporters pull punches and that the real issues are ignored? Perhaps that's the result of a quiet change to the law that took place in 2013. A law banning the use of government propaganda on the American ... continue reading


The cost of incarceration: What can we do? Watch

Image of What can we do about overpopulated prisons and ex-cons' ability to find work (Shannon Stapleton/Reuters)?

By Matt Hadro (CNA)

Experts from across the political spectrum are calling for criminal justice reform, as a new White House report shows the human and economic costs of the current justice system. Washington D.C. (CNA) - "This is a singular moment in one of the most challenging issues ... continue reading


Sickening portrayal of Jesus pinned to a dartboard presented as art in university library Watch

Image of

By Abigail James (CALIFORNIA NETWORK)

An appalling portrayal of Jesus plastered to a dartboard was posted up as artwork inside the Art Library at Rutgers University in New Brunswick, New Jersey. LOS ANGELES, CA (Catholic Online) - The "art piece," titled "Vitruvian Man," shows Jesus nailed to the dartboard ... continue reading


Which bathroom should you use? And why is this a question? Watch

Image of Figuring out which restroom to use isn't supposed to be a dilemma.

By Marshall Connolly (CALIFORNIA NETWORK)

The American people are seemingly obsessed with public restrooms these days and precisely how people use the potty. The fear is being stoked by concerns that individuals who "self-identify" as the opposite sex, will take advantage of liberal policies and assault ... continue reading


Prayer Is the Path to Real Freedom Watch

Image of Prayer is the lifeline of a Christian

By Deacon Keith Fournier

Jesus said to his disciples: Ask and it will be given to you; seek and you will find; knock and the door will be opened to you. For everyone who asks, receives; and the one who seeks, finds; and to the one who knocks, the door will be opened. CHESAPEAKE, VA. ... continue reading


Why is Obama now sending 250 MORE troops to Syria? Watch

Image of U.S. President Barack Obama will be sending more troops to the Middle East.

By Kenya Sinclair (CALIFORNIA NETWORK)

U.S. President Barack Obama announced 250 more special operations forces are to be deployed to Syria within the next few weeks. LOS ANGELES, CA (Catholic Online) -  Obama stated: "Just as I approved additional support for Iraqi forces against ISIL, I've decided to ... continue reading


All U.S. News

Newsletters

Newsletter Sign Up icon

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

Subscribe to Catholic OnlineYouTube Channel

the FEED
by Catholic Online

Daily Readings

Reading 1, Acts 16:1-10
1 From there he went to Derbe, and then on to Lystra, where there was a ... Read More

Psalm, Psalms 100:1-2, 3, 5
1 [Psalm For thanksgiving] Acclaim Yahweh, all the earth,2 ... Read More

Gospel, John 15:18-21
18 If the world hates you, you must realise that it hated me before it ... Read More

Saint of the Day

Saint of the Day for April 30th, 2016 Image

St. Pius V, Pope
April 30: Pope from 1566-1572 and one of the foremost ... Read More