A Spurious Accusation of Judicial Activism

Morning's Minion over at Vox Nova believes that a Virginia judge’s decision to strike down one provision, the primary provision which forces all consumers to buy a product is judicial activism. If the judge in the case had thrown out the entire health care law and not just one provision he would have been correct but Morning's Minion is wrong.  I will ask Morning's Minion one question: Where in the Constitution does it give the Federal government the authority or the right to force a citizen to buy a commodity?

  Morning's Minion claims that the Supreme Court case Bush v. Gore was judicial activism when the truth is to the contrary.  Gore and his political team participated in political chicanery when they tried to force the vote counters to participate in some form of mental telepathy to figure out the impossible - a voter’s intent on a hanging chad and insure his victory.  Gore kept on losing, coming in second in districts, and he is the one who was the obstructionist and avoiding the reality that he had lost the presidential election.  But, after Gore gave his concession speech, changed his mind, he was in fact the person who initiated the courts into the mix and advocated for judicial activism.  If it wasn’t for Gore avoiding reality the courts would have never been involved in the first place.  George Will points out that the “U.S. high court reminded Florida's court to respect the real "states' rights" at issue - the rights of state legislatures: The Constitution gives them plenary power to establish procedures for presidential elections. Florida's Supreme Court felt emancipated from law.”


In fact Gore requested that the number of days to recount ballots be extended and the Supreme Court ended up rewriting the law to extend the deadline for certification and the court stated: "The will of the people, not a hyper-technical reliance upon statutory provisions, should be our guiding principle." But under representative government, the will of the people is expressed in statutes. Adherence to statutes - even adherence stigmatized as "hyper-technical" - is known as the rule of law.


“In the end, seven of the nine U.S. Supreme Court justices (and three of the seven Florida justices) agreed on this: The standardless recount ordered by the Florida court - different rules in different counties regarding different kinds of chads and different ways of discerning voter intent - violated the U.S. Constitution's guarantee of equal protection of the laws.”

Circumventing the Constitution and rule of law in the United States -- as with the immigration debate the religious Left has proven that they disregard the rule of law.

Obamacare Effect: Three Catholic Hospitals Closing in Scranton & the Power of a Social Justice Nun

There has been much controversy surrounding the closing and sale of three Catholic hospitals in Scranton, Pa. The controversy includes: Kevin Cook - Mercy Health Partners CEO, three different statements, two Catholic Representatives, the Affordable Care Act - A.K.A. - Obamacare, and Obama’s nun.


- In Review

Sr. Carol Keehan, Obama’s nun, is the nun who dissented from Bishops and threw her weight to support Obamacare. She is the nun who used her clout as head of the CHA, falsely claimed that abortion wasn’t covered in Obamacare, and provided “legitimacy” for Bart Stupak and the rest of the so called pro-life Democrats to support and vote for Obamacare even though there were no safeguards protecting against abortion coverage and federal funding in Obamacare.  The Congressional Research Report Confirms this. She wanted us, as Catholics to trust our government over our Bishops’ prudential judgment on a matter related to morals. That sounds so nonsensical. Misplaced trust?

For anyone to think that our government is going to do the right thing in matters of faith and morals, look out for you and me, is complete and utter naivete when our government has sanctioned the murders of countless innocents since Roe v. Wade was enacted in 1973.

When Sr. Carol Keehan became a religious sister she took a vow of obedience and in fact has more of an obligation than ordinary laity to heed the Bishops’ prudential judgment with relation to abortion and Obamacare. Since the Church Teaching is that abortion is an intrinsic evil is Catholic Dogma has Sr. Keehan broken her vow of obedience by dissenting from the Bishops in order to support Obamacare?

The common good must not be pursued at the expense of the morally reprehensible murders of innocent human lives.


In his first statement Kevin Cook stated, "Health care reform is absolutely playing a role. Was it the precipitating factor in this decision? No, but was it a factor in our planning over the next five years? Absolutely."

Notice that Cook stated “absolutely” twice.

48 hours later Cook said, sale discussion were being discussed "long before the passage of the Affordable Care Act. The decision was due to many factors."

Perhaps, there was something occurring behind the scenes?

That same day Sr. Carol Keehan made this statement, "Reports that health reform is the primary motive behind the sale are completely false, misleading and politically motivated. Deliberations to sell the facilities began well before the Affordable Care Act became law and did not hinge on enactment of the legislation." Okay… Like she isn’t politically

Motivated to ensure her support for Obamacare isn’t for naught.

Then about a couple days later Cook announced: “Mercy Health Partners recently announced our intention to explore the sale of our facilities in Northeastern Pennsylvania. The rationale for our initiative has been mischaracterized by certain politicized media outlets and severely distorted by some special interest groups.”

Coincidental? Or Coordinated?

Perhaps, there was something occurring behind the scenes?

Would a social justice political activist nun misuse her power as CEO of the CHA to silence the truth in both instances with Obamacare and the main factor for this three Catholic hospitals closing? Did this Left wing activist nun “lower the boom” on Kevin Cook and force him to change his tune in those last two statements? Well, it kinda looks that way.

Oh - how could one forget? Since she bucked both the Bishops and the Catholic faith and instead staunchly supported Obama and his health care bill she was rewarded with one of the 21 pens that Obama used to signed the health care law. What a trade -- fidelity to Church teaching and to her vows sacrificed for fame, power, recognition, and on top of all that, a pen.

From The American Spectator - “One doctor in Scranton -- who was deeply disturbed by the announcement -- is certain he knows the answer. That answer? Mr. Cook was absolutely right the very first time he spoke to WNEP on camera. Hospitals, said this doctor -- frequently run a debt. "What's different? Why now?" he said in terms of the rationale for selling the Mercy hospitals. The reason is exactly as CEO Cook originally said it was. ObamaCare cuts in Medicare reimbursement have changed the rules so drastically for hospitals "you [Mercy Health Partners] are in an untenable situation," said this physician. Most hospitals have accumulating debt because of capital investments, says the doctor. But they can't deal with that debt if in fact their ability to earn money is cut off or drastically reduced over time.


Alarmingly, the doctor, with a lifetime of practice in hand, says that "hospitals close in clusters where there is decreased income in terms of relatively low Medicare reimbursement…because they are the most vulnerable." He adds that what is happening in Scranton, Nanticoke, and Tunkhannock with the Mercy hospitals "is just the beginning. It will happen everywhere because reimbursements will be reduced" under ObamaCare. Particularly, he adds, in areas where you have a high elderly population.”


‘The explosion, all recent with its implications of White House pressure and lost Catholic hospitals, is about to bring in media ads from CatholicVote.org. Says Communications Director Joshua Mercer: "Paul Kanjorski and Chris Carney are Catholic and they both voted for ObamaCare." Citing the sale of the three Mercy hospitals, Mercer says that the pro-ObamaCare votes of the two "has had a real impact on the community." Mercer added a sentiment voiced as well by the Scranton doctor: "There are a lot of Kevin Cooks across the country…the CEO's of small Catholic hospitals are all facing the same realities of more [ObamaCare] mandates and regulations.”’

Seems like there is something fishy going on. I live in Pennsylvania, but unfortunately I don’t live in either of their districts, otherwise I would vote for the opposition.

Here is the political ad that CatholicVote.org has put out.



Cross posted at Teresamerica