Category Archives: news

Rutherford Institute Asks Supreme Court to Declare Individual Mandate Provision of Obama Administration’s Healthcare Reform Unconstitutional

(WASHINGTON, DC) — The Rutherford Institute has filed an amicus curiae brief with the U.S. Supreme Court in a case that will determine whether the major overhaul of the nation’s healthcare financing system adopted by Congress in 2010 will survive. The Institute’s brief in U.S. Dept. of Health & Human Services v. State of Florida asks the Court to strike down the “Individual Mandate” provision of the Patient Protection and Affordable Care Act of 2010, which requires almost all Americans to purchase health insurance, as an unwarranted and unprecedented exercise of power by the federal government. Arguing that by enacting the Individual Mandate “Congress has intruded on individuals’ rights to make private decisions about their own health and in the process has disrupted the federal-state balance” of power, Rutherford Institute attorneys have asked the Supreme Court to uphold a lower court ruling that the Individual Mandate is an improper exercise by Congress of its authority to regulate interstate commerce.

The brief in U.S. Dept. of Health & Human Services v. State of Florida is available here.

“No American should be penalized for choosing not to have health insurance,” said John W. Whitehead, president of The Rutherford Institute. “The Individual Mandate provision of the Obama Administration’s Healthcare Reform legislation is an unprecedented exercise of federal power in a field that has historically been a province of the states.”

After taking office in 2009, President Barack Obama embarked on a legislative initiative to overhaul the nation’s health care system, resulting in the enactment of the Patient Protection and Affordable Care Act of 2010. An integral part of the legislation is the Individual Mandate which commands that, with limited exceptions, all individuals within the United States ensure that they and their dependents are covered by a minimum level of health insurance each month. Individuals who fail to comply with the Individual Mandate are subject to penalty which is statutorily set at $695 per person, including those for whom the noncompliant person is responsible. The Act provides that Congress enact the Individual Mandate under its power to regulate “interstate commerce” as set forth in Article I, § 8 of the U.S. Constitution. Shortly after its enactment, Florida and 12 other states filed a lawsuit challenging various aspects of the Act, including the Individual Mandate, arguing that Congress had exceeded its power under the Interstate Commerce Clause. In August 2011, the U.S. Court of Appeals for the Eleventh Circuit upheld the states’ claim that the Individual Mandate was unconstitutional and constituted an unprecedented exercise of authority by Congress in requiring persons to purchase a product for the remainder of their lives.

In their amicus brief, Rutherford Institute attorneys ask the U.S. Supreme Court to affirm the appeals court’s decision, arguing that a ruling upholding the Individual Mandate “has implications not only as to the freedom of citizens to decide how to provide for their health care, but more broadly on the federalism embodied in the United States Constitution that is meant to preserve liberty by preventing the concentration of power in the national government.” The Institute’s brief points out that the Courts have traditionally recognized that the Constitution permits states to make general health and welfare decisions for the public good, and that the Individual Mandate is contrary to this rule and not a “necessary and proper” exercise of Congressional authority.

Alfred W. Putnam, Jr. and other attorneys with the law firm of Drinker, Biddle & Reath LLP, of Philadelphia assisted The Rutherford Institute in drafting and filing the amicus brief.

Political Incorrect Global Freezing, At Least In Europe

By Daniel Downs

Thus far, America has experience one of the milded winters in history. The cause must be global warming–right?

Well, maybe not. Europe is being hammered with the realities of global freezing. Robert W. Felix reports the Sea of Azov froze trapping 100 vessels. The Dunabe has frozen cutting off access to 6 countries and halting sea-based trade. In Turkey, 2000 roads are blocked by heavy snow, 300 feet in some places. Survivors of the recent earthquake are now fighting to survive this disaster. The blast of snow is devestating Italy’s rural areas. Many villagers are trapped in 9 feet of snow. Hunfreds of barns have collapsed, animals killed, and crops destroyed. Ukraine, Serbia, Romania, Czechs, and other nations are suffering the same kinds of losses. Serbians officials have cut power in hopes of preventing a total collapse of the national grid, according to the report. Temperatures of -30C to -40C is driving up the demand for power that the cannot be sustained.

The number of deaths is estimated at 550 and the number trapped by snow at 140,000.

The video below is a news report about the winter storm in Romania by Romanian Internet PorTv.

By all indications, America’s mild winter is not the result of global warming but rather the result either of the beginning of a new ice age or a swap of winter weather patterns.

Ohio House Votes Against the Obama Mandate

(COLUMBUS) – The Ohio House of Representatives passed House Concurrent Resolution 35, calling on President Obama to reverse the HHS mandate requiring employers to pay for abortion-causing drugs.

“Requiring religious-based organizations to cover such drugs blatantly violates the conscience rights of individuals,” said Stephanie Krider, Director of Legislative Affairs for Ohio Right to Life. “If an employer has a moral objection to such coverage, this new federal mandate will force them to comply. This completely contradicts our rights of religious liberty.”

The “Obama mandate” requires health plans to cover all FDA-approved forms of contraception which include both Plan B and Ella, more commonly known as “emergency contraception” or “the morning-after pill”. There is significant evidence that these drugs can cause an abortion by preventing a human embryo from implanting in the womb.

Even with the so-called “compromise” offered last week, Ohio Right to Life and other pro-life groups will continue to protest this overreaching mandate.This resolution manifests that Ohioans will not stand for the outright denial of freedom by any version of the mandate.

Ohio Right to Life is grateful to Representative Barbara Sears and Representative Peter Stautberg for sponsoring this life-affirming resolution.

“People of all faiths, including Catholicism, Judaism, Christian Science, Jehovah’s Witnesses and others, should be very concerned that the government is forcing its will upon the conscience of its congregates,” said Representative Sears. “This is a critical issue and a clear overreach of the federal government’s power into an area they should not be meddling.”

“The federal government should not force employers to offer a product that violates their conscience or force religious leaders to act against their own teachings,” said Representative Stautberg. “We are sending a message to President Obama and Washington that here in the state of Ohio, we believe that religious freedom is worth defending.”

Syrian People Are Paying For Western Inaction With Their Lives

Dr. Zuhdi Jasser on behalf of the Syrian Democratic Coalition released the following statement regarding the escalating humanitarian crisis in Syria and the inability of the Obama administration to lead the world with a coherent strategy and action to directly aid the Syrian people in their quest for freedom rather than simply words:

“After over a year of demonstrations and over 7,000 Syrian men, women and children killed by Assad’s killing machine for simply wanting their freedom, it seems that there is no end in sight to the brutality of Bashar al-Assad and his military and no hope from the West or the UN for navigating a path forward for a Syria free of tyranny.

Bizarrely the United States and its western allies seem to be following the lead of the Arab League and its friends at the United Nations, cliques of autocrats often no better than Assad himself rather than lead free nations and immediately implement a clear strategy to end Assad’s regime. Britain’s foreign minister William Hague essentially took western intervention off of the table when he flatly stated ‘I don’t see the way forward in Syria as being western boots on the ground in any form, including in any peacekeeping form.’ Few are actually calling for “boots on the ground” but a Kosovo style solution with targeted bombing of military facilities and armamentarium would have essentially the same impact it did against the Serbs for the Bosnians giving in this case the Free Syria Army room and momentum to gain position, time, and safe zones. Hague’s comments seem to rather reflect a raising of the white flag in the face of determined opposition from Iran, Russia, China, and of course Syria itself.

The US’s attempt to bring together “Friends of Syria” is admirable but only one component of what should be a far more forward and comprehensive strategy to bring down the Assad regime and help foster a genuine transition toward democracy. The paralysis of the US and the West due to a fear of what may come next, sentences the Syrian people to their current miserable condition and bloodshed at the hands of the Baathist butchers in control of the Syrian military. Any transition will be messy but let us not let fear of change become accomplices in a horrific genocide occurring in towns across Syria. In the last week alone the city of Homs has seen continued shelling of neighborhoods, daily death tolls in the hundreds and an attempt to smother a town into silence by cutting off food, water and electricity.

There is no excuse whatsoever in 2012 for massacres like Homs to occur with inaction from the US and the free world. Shortsightedness may paralyze our weak leaders but in the end once the Syrians have rid themselves of Assad and all of his corrupt military leaders enacting kill orders across their nation against their own people, they will not forget how little the US openly did inside Syria to counter the forces of evil in Syria. If we have any desire to bring liberty to Syria rather than see it become Islamist, American soft power and some hard power must be utilized or all the Syrian people will know is how we sat silent as Iran, Russia, China, and Hizballah armed the Syrian military and they were aided only by a few Arab League nations. This is not the American legacy our families came to the US knowing and loving.

A Kosovo style solution with bombing, military air support, black ops and intelligence support, humanitarian aid, border aid with safe zones, genuine economic isolation through comprehensive sanctions (in addition to sanctions against direct Syrian supporters ie. Russia, China, Iran, and Lebanon) is possible and the only genuine support that will be in any way meaningful to the Syrian people. Any other so-called support with repeated diplomatic meetings, delay tactics, empty statements at press conferences is empty and transparently useless. The Syrian people know who is coming to their aid and who is not.

When Jay Carney on the behalf of the White House stated last week that the ‘right solution is a political solution’ for Syria this demonstrates such a profound ineptness and inability to articulate and understand the evil that is Assad and his military leadership that the US has fallen to an all-time low in its reliability in defending liberty abroad.

American diplomacy has taken a tragic turn when it is the UN’s Ban Ki Moon who is advocating the loudest for the freedom seeking people of Syria. Strategically Syria represents our greatest opportunity against the Iranian crescent of control through Iraq, Syria and Lebanon. As an ethnically and religiously diverse nation Syria stands as the Arab nation ultimately most likely to arise out of both secular fascism and Islamist fascism.

Our inaction is being paid for with the lives of the Syrian people. The Security Council gridlock will do nothing to change the situation on the ground. Russian Foreign Minister Sergey V. Lavrov told a news conference that ‘We should first have peace,’ before we agree to the Arab League proposal. Hypocritically the Russians are best suited to bring that peace by ceasing the arming and fueling of Assad’s military. The Syrian government does not make its own weapons. The United States needs to step away from the table at the UN and stop grasping at straws for a solution and seize the opportunity to lead for there to be any hope for change within the Middle East.”

—————————————————————

About Syrian Democratic Coalition

The Syrian Democratic Coalition (SDC) is an emerging coalition of diverse Syrian organizations coming together to help bring an end to the Assad regime and promote the transformation of Syria into a secular democracy based in liberty. The coalition is founded upon a belief in the separation of religion from state and is dedicated to establishing a new constitution and transparent federal republic in Syria, based in reason that equally protects minority rights, promotes gender equality, and embraces the rights and liberties of every individual as enumerated in the United Nations Declaration for Human Rights. This growing coalition crosses all ethnic, religious and tribal lines to represent all Syrians. It currently includes members of Save Syria Now!, the Kurdistan National Assembly of Syria, the Union of Syrian Arab Tribes and the Syrian Christian Democratic Movement.

Ohio Voters Support ‘Right-To-Work’ Law

Despite the overwhelming victory by organized labor and its allies in repealing SB 5 in this past election, by 54 to 40 percent Ohio voters favor the idea of passing a “right-to-work” law that would ban workers from being required to join a union as a condition of employment, according to a Quinnipiac University poll released today.

“Given the assumption that the SB 5 referendum was a demonstration of union strength in Ohio, the 54 – 40 percent support for making Ohio a ‘right-to-work’ state does make one take notice,” said Peter A. Brown, assistant director of the Quinnipiac University Polling Institute. “In the SB 5 referendum independent voters, who are generally the key to Ohio elections, voted with the pro-union folks to repeal the law many viewed as an effort to handicap unions. The data indicates that many of those same independents who stood up for unions this past November on SB 5 are standing up to unions by backing ‘right-to-work’ legislation.”

Support for “right-to-work” is 77 – 20 percent among Republicans and 55 – 39 percent among independent voters. Democrats are opposed 61- 31 percent.

A majority of men and women, those with and without college degrees and all age groups like the idea of Ohio becoming a “right-to-work” state. Support rises with income, from 48 – 44 percent among those making less than $30,000 per year to 59 – 39 percent among those making more than $100,000 per year. Voters in union households oppose such a law 65 – 32 percent.

WHO’s Report Is It Anyway?

By Susan Yoshihara, Ph.D.

(NEW YORK, C-FAM) In recent weeks a new paper asserting that all nations should liberalize abortion laws has been characterized by the news media as an authoritative study by the World Health Organization (WHO), but the paper’s fine print says it’s not a WHO report. Why the mismatch?

The report found that “unsafe” abortion has increased in recent years despite the fact that abortions overall are declining. It concluded that in order to make abortion “safe” and to reduce worldwide maternal deaths, restrictive abortion laws should be rescinded.

Media coverage served mainly to disseminate rather than critique the report, which was published in the British medical journal Lancet. The Lancet also characterized it as a WHO study, a joint project with the Guttmacher Institute, which is the research arm of Planned Parenthood, an abortion advocacy organization.

Notably absent from news coverage of the story is that that the WHO has distanced itself both from the views contained in this study and the views of previous studies by the same authors. Two of the authors, including one WHO staff member, collaborated previously on a paper asserting abortion is a human right.

Just over a month ago, a top WHO official asked that the signers of the San Jose Articles remove a footnote in the Articles stating that the WHO had said, “[a]ccess to safe, legal abortion is a fundamental right of women, irrespective of where they live.” (The San Jose Articles is an expert statement on the status of the unborn child in international law.) The quote appeared in a WHO paper, published on the WHO website, and referring all inquiries about its findings to WHO. Yet the official asserted that due to a disclaimer in the paper’s fine print, the Articles could not accurately say that WHO embraced the view. Organizers of the San Jose Articles removed the note.

The new study carries the same disclaimer, which states, “The authors alone are responsible for the views expressed in this paper and they do not necessarily represent the decisions, policy, or views of their institutions or those of funding agencies.”

Experts have sharply criticized the most recent report’s methodology, including the lack of data regarding abortion, a reliance on arbitrarily inflated abortion statistics, the conflating of spontaneous abortions (miscarriages) and planned or induced abortions, and the use of quasi-legal terms to define its dependent variable, “safe” abortion.

Such fundamental flaws would have made the paper warrant far less credence than it received. Arguably, it was the WHO imprimatur that caused many to overlook the errors in the rush to publicize it.

This raises the question: what is the position of WHO if it does not endorse the statement that abortion is a human right? And what is the position of WHO regarding whether all nations must liberalize abortion laws, the conclusion of this most recent paper?

If WHO’s position is neutral, why doesn’t this paper say so? The absence of such a statement leaves readers and reporters with the impression that the unambiguous declaration on abortion is the position of the organization that is disseminating the study.

Friday Fax asked WHO to answer these questions but the organization did not comment.

It is reasonable to conclude that WHO officials are trying to have it both ways: to endorse the controversial research but allow the organization to disclaim views when pressed.

Scientists have noted that WHO’s policy making role is in conflict with its research role in the area of reproductive health. They have urged WHO colleagues to abandon the political side of their work. The existence of a disclaimer in this latest, highly controversial and badly flawed paper, makes this recommendation all the more cogent – and urgent.

Susan Yoshihara is Senior Vice President for Research at the Catholic Family and Human Rights Institute (C-FAM), a New York and Washington DC-based research institute. Her article first appeared in the Friday Fax, an internet report published weekly by C-FAM and is republished here with permission.

Pro-Life Leaders Slam White House ‘Compromise’ On Birth Control Mandate

The White House announced today that, instead of forcing religious employers to pay for birth control, it will force insurance companies to offer the drugs free of charge to all women, no matter where they work. The plan, touted as a concession to freedom of religion and conscience, was immediately denounced by pro-life Rep. Chris Smith. “The so-called new policy is the discredited old policy, dressed up to look like something else,” said Smith. “The White House Fact Sheet is riddled with doublespeak and contradiction,” Smith continued. “It states, for example, that religious employers ‘will not’ have to pay for abortion pills, sterilization and contraception, but their ‘insurance companies’ will. Who pays for the insurance policy? The religious employer.”

Source: Life Site News, Feb. 10, 2012.

Future IMAX Theaters To Be Exclusively Powered By Barco

Barco, a worldwide leader in the Digital Cinema industry, announced today that it has been selected by IMAX Corporation as the exclusive, worldwide projection technology partner for its IMAX® theaters for the next seven years. Through its selection of Barco’s Guinness World Record winning Xenon lamp-based digital projectors, IMAX will immediately enhance The IMAX Experience® in its global cinema network. In addition, IMAX theaters will benefit from a new generation of high-performance, laser-based projectors, which are expected to be deployed in 2013.

Over the years, IMAX has established its reputation as the leading provider of awe-inspiring, immersive cinema experiences. In Barco, it has found an industry acclaimed technology partner that is able to further differentiate and maximize The IMAX Experience®. In the first phase of the partnership, the parties will integrate an enhancement of Barco’s existing Xenon-based projectors for use in IMAX’s current backlog and new system signings. This solution will be available in the second half of 2012. Simultaneously, Barco and IMAX will co-develop leading-edge laser technology – benefiting from Barco’s unique laser innovations and IMAX’s licensed Kodak IP. The companies will work together exclusively to manage the transition from Xenon-based to high-performance, laser-based projectors, which are expected to be deployed in 2013.

“Being selected by IMAX as the exclusive supplier for the world’s most immersive cinema experience is a strong endorsement of our leadership in the Digital Cinema projection business,” explains Wim Buyens, Senior Vice President of Barco’s Entertainment Division. “This partnership will strengthen our position as the premium provider of state-of-the-art cinema technologies that provide the perfect match for every screen, whether small or large. What’s more, it will enable us to further ramp up our manufacturing scalability and to continue setting the standard for future technologies.”

“As we continue to expand globally, it is critical that our technology partner keeps pace with our ambitions around innovation and growth,” said IMAX Chief Business Development Officer Robert D. Lister. “Barco is that partner. A leader in advanced digital and laser technology, Barco is well-known for its quality and integrity. We believe the result of this collaboration will further differentiate The IMAX Experience® for consumers, strengthening our value proposition for studios and exhibitors.”

Todd Hoddick, Vice President for the Barco Entertainment Division in North America, adds: “We are honored to have been selected by IMAX as their worldwide and exclusive digital projection technology partner. We are both excited and committed to bring the full weight of Barco’s operational excellence, integrity and ability to deliver on the ideals of the IMAX brand. Together we are determined to redefine the immersive cinema experience.”

The agreement with IMAX underscores Barco’s commitment to offer exhibitors the most comprehensive suite of products and solutions to create a premium movie experience in their auditoriums at the lowest cost of ownership. This is exactly what has made Barco a valued technology leader, – as illustrated by its long list of industry firsts and its Guinness World Record for the brightest projector – as well as a global market leader – reflected in the company’s 40% worldwide market share, market leadership in China and a strong global customer base.

Being appointed as the exclusive supplier of projection technology for the largest screens in the industry is a new milestone for Barco’s Entertainment Division, which has a long history of providing high-quality equipment to the Advertising, Rental & Staging, Branding & Retail, Sports, Digital Cinema and Corporate AV industry. In these markets, Barco continues to innovate with a full portfolio of pioneering imaging and sound products that optimize productivity and range from compact, reliable projectors for mid-sized businesses to the most powerful projectors, LED displays and image processors for operation in a broad spectrum of entertainment venues and outdoor events.

Pro-Life Congressman Steve Austria Questions Army Chief of Chaplains’ Religious Censorship

(COLUMBUS) – Today Congressman Steve Austria (R – Beavercreek) sent a letter to the Secretary and Chief of Staff of the U.S. Army questioning the Army Chief of Chaplains’ recent decision to disregard a letter sent to them by Archbishop Timothy Broglio on behalf of the Catholic Church. Bishop Broglio’s letter expresses concern
over the Department of Health and Human Services’ rule requiring coverage of contraception, sterilization and abortifacient services.

“The Obama administration has entirely overstepped its boundaries once again by outwardly censoring the voice of a religious institution,” said Ohio Right to Life President Mike Gonidakis. “This is an attack on American freedom unlike any we have seen in recent years. Ohio Right to Life is grateful to Congressman Austria for
taking a stand against this blatant and direct threat to religious liberty.”

The rule announced last month by the Obama Administration’s Department of Health and Human Services requires health plans to cover all FDA-approved forms of contraception which include both Plan B and Ella, forms of “emergency contraception” or the morning-after pill. There is significant evidence that these drugs can act as abortifacients by preventing a human embryo from implanting in the womb.

Ohio Right to Life thanks Congressman Austria for his immediate action in response to such injustices as those related to the Obama rule. To read Congressman Austria’s letter, click here.

Kasich Administration To Invest $350k To Better Coordinate Prenatal Care

The Governor’s Office of Health Transformation announced yesterday that it would partner with Nationwide Children’s Hospital’s Partners for Kids to replicate in Southeastern Ohio a Mansfield program that has show great strides in improving the health of at-risk mothers and their babies. (see Mansfield Journal News, DFeb. 3 2012)

Founded in 1999, the Community Health Access Project (CHAP) has achieved a 30-percent reduction in the risk for low-weight births in Richland County. The project uses a Community Pathway Model to improve health and preventative care for high-risk mothers and children in difficult-to-serve areas. It coordinates care for individuals within targeted medical “pathways,” such as medication assessment, smoking cessation and pregnancy and postpartum care.

OHT will join with Partners for Kids to use community liaisons to check on at-risk pregnant women to ensure that they are getting the preventive care they need and also help with non-medical needs such as transportation or housing.

In announcing OHT’s $350,000 investment to replicate the program for Medicaid beneficiaries in Appalachia, Director Greg Moody said the model was selected because it has improved outcomes and reduced costs.

“This initiative fits perfectly with the governor’s objectives to improve care coordination for vulnerable Ohioans and to pay for value, not volume, in health care,” Moody said.

Source: Health Policy Review Feb. 3, 2012