Showing posts with label Justice Department. Show all posts
Showing posts with label Justice Department. Show all posts

Thursday, July 26, 2012

Justice Dept: to Colorado Family: Give Up Your Religion or Your Business

From: CNSNews.com

The Justice Department last week presented the Newland family of Colorado--who own Hercules Industries, a heating, ventilation and air-conditioning business--with what amounted to an ultimatum: Give up your religion or your business.

“Hercules Industries has ‘made no showing of a religious belief which requires that [it] engage in the [HVAC] business,” the Justice Department said in a formal filing in the U.S. District Court for the District of Colorado.

In response to the Justice Department’s argument that the Newlands can either give up practicing their religion or give up owning their business, the Alliance Defending Freedom, which is representing the family, said in a reply brief: "[T]o the extent the government is arguing that its Mandate does not really burden the Newlands because they are free to abandon their jobs, their livelihoods, and their property so that others can take over Hercules and comply, this expulsion from business would be an extreme form of government burden.”

Now that the Supreme Court has upheld the Patient Protection and Affordable Care Act and its mandate that individuals must buy health insurance, this suit which seeks to protect a small business from being forced to take actions that violate the moral and religious beliefs of the family that owns it is likely to be the next major court battle over Obamacare.

At stake is whether businesses are protected by the First Amendment—the part of the Bill of Rights that guarantees not only the free exercise of religion but also freedom of speech and of the press.

The Justice Department’s filing was made in Newland v. Sebelius--a suit brought by William, Paul and James Newland, and their sister, Christine Ketterhagen, who are Roman Catholics, and who together own Colorado-based Hercules Industries.

The Newland family founded Hercules in 1962 and have maintained it as a family-owned business ever since—growing it to the point where they now employ 265 people.

The Newlands’ lawsuit challenges a regulation that Health and Human Services Secretary Kathleen Sebelius finalized earlier this year that requires virtually all health plans to cover--without cost-sharing--sterilizations and all Food-and-Drug Administration approved contraceptives, including those that induce abortions.

Under the Obamacare law, businesses that have more than 50 employees must provide health insurance to their employees or face a penalty. To satisfy the mandate, the insurance must include the cost-sharing-free sterilization-contraception-abortifacient benefit. The regulation takes effect on Aug. 1, which means that as soon as any business starts a new plan-year for its health-insurance program after that date it will need to comply with Sebelius's rule.

The Catholic Church, to which the Newlands belong, teaches that sterilization, contraception and abortion are intrinsically immoral. Last month, the Catholic bishops of the United States unanimously adopted a statement declaring Sebelius’s regulation an “unjust and illegal mandate” and a “violation of personal civil rights.”

While much of the media attention on Sebelius’ regulation has focused on the fact that it will apply to famous Catholic religious institutions such as Catholic University and the University of Notre Dame, the Catholic bishops have repeatedly pointed out that the regulation also violates the First Amendment-protected religious liberty of lay Catholic individuals. That includes employees who will be forced to pay insurance premiums on insurance plans that violate the teachings of their faith and business owners who will be forced to provide such plans.

In their unanimous statement, the Catholic bishops declared that Sebelius’s regulation created a class of Americans “with no conscience protection at all: individuals who, in their daily lives, strive constantly to act in accordance with their faith and moral values. They, too, face a government mandate to aid in providing ‘services’ contrary to those values—whether in their sponsoring of, and payment for, insurance as employers; their payment of insurance premiums as employees; or as insurers themselves—without even the semblance of an exemption.”

The Newlands currently run a self-insurance plan, providing their employees with generous health-care coverage that is consistent with the teachings of the Newlands' church in that it does not cover sterilizations, contraception and abortifacients. They are precisely among the class of people that the unanimous Catholic bishops said have “no conscience protection at all” under Sebelius's regulation.

In their complaint against the Obama administration, which was prepared by the Alliance Defending Freedom, the Newlands clearly explained why they could not comply with Sebelius’s regulation without violating their religious faith.

Monday, July 02, 2012

Obama Contributor, Who Helped Enact Assault-Weapons Ban, Ran ‘Fast and Furious

From: CNSNews.com

Dennis K. Burke, who as a lawyer for the Democrats on the Senate Judiciary Committee in the 1990s was a key player behind the enactment of the 1994 assault-weapons ban, and who then went on to become Arizona Gov. Janet Napolitano’s chief of staff, and a contributor to Barack Obama’s 2008 presidential primary campaign, and then a member of Obama's transition team focusing on border-enforcement issues, ended up in the Obama administration as the U.S. attorney in Arizona responsible for overseeing Operation Fast and Furious.

When Obama nominated Burke to be U.S. Attorney for the District of Arizona, Burke told the Arizona Capitol Times he believed he understood what the president and his attorney general wanted him to do.

“There’s clearly been direction provided already by President Obama and Attorney General Holder as to what they want to be doing, and this is an office that is at the center of the issues of border enforcement,” said Burke.

Over the course of several days, CNSNews.com left multiple telephone messages with Burke for comment on this story. He did not respond.

Dennis K. Burke has had a long career working as an aide and political appointee to Democratic elected officials. From 1989 to 1994, he was a counsel for the Democrats on the Senate Judiciary Committee, working in that capacity for several years on an assault-weapons ban, which was finally enacted on Sept. 13, 1994 as the Violent Crime Control and Law Enforcement Act. That act expired on Sept. 13, 2004. (See NYT: Dennis Burke, Sen. DeConcini, Weapons Ban.pdf)

From 1994-95, Burke served in the Clinton Justice Department in the Office of Legislative Affairs, and in 1997-99, he was an assistant U.S. attorney in Arizona.

From 1999 to 2003, Burke was chief deputy and special assistant to Arizona Attorney General Janet Napolitano.

In 2003, when Napolitano became governor, Burke became her chief of staff. He stayed in that job until the fall of 2008, when he left to help Democratic political campaigns, including then-Sen. Obama’s presidential campaign.

Federal Election Commission (FEC) records show that on Jan. 9, 2008, while working as Gov. Napolitano’s chief of staff, Burke contributed $2,000 to then-Sen Obama’s presidential primary campaign. Since 1997, according to FEC records, Burke has contributed a total of $16,350 to various Democratic candidates.
After Obama was elected in November 2008, Burke joined his presidential transition team, serving on the Immigration Policy Working Group.

Eight days before Obama’s inauguration, on Jan. 12, 2009--while Burke was working on the transition team--Obama met with Mexican President Felipe Calderon at the Mexican Cultural Institute in Washington, D.C. At that meeting, Obama “pledged” to take action to stop the flow of guns from the United States to Mexico.

Obama also decided to put Burke’s old boss, incoming Homeland Security Secretary Janet Napolitano, in a leadership role in making the gun-trafficking problem a top priority.

“President-elect Obama expressed support for efforts in the border states in both the United States and Mexico to eradicate drug-related violence and stop the flow of guns and cash,” incoming White House Press Secretary Robert Gibbs said in a statement at the time. “He told President Calderón that he intends to ask the Secretary of Homeland Security to lead an effort to increase information sharing to strengthen those efforts. He pledged to take more effective action from the United States to stem the flow of arms from the United States to Mexico.”

When Napolitano became Homeland Security secretary, Burke moved from the Obama transition team to become her senior adviser. On Feb. 25, 2009, a little more than a month after Obama had made his “pledge” to Calderon, Napolitano testified in the House Homeland Security Committee. She stressed that stopping the flow of guns to Mexico was a top priority of the Obama administration and key focus of her work.

Responding to a question about violence on the border, Napolitano said the administration was going to work with the Mexican government on the issue. Then she said: “Secondly, it is looking at, government-wide, at what we can do to stop the southbound export of weaponry, particularly assault-type weapons and grenades that are being used in that drug war.”

Napolitano further noted that drug cartels were targeting Mexican government officials and law enforcement officers, and that, given the seriousness of the threat, Obama’s national security adviser, the attorney general, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Customs (of which the Border Patrol is part) would all be working on the issue.

Thursday, June 28, 2012

Eating Out? Feed Your Scraps To Mini Horses!

From: CNSNews.com

Although the Justice Department has extended the deadline for America’s hotels to comply with regulations regarding handicap access to swimming pools, new Americans with Disabilities Act (ADA) guidelines are already being applied at miniature golf courses, driving ranges, amusement parks, shooting ranges and saunas.
Among the provisions in the "Revised ADA Standards for Accessible Design," which went into effect on March 15, is one requiring businesses to allow miniature horses on their premises as guide animals for the disabled. Another limits the height of slopes on miniature golf holes.

“The new standards, for the first time, include requirements for judicial facilities, detention and correctional facilities, and recreational facilities,” Assistant Attorney General Thomas E. Perez said during a conference in Baltimore on June 7.

“We expect the implementation of these accessibility standards to open up doors for full participation in both the responsibilities, such as jury duty, and the benefits, such as playing at city parks, of civic life for people with disabilities,” he said.

The 2010 ADA standards for Accessible Design require that at least 50 percent of golf holes on miniature golf courses be “accessible” – with a ground space that is “48 inches minimum by 60 inches minimum with slopes not steeper than 1:48 at the start of play.”
ADA regulations
Click to enlarge
Other regulations include:

Friday, June 01, 2012

Feds to Florida: halt non-citizen voter purge

From: Miami Herald.com

The Justice Department ordered Florida’s elections division to halt a systematic effort to find and purge the state’s voter rolls of noncitizen voters.

Florida’s effort appears to violate both the 1965 Voting Rights Act, which protects minorities, and the 1993 National Voter Registration Act – which governs voter purges – T. Christian Herren Jr., the Justice Department’s lead civil rights lawyer, wrote in a detailed two-page letter sent late Thursday night.

State officials said they were reviewing the letter. But they indicated they might fight DOJ over its interpretation of federal law and expressed frustration that President Barack Obama’s administration has stonewalled the state’s noncitizen voter hunt for nine months.

“We are firmly committed to doing the right thing and preventing ineligible voters from being able to cast a ballot,” said Chris Cate, spokesman for Secretary of State Ken Detzner, who was ordered by Gov. Rick Scott to conduct the search for potentially ineligible voters.

DOJ’s written demand came hours after the agency refused to comment on the matter to The Miami Herald. It also followed a federal court ruling Thursday that struck down a Republican voter-registration law that a judge found too onerous.

So far, Florida has flagged 2,700 potential noncitizen voters and sent the list to county elections supervisors, who have found the data and methodology to be flawed and problematic. The list of potential noncitizen voters – many of whom have turned out to be lawful citizens and voters – disproportionately hits minorities, especially Hispanics.

About 58 percent of those flagged as potential noncitizens are Hispanics, Florida’s largest ethnic immigrant population, a Miami Herald analysis found. Hispanics make up 13 percent of the overall 11.3 million active registered voters.

Independent voters and Democrats are the most likely to face being purged from the rolls. Republicans and non-Hispanic whites are the least likely.

Under the Voting Rights Act, Florida needs federal approval before it makes changes to voting because five Florida counties – Monroe, Hillsborough, Collier, Hardee and Hendry – had minority-voting troubles decades ago

"Our records do not reflect that these changes affecting voting have been submitted to the United States District Court for the District of Columbia for judicial review or to the Attorney General for administrative review as required by Section 5 of the Voting Rights Act," Herren wrote.

"Accordingly, it is necessary that they either be brought before that court or submitted to the Attorney General for a determination that they neither have the purpose nor will have the effect of discriminating on account of race, color, or membership in a language minority group under Section 5."

He gave the state until next Wednesday to inform the Justice Department of its planned course of action.

“Specifically, please advise whether the State intends to cease the practice discussed above, so that the Department can determine what further action, if any, is necessary,” Herren wrote.

Herren also said that the National Voter Registration Act bans Florida’s effort because it says “a State shall complete, not later than 90 days prior to the date of a primary or general election for Federal office, any program the purpose of which is to systematically remove the names of ineligible voters from the official lists of eligible voters.”

Florida elections officials have repeatedly said that their efforts comply with all federal laws, which aren’t clearly written. The also say there’s nothing discriminatory or partisan about the effort. It’s simply trying to remove ineligible voters: felons, dead people and noncitizens.

To spot noncitizens, though, the state began comparing voter rolls with a Department of Highway Safety and Motor Vehicle database that contains some citizenship information that the agency collects when people get a state ID such as a driver’s license.

But the citizenship data in many cases is out of date. That is, many people become citizens after they get their ID and then register to vote. But the highway safety database isn’t updated.

As a result, the state has performed its own checking and double-checking and winnowed down a pool of 180,000 potential noncitizens to a list of about 2,700. It is asking the counties to contact the voters by mail. Those who don’t respond within about two months of being contacted could be stricken from the rolls.

A coalition of liberal-leaning civil rights groups complained to the Justice Department and the state about the process, pointing out that it burdens citizens instead of the government.

Cate, the state elections spokesman, said the state will have a full response soon. The agency also seemed to express frustration with the lack of help from the U.S. Department of Homeland Security, which maintains citizenship data but won’t share its database with Florida.

Detzner asked again for DHS help on Thursday.

“We provided information to the U.S. Department of Homeland Security today in hopes that the federal government would help us identify ineligible voters,” Cate said. “While this isn’t a response from DHS as to why they haven’t provided us access to their data, at least we know the federal government knows we take ineligible voters on the voter rolls seriously. We hope the federal government will recognize the importance of accurate voter rolls and support our efforts.”
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