February 10, 2012

The (conservative / anti-woman / constitutional-fetishist) verdict is in: “Even Obama’s ‘Compromise’ Is Unconstitutional”


Even Pres. Obama’s alleged “compromise” on his contraception mandate is unconstitutional, a House Republican leader and the chairman of a public policy research center said today.

Republican Study Committee Chairman Rep. Jim Jordan (R-Ohio) says Obama’s revised version of an ObamaCare mandate still violates the Constitution:

“This ObamaCare rule still tramples on Americans’ First Amendment right to freedom of religion. It’s a fig leaf, not a compromise. Whether they are affiliated with a church or not, employers will still be forced to pay an insurance company for coverage that includes abortion-inducing drugs.”

“This is not just a problem for church-affiliated hospitals and charities. Under these rules, a small business owner with religious objections to abortion-inducing drugs and contraception must either violate his religious beliefs or violate the law.”

“The liberal Obama administration thinks its political goals trump the religious faith of American citizens. That isn’t right, fair, or constitutional.”

Amy Ridenour, chairman of the National Center for Public Policy Research, agrees:

“Isn’t the compromise just a big spin and an insult to churches, because it implies that they just want an ‘out’ to permit them to pretend that they aren’t providing coverage they believe is immoral?

The HHS mandate is an unconstitutional infringement of the First Amendment. The compromise is, too.

Sure. But if you believe the Constitution to be a flawed document, you won’t be terribly impressed by the suggestion that your power grab / political pander to your base is potentially unconstitutional. In fact, you’re even more willing to press the issue — and let a politicized court decide — because if you win, you’ve fundamentally transformed the relationship between the State and the individual, and if you lose, well, you’ve still shown a base that wants nothing more than scuttling of constitutional limits on government powers that problematize their grand Utopian schemes that you are willing to throw off your oath to defend the Constitution in order to deconstruct it.

Writes Terry Jeffrey:

To individual American Catholics, and those who share the Catholic religious and moral conviction that sterilization, artificial contraception and abortion are wrong, Obama said: I am ordering you to buy a health insurance plan that violates the teachings of your faith and your conscience.

To insurance companies, Obama said: If you do business with a Catholic organization–or a religiously based organization that shares the Catholic view on sterilization, contraception or abortion–you must provide sterilizations, contraceptives and abortifacients to the employees of that organization free of charge.

This is exactly as if Obama were to say to grocery stores: You must provide milk, meat, and bread to your customers free of charge.

We have here not only a violation of the fundamental right to freedom of conscience, guaranteed by the First Amendment, but a violation of the property rights of insurance companies.

The president’s edict that Americans must buy insurance plans that cover all FDA approved contraceptives, including those that cause abortions, means he is saying to Americans: You must pay a private company to dispense drugs that kill unborn children.

No man has the rightful moral authority to issue such an order. It is an act of tyranny.

To which Obama and his progressive fellow-travelers might quip, “you say that as if it’s a bad thing…”

Posted by Jeff G. @ 3:52pm

Comments (33)

  1. Am I the only one who is wondering where are the calls for impeachment? This Executive just makes it up as he goes along. “We don’t need no steeenkin’ Constitution!”
    What other President in our history has trod so viciously on our governing documents and our unalienable rights? And that is not a rhetorical question.

  2. Did you see the letter Senator Joe Manchin (D, WV) sent to Obama before the “compromise” was announced?

    This mandate is a direct affront to the religious freedoms protected under the First Amendment to the Constitution. This is not only unacceptable, it is un-American.

    I think that left a mushroom shaped bruise…

  3. Has anyone heard tell of whether the Office of Legal Counsel had weighed in on the constitutionality of this executive measure before the fact of promulgation by Sec. Sebelius Jan. 20, and if so, whether a public document, a memo, or whatever designation to that effect has been produced? It might be an object of some amusement to witness the contortionist’s efforts to turn up into down, or black into white.

  4. An extension of Obama think might be “At some point, I think you have been Catholic enough!”

  5. “My finger snapping made you mad? Let me just snap my fingers and make it all better.”

    Tell me again that this guy is a genius.

  6. I think that left a mushroom shaped bruise…

    John, I hate to be a cynic, but Manchin is up for election. My guess is he is posing for the rubes. I have have watched Carl Levin do it in Michigan for 30+ years. Don’t hear a peep out of him for five years and then all of a sudden article after article appears lauding him for being the conscience of the Senate or some likewise inane drivel.

  7. He’s a “Constitutional Scholar” don’t-cha know. He just knows things that we don’t.

  8. @#6

    The Stab-u-now articles through Nov. will be a hoot.

  9. S’okay, iron308. I’m cynical, too. But to tell the President of the US (who’s in your own party) that he acted in a not only unacceptable but un-American way takes some stones.

  10. This is exactly as if Obama were to say to grocery stores: You must provide milk, meat, and bread to your customers free of charge.

    Or that PETA must sell fur coats.

    Or that halal and kosher markets must sell pork.

    Or that sporting-goods stores must sell cupcakes.

    Or that bakeries must sell cupcakes.

    Or that gas stations must give out slushees for free.

    Or that Greenpeace must subsidize baby-seal clubbing.

    Or that Planned Parenthood must provide massages, manicures, and pedicures.

    LOOK: If they can do it to the Catholics, they can do it to YOU.

  11. Mandy is at it again. In her own world where: “Obama Punks the GOP on Contraception

  12. AXELROD: Look, we have got to start doing something with these Catholics. Sure birth control is SCIENTIFICALLY proven to be good for women’s health, but you know what is really bad for women’s health, SCIENTIFICALLY speaking? Having babies. And we have to provide health care for them eventually. So it is a perfectly reasonable, SCIENTIFIC necessity that Catholics stop having so many kids. Who needs more than two kids? It’s just a basic fairness issue.
    -The Team, Oh Yes We Did, Party Archives(Restricted)

  13. oh for crimeny’s sake …I didn’t want O! (hasn’t been a requirement yet) but just read his remarks on “preventive care” …

    I thought I was used to his dishonesty, but really, this is breathtaking.

  14. “Obama Punks the GOP on Contraception “

    we shall see

  15. Obama:
    Now, as we move to implement this rule, however, we’ve been mindful that there’s another principle at stake here –- and that’s the principle of religious liberty, an inalienable right that is enshrined in our Constitution. As a citizen and as a Christian, I cherish this right.

    Yeah, we can see just where you’ve been “mindful”, Mr. President, right there in the absence of any uproar after the pronunciation of the policy.

    Oh, wait. What was that noise there, coming from the Amen corner? Someone miss a putt?

    Schade about those do-overs though. Get caught at that and no-one will want to play a round with you any longer, and certainly won’t trust your self-proclaimed “scores”.

  16. Free of charge. The Unicorn fairy Princess Dumbo Ears strikes again.

  17. “Hey Mulligan Man!”

  18. Something new with the Obama administration?? Not. Look what Catholics have to look forward to.
    Vinnie Alonzo

  19. Breitbart – I have videos ;-)

  20. Mandy is at it again. In her own world where: “Obama Punks the GOP on Contraception”

    Well he tried, sure. But the problem is, he and Mandy think they’re dealing with cartoon villains and religious fanatics.

    They’re wrong.

  21. You know, I don’t think it’s dawned on these idiots yet that they have opened up a Pandora’s Box.

    I keep reading around that “this will all blow over by November”. Ha!

  22. On one side:

    The new White House plan drew immediate support from Sister Carol Keehan, the head of the Catholic Health organization, who said that the “accommodation” by the White House “has responded to the issues we identified that needed to be fixed.” Sister Keehan–who had been an influential supporter of the Obama administration’s health-care plans, breaking publicly with the US bishops to urge passage of the legislation—had been briefed in advance by the White House about the new plan, and was ready to offer a public statement that was interpreted by many reporters as an indication that Catholics would support the new plan.

    Tellingly, pro-abortion groups such as Planned Parenthood and NARAL Pro-Choice America also threw their support behind the revised plan.

    And on the other:

    [A] group of prominent pro-life scholars denounced the plan as “morally obtuse.” An open letter signed by former US ambassador to the Vatican Mary Ann Glendon, Princeton professor Robert George, Notre Dame law professor Carter Snead, Catholic University President John Garvey, and Yuval Levin of the Ethics & Public Policy Center explained their objection:

    This so-called “accommodation” changes nothing of moral substance and fails to remove the assault on religious liberty and the rights of conscience which gave rise to the controversy. It is certainly no compromise. The reason for the original bipartisan uproar was the administration’s insistence that religious employers, be they institutions or individuals, provide insurance that covered services they regard as gravely immoral and unjust. Under the new rule, the government still coerces religious institutions and individuals to purchase insurance policies that include the very same services.

  23. I don’t see how this policy is any different in substand from the previous policy. I’m glad others aren’t fooled, either.

  24. ell he tried, sure. But the problem is, he and Mandy think they’re dealing with cartoon villains and religious fanatics.

    Baa haa haaa haa ..

    We’ve been “punked” by Obama? This was all a big set-up? How delusional is she?


  25. Go see what Ann Barnhardt has to say to Catholic priests.

    The so-called Obama Compromise on contraception, sterilization, and abortifacient coverage is pure, dripping, sulfuric evil from the pit of hell. And anyone who can’t see it is either a Marxist who is in league with the devil himself, or is stupid to the point of being unfit to walk the streets without direct supervision. Like I said, let the great and terrible sifting of men begin.

    Just, wow.

  26. What other President in our history has trod so viciously on our governing documents and our unalienable rights? And that is not a rhetorical question.

    Wilson. FDR.

  27. I heart Ann Barnhardt.

  28. What? No linky-love?

  29. Well he tried, sure. But the problem is, he and Mandy think they’re dealing with cartoon villains and religious fanatics.

    Mandy and the Prez believe they are cartoon heroes, so naturally they would believe their opposition are cartoon villains.

  30. @26 Except that there is no bargain struck. The USCCB says “Not so fast”

    The CHA does not speak for the Catholic Church. The USCCB does that and they so “no”.

  31. We just received information about this proposal for the first time this morning; we were not consulted in advance. Some information we have is in writing and some is oral. We will, of course, continue to press for the greatest conscience protection we can secure from the Executive Branch. But stepping away from the particulars, we note that today’s proposal continues to involve needless government intrusion in the internal governance of religious institutions, and to threaten government coercion of religious people and groups to violate their most deeply held convictions. In a nation dedicated to religious liberty as its first and founding principle, we should not be limited to negotiating within these parameters. The only complete solution to this religious liberty problem is for HHS to rescind the mandate of these objectionable services.

    We will therefore continue—with no less vigor, no less sense of urgency—our efforts to correct this problem through the other two branches of government. For example, we renew our call on Congress to pass, and the Administration to sign, the Respect for Rights of Conscience Act. And we renew our call to the Catholic faithful, and to all our fellow Americans, to join together in this effort to protect religious liberty and freedom of conscience for all.

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