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'


Copywriter 2015 - Distributed by THE NEWS CONSORTIUM

Pope Francis Prayer Intentions for July 2015
Universal:
That political responsibility may be lived at all levels as a high form of charity.
Evangelization: That, amid social inequalities, Latin American Christians may bear witness to love for the poor and contribute to a more fraternal society.



Comments


More U.S.

Is Pope Francis going to endorse...BERNIE SANDERS?! Watch

Image of Many have said the Bernie Sanders aligns best with Pope Francis' positions on important issues, but they'd be wrong. Pope Francis is neither Republican nor Democrat, he is Catholic and no candidate matches him on all of the issues. Candidates who care about the Catholic vote would do well to heed his words when he visits in September.

By Marshall Connolly (NEWS CONSORTIUM)

The field of 2016 presidential contenders would do well to look over their shoulder and spend some time thinking about someone who could make a difference in their races -Pope Francis. In just a matter of weeks Pope Francis will come to Philadelphia and he will command ... continue reading


UNBELIEVABLE ACADEMIC RANT: Rutgers University professor declares U.S. is far more brutal than Islamic State Watch

Image of Academic Deepa Kumar is now drawing attention to a new rant that says that the U.S. is far more brutal than Islamic State. She says that U.S. military intervention in the Middle East has cost the lives of 1.3 million people.

By Catholic Online (NEWS CONSORTIUM)

Rutgers University professor Deepa Kumar, no fan of United States foreign policy, has spoken out against domestic policies before. Kumar is now drawing attention to a new rant that says the U.S. is far more brutal than Islamic State. She says that U.S. military ... continue reading


Jennifer Hartline: In Memory of Noah Wilson Watch

Image of While we had to accept that most terrible sight -- a beloved little child lying in a casket -- Noah's vision is the Beatific. Because of the death and resurrection of our Lord Jesus Christ, Noah lives forevermore. Death has not had the final word. Cancer has certainly not had the victory.

By Jennifer Hartline

Noah loved baseball, especially the Kansas City Royals. He loved superheroes, Legos, Ninja Turtles, and making the silliest faces for everybody. When he began his chemo, and blood tests and needles became a frequent, regular part of his life, he decided those ... continue reading


J. Matt Barber: This is Your Nuremberg, Planned Parenthood Watch

Image of Cecile Richards, president of the Planned Parenthood Federation is the main defender of the activities being engaged in by Planned Parenthood

By J. Matt Barber

Whereas the Nazis were responsible for the wholesale murder of more than 6 million Jews, those today who support the practice of abortion homicide are no less complicit in the systematic slaughter of 55-million-and-counting equally precious human beings post Roe ... continue reading


Staver and Fournier: Time for Civil Resistance and a New Alliance Watch

Image of We must stand up to unjust authority and openly declare that the Supreme Court is not the Supreme Being.

By Mat Staver and Deacon Keith Fournier

We stand together in affirming that marriage is between one man and one woman, intended for life, open to new life and formative of the family. The family is the first cell of civil society and must be protected from governmental abuse and interference. No Court, ... continue reading


Meet the nun who calmed Wild West bad man Billy the Kid: Sister Blandina Segale Watch

Image of

By Mary Rezac, CNA/EWTN News

Billy the Kid, a notorious bank and stagecoach robber of the Wild West, met his match in the most unlikely of people when he met Sister Blandina Segale. Santa Fe (CNA/EWTN News) - According to legend, and to Sr. Blandina's journal and letters, one of Billy the ... continue reading


New York Police Department reach extraordinary lengths to insure Pope's safety during visit Watch

Image of Quite unlike his predecessors, Pope Francis insists on meeting the faithful up close and personal. This presents special challenges to the NYPD.

By Catholic Online (NEWS CONSORTIUM)

The symbol of Christianity worldwide, Pope Francis' trip to New York City in late September presents a special challenge to the New York Police Department. The NYPD is going all out in order to protect the pontiff, almost to the point where "rush hour commuters ... continue reading


Mexican drug cartels fueling U.S. heroin epidemic Watch

Image of

By Catholic Online (NEWS CONSORTIUM)

The insidious Mexican drug cartels are having a massively detrimental effect on U.S. communities. The cartels have flooded the cities and suburbs with far more potent, less expensive heroin, sending overdose deaths skyrocketing. LOS ANGELES, CA (Catholic Online) - ... continue reading


African-American churches frequently targeted by arsonists Watch

Image of African American churches are targeted by arsons more than any other houses of worship. The ATF's results have been reported to a national database of church fires.

By Catholic Online (NEWS CONSORTIUM)

There have been 29 cases of churches being torched by arsonists in the United States this year alone. Frequently, African-American churches are set alight by arsonists because of racism, religious intolerance, or vandalism. LOS ANGELES, CA (Catholic Online) - "Anytime ... continue reading


Planned Parenthood threatened to be exposed with EIGHT MORE undercover videos Watch

Image of

By Nikky Andres (NEWS CONSORTIUM)

The series of unfortunate events will keep on rolling for Planned Parenthood as the founder of the Center for Medical Progress (CMP), David Daleiden, shared with conservative radio host Sean Hannity that there are eight more undercover videos that will reveal Planned ... 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, Numbers 12:1-13
1 Miriam, and Aaron too, criticised Moses over the ... Read More

Psalm, Psalms 51:3-4, 5-6, 6-7, 12-13
3 For I am well aware of my offences, my sin is ... Read More

Gospel, Matthew 14:22-36
22 And at once he made the disciples get into the ... Read More

Saint of the Day

Saint of the Day for August 4th, 2015 Image

St. John Vianney
August 4: St. John Vianney, Priest (Patron of priests) Feast day - August ... 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