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 May 2015
Universal:
That, rejecting the culture of indifference, we may care for our neighbours who suffer, especially the sick and the poor.
Evangelization: That Mary's intercession may help Christians in secularized cultures be ready to proclaim Jesus.


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


Comments


More U.S.

BACKWASH: California water officials consider repurposing sewage into drinking water Watch

Image of Unlike non-potable reuse, where treated sewage is used to irrigate crops, parks or golf courses - direct potable reuse takes treated sewage effluent and purifies it so it can be used as drinking water.

By Catholic Online (NEWS CONSORTIUM)

While it's "doable," few people in California are actually voicing any enthusiasm. Stricken by a crippling drought, water officials are going through some highly popular alternatives - and repurposing sewage water into drinking water is one of them. LOS ... continue reading


Gallup poll shows that one in four Americans not gay Watch

Image of Only 3.8 percent of Americans self-identify as gay, lesbian or transsexual.

By Matt Waterson (NEWS CONSORTIUM)

As Gay rights movements continue to disrupt society and political life, poll reveals that gay and lesbians are not as common in the United States as previously perceived. LOS ANGELES, CA (Catholic Online) - A new Gallup poll conducted in early May has revealed that ... continue reading


World's oldest woman reaches 116-years-old! Watch

Image of

By Talia Ramos (NEWS CONSORTIUM)

World's oldest woman, Jeralean Talley has added another year to her life - the world declared she turned 116 last weekend. Talley and her family, friends, the Inkster mayor and Congressman Conyers, delivered a message from President Barack Obama, celebrating her ... continue reading


The mystery behind brains discovered in the streets of St. Lawrence County Watch

Image of

By Nikky Andres (NEWS CONSORTIUM)

How would you react if you unexpectedly and inexplicably found nine brains on the side of the road while on your early morning run? Like most people, you may find yourself shocked and completely clueless on the origins of the brains. MUNTINLUPA, PHILIPPINES (Catholic ... continue reading


Memorial Day: Honor Those Who Died in Service. Thank Those who Serve. Pray For the Nation Watch

Image of

By Deacon Keith Fournier

I am always drawn to these words of Jesus on Memorial Day weekend, - No one has greater love than this, to lay down one's life for one's friends. (John 15:13) Military service which leads to laying one's life down is certainly an expression of this kind of heroic ... continue reading


Memorial Day: Chaplains - A Reminder that We Are One Nation Under God Watch

Image of

By Fr. Randy Sly

The work of our chaplains extends much farther than the post chapel. They labor on land, at sea and in the air. There are 1.4 million Catholics in the military; wherever they are stationed, the chaplain is there. These chaplains can be found bringing Jesus Christ to ... continue reading


Memorial Day: Honor Those Who Honor Our Nation with Heroic Sacrifice Watch

Image of Thank you, to every man and woman who has fought and is currently fighting for our homeland.  Thank you for doing everything within your power to make sure I and my children can sleep safely tonight.  I love and appreciate you and I pray God's blessing on you and your families.  Godspeed, and come home soon.

By Jennifer Hartline

Thank you, to every man and woman who has fought and is currently fighting for our homeland.  Thank you for doing everything within your power to make sure I and my children can sleep safely tonight.  I love and appreciate you and I pray God's blessing on you ... continue reading


MASSIVE OIL SPILL: Santa Barbara declares state of emergency over massive oil spill in Pacific Ocean Watch

Image of

By Hannah Raissa Marfil (NEWS CONSORTIUM)

About 9 miles of the Pacific ocean, across a popular spot on the California coast, was damaged after a pipeline leaked massive amounts of oil in the water earlier this week.     MUNTINLUPA, PHILIPPINES (Catholic Online) - According to officials, up to ... continue reading


UC Santa Barbara massacre survivor speaks on the day's events and his journey to recovery Watch

Image of www.thisischriswhite.com

By Atarah Haely (NEWS CONSORTIUM)

The fateful night of May 23, 2014, Antoine Cherchian managed to survive being shot by the virgin killer, Elliot Rodger, during his killing spree at UC Santa Barbara. While Cherchian sustained fatal injuries, along with six other students murdered, he is thankful for ... continue reading


Crackdown by federal agents on 'Pill Mills' in four southern states Watch

Image of An average of 44 people in the U.S. dies every day from opioids. These drugs include Vicodin, OxyContin and Percocet.

By Catholic Online (NEWS CONSORTIUM)

The Drug Enforcement Administration and other authorities are raiding pharmacies, pain clinics and other facilities in four southern U.S. states. It is all part of an aggressive crackdown on prescription pain drug abuse. LOS ANGELES, CA (Catholic Online) - ... 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, Sirach 36:5-6, 10-17
5 Send new portents, do fresh wonders, win glory for ... Read More

Psalm, Psalms 79:8, 9, 11, 13
8 Do not count against us the guilt of former ... Read More

Gospel, Mark 10:32-45
32 They were on the road, going up to Jerusalem; ... Read More

Saint of the Day

Saint of the Day for May 27th, 2015 Image

St. Augustine of Canterbury
May 27: At the end of the sixth century anyone would have said that ... 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