Ironically, I believe the way to have Obamacare overturned is as an infringement of our Right to Privacy (RTP) as set out in Roe v. Wade and the other Privacy cases.  Since the RTP has been found to be a fundamental right the court must apply strict scrutiny to any law that infringes upon it.  Since abortion as a medical decision between the woman and her doctor falls into this right to privacy, why would every other medical decision also not fall under our RTP?  I believe that all medical decisions fall under our RTP.

Once that hurdle is cleared, the government must show a compelling government interest in regulating this right.  This I believe they can do.  However, the key challenge is that this compelling government interest that allows the regulation must be “narrowly tailored” to serve that compelling government interest.  What does this mean?  In Roe it meant that the Texas law proscribing all abortions was too broad to be narrowly tailored.  The court found that only once the fetus was viable could Texas prohibit abortions.

Turning to Obamacare, is the 2400 page bill narrowly tailored?  I don’t think so.  The healthcare databases infringe our right to privacy as does empowering HHS to engage in rulemaking with virtually no restraints.  I don’t think Obamacare could possibly withstand a RTP challenge under strict scrutiny.  I am surprised to not see this challenge being advanced.  As an attorney, A Catholic, and one who considers himself Pro-Life, the beautiful irony of taking out Obamacare with Roe is that it would chill the Left with the dilemma of either having universal healthcare or abortion rights.  If a pregnant woman has a RTP regarding medical decisions regarding her child, why should every other citizen not have that right without HHS interfering and afffecting the ability to contract and have performed other important medical procedures?

KSM AND THE DECONSTRUCTION OF THE AMERICAN JUDICIAL SYSTEM

Tim Gungoll

By executive decision KSM will be turned over to the American judicial system and given the full panoply of rights afforded the American citizen. This decision has the likely potential to either undermine the American judicial system or set a heinous murderer free. KSM confessed to masterminding the 9/11 attacks and numerous other terrorist attacks and plots after being water-boarded 183 times. This confession certainly was given under duress. If an American citizen confessed under these circumstances, the confession would be suppressed. The circumstances of his arrest by Pakistani’s could lead to further grounds for suppression.

The Fourth, Fifth, and Sixth Amendments to the United States Constitution offer many protections to American citizens that are not authorized for war criminals and terrorists. A military tribunal would not have to honor all of the protections that are afforded to American citizens. President George W. Bush recognized this and began the processes of a military trial for KSM because he did not believe he deserved the same rights as an American citizen. President Obama and his Attorney General, Eric Holder, intervened in the process that had begun at Gitmo and ordered that KSM be given the rights that every American citizen enjoys by having a civilian trial in New York City. After numerous protests, the White House has just ordered that the trial be moved from New York City.

Why is the President directing the trial from the White House if KSM is to be treated the same as an American citizen? The proper process would be to charge him in District Court in New York and file a motion for a change of venue. This decision should be in a Judge’s hands, not the White House’s if the trial is to be legitimate; this brings me to my point. The Judge assigned to this case is being put in a horrible position that will likely ruin his career. If he follows the law and suppresses most of the evidence, the public outrage would destroy him. On the other hand, if he ignores our laws and allows evidence to be presented that should be suppressed, he or she undermines the American judicial system. Why put the American judicial system on trial in this way? The only reasons I can think of are that either the White House wants to weaken the judicial branch of government by holding a kangaroo court where constitutional protections are ignored, or the White House wants the Court to follow the law and suppress the evidence against KSM so that it has one more opportunity to blame George W. Bush for the failings of social justice in America when KSM is freed for lack of admissible evidence.

From Burning Effigies of Bush to the Clarity of “the” Burning Bush
by Tim Gungoll

For over a year now President Obama and his Democratic super-majorities in Congress have possessed the freedom and the power to pass any law and exercise unrestrained authority over the American people.  They promised “change you can believe in” and the most open and transparent government that ever existed.  They promised to seat everyone at the negotiation table in the debate on health care and to televise the process on C-Span.  However, in possessing this great power, they forgot about their promises of openness, transparency, and bi-partisanship and became drunk with power; in doing so they overplayed their mandate.  They burned effigies of Bush and engaged in a partisan, closed, and corrupt process that rewarded those who got them elected and punished everyone else.  They created a “golden calf” in the name of universal health care and demanded that everyone fall down and worship before it.

Meanwhile, the American people lost faith in their vision.  The American people realized that the “golden calf” that is the health care bill is nothing but payoffs to those who gave them power. Instead of recognizing this, the Obamacrats hardened their hearts against the people and pressed forward without popular support.  The consequences are the great awakening that occurred today in the votes of the great people of Massachusetts.  Scott Brown climbed upon the forbidden mountain and brought his electorate with him.  With the clarity and force of the real burning bush they told him:  1)  Thou shall not place special interests before the American people 2)  Thou shall not place universal health care before economic recovery 3)  Thou shall not make back room deals to buy votes  4)  Thou shall not treat the people of one state differently than another state 5)  Thou shall not make membership in a union a prerequisite for preferential tax treatment 6)  Thou shall not focus on health care before the creation of more jobs 7)  Thou shall not raise taxes Thou shall not increase the deficit and the debt 9)  Thou shall not increase energy costs by passing cap and trade and further slowing the economy; and 10)  Thou shall not fail to recognize that Islamic terrorists are bent on destroying us and that maintaining our national security is essential for the preservation of our freedom.

Yes, today Scott Brown and the People of Massachusetts came down from the forbidden mountain with a new mandate and a new set of commandments.  When they came down they discovered President Obama, Harry Reid, Nancy Pelosi, Ben Nelson, and Martha Chokely dancing around the “wanton image” that has become Obamacare.  They were drunk with power and engaging in every sort of sin and corruption.  Scott Brown and the People of Massachusetts threw their commandments down upon this wanton band of worshipers as they knelt before their false god and forbid any further action until their commandments were followed.  As the Democrats recover from the effects of the power orgy that has occurred in Washington since Obama took power, it remains to be seen whether their false images will be torn apart like the “golden calf” of old or they will attempt to again remake it in their own image regardless of the law.  Only two things are certain after this election:  first, if the Democrats do continue to press for bad laws against the will of the American people, their majorities will be lost.  And second, like Moses before him, Scott Brown and leaders like him will crush the Pharaohs of Washington who are attempting to enslave another one-sixth of our economy to government control and will eventually restore the temple treasuries to the American people.