You searched for hhs | Acton PowerBlog

Blog author: jcarter
posted by on Monday, August 25, 2014

New HHS Rules Still Problematic for Religious Liberty
Barrett Duke and Andrew T. Walker, ERLC

When a law is revised eight times, it’s worth asking whether or not it should ever have been enacted in the first place.

The Korean Martyrs and the Power of Lay Witness
Marge Fenelon, Aleteia

The throngs who greeted Pope Francis in Korea are testimony to the power of the laity to spread the Faith.

Study: A fourth of public school spending goes to salaries and benefits of nonteachers
James Pethokoukis, AEI Ideas

A new Thomas B. Fordham Institute study finds that the number of non-teaching staff in the United States has grown by 130% since 1970. These three millions employers now account for half of the public school workforce with their salaries and benefits absorbing one-quarter of current education spending.

Emotional Storms Are No Response for Disasters
Amity Shlaes, National Review

A new study shows that government aid and World Bank projects are not enough to spur lasting recovery.

contraceptive-mandateToday the Department of Health and Human Services issued yet another revision regarding its contraception mandate. Details on the new regulations should be announced within a month. According to the Wall Street Journal:

Justice Department lawyers said in a brief filed Tuesday with the U.S. Court of Appeals for the 10th Circuit that the federal government would issue new regulations in the next month that will apply to all nonprofit institutions that say the faith with which they are affiliated is opposed to the use of most forms of contraception.

“The Wheaton College injunction does not reflect a final Supreme Court determination,” the brief said. “Nevertheless, the Departments responsible for implementing the accommodations have informed us that they have determined to augment the regulatory accommodation process in light of the Wheaton College injunction and that they plan to issue interim final rules within a month. We will inform the Court when the rules are issued.”

A senior administration official said the details of the rules are still being worked out. But it is likely that the Supreme Court’s order will shape the new compromise arrangement, and that nonprofit institutions will be able to write a letter stating their objections, rather than filing a form. That would leave the federal government to work out how those employers get access to contraception coverage.

In reply to this news, Lori Windham, Senior Counsel for the Becket Fund for Religious Liberty, says:

(more…)

church and flagAt RealClearReligion, Rev. Robert Sirico remarks on concerns about liberty in the U.S., spurred on by the recent Supreme Court ruling regarding Hobby Lobby and the HHS mandate. Sirico wonders why we are spending so much time legally defending what has always been a “given” in American life: religion liberty. While the Hobby Lobby ruling is seen as a victory for religious liberty, Sirico is guarded about where we stand.

Many celebrated the Supreme Court’s June 30 ruling on Hobby Lobby. But let’s not get ahead of ourselves: Plenty of other challenges are coming for churches, synagogues, mosques and, yes, businesses.

On July 21, President Obama issued an executive order that prohibits federal government contractors from “sexual orientation” and “gender identity” discrimination and forbids “gender identity” discrimination in the employment of federal employees. In a scathing response, the U.S. Conference of Catholic Bishops decried the executive order as “unprecedented and extreme and should be opposed.” (more…)

Blog author: sstanley
posted by on Tuesday, August 5, 2014

autocamA few weeks ago, Hobby Lobby made waves when the U.S. Supreme Court ruled in favor of the arts and crafts chain in its lawsuit against the Health and Human Services Contraception Mandate. West Michigan manufacturer, Autocam, has been engaged in a similar legal fight. John Kennedy, owner of Autocam, stated that his and his family’s Roman Catholic faith “is integral to Autocam’s corporate culture” and the Affordable Care Act’s requirement to provide contraceptives and abortifacients was a violation of their beliefs.

Late last year, the Sixth Circuit U.S. Court of Appeals denied Autocam’s lawsuit against the HHS department. The company’s claim was denied on the grounds that, according to that court, engaging in for profit business is  separate from any religious beliefs of owners.

On Monday August 4, The Supreme Court officially reversed the decision from the Sixth Circuit. Tom Ciesielka from the Thomas More Society, who represents the company, gave a statement:

Today, the United States Supreme Court officially vacated the 6th Circuit’s decision that denied Autocam Corporation and its owners, protection against governmental violation of Constitutionally protected religious freedoms. The case has now been sent back to the lower court, following the decision in the Hobby Lobby case, argued on comparable merit. (more…)

Last week was a busy one, news-wise, and this may have slipped by you. Suddenly, 4.5 million people in the 5 U.S. territories (American Somoa, Guam, Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands) are now exempt from Obamacare. Just like that.

What’s the story? Obamacare costs too darn much, and insurance providers were fleeing the U.S. territories, leaving many without insurance or at least affordable insurance. These territories have spent the last two years begging to get out from under this law, only to be told the Department of Health and Human Services

has no legal authority to exclude the territories” from ObamaCare. HHS said the law adopted an explicit definition of “state” that includes the territories for the purpose of the mandates and the public-health programs, and another explicit definition that excludes the territories for the purpose of the subsidies. Thus there is “no statutory authority . . . to selectively exempt the territories from certain provisions, unless specified by law.”

Laws, let us remember, are made by Congress. Unless they’re not. For instance, last week, the Department of Health and Human Services said they’d reviewed the situation and

the territories will now be governed by the “state” definition that excludes the territories for both the subsidies and now the mandates too. But the old definition will still apply for the public-health spending, so the territories will get their selective exemption after all.

As the Wall Street Journal notes, there seems to be some elasticity in the White House’s definition of “state.” And, may I add, some elasticity in the democratic process, the Constitution and rule of law. Perhaps a review via Schoolhouse Rock will help.

children-600pxWhat is the “border crisis?”

The “border crisis” is the frequently used term for the spike in unaccompanied minors who were caught illegally crossing the border U.S. border over the past few months. According to the Congressional Research Service, the number of unaccompanied alien children (UAC) arriving in the United States has reached alarming numbers that has strained the system put in place over the past decade to handle such cases.

In 2013 the federal government housed about 25,000 minors who were going through deportation proceedings. This year, that number is expected to rise to over 60,000. There has also been an increase in the number of UAC who are girls and the number of UAC who are under the age of 13.

What countries are the minors coming from?

Four countries account for almost all of the UAC cases (El Salvador, Guatemala, Honduras, and Mexico) and much of the recent increase has come from El Salvador, Guatemala, and Honduras.

In fiscal year 2009, Mexican UAC accounted for 82 percent of the 19,668 UAC apprehensions, while the other three Central American countries accounted for 17 percent. By the first eight months of FY2014, the proportions had almost reversed, with Mexican UAC comprising only 25 percent of the 47,017 UAC apprehensions, and UAC from the three Central American countries comprising 73 percent.

Why aren’t UACs turned away at the border?
(more…)

Blog author: jcarter
posted by on Thursday, July 10, 2014

Justice Sotomayor Misses the Mark: Religious Non-Profits Should Prevail
Vincent Phillip Muñoz, Public Discourse

The contradictory reasoning of Justice Sotomayor’s Wheaton dissent exposes a glaring weakness in the legal argument requiring religious non-profits to comply with HHS’s regulatory scheme.

What is the Point of Business Ethics?
David Cowan, Center for Christian Business Ethics

What is most robust in business organizations is the legalism, the playing by the rules as much as one has to, but it does not translate into a behavioural pattern in organizations. It is much more of an intellectual assent or conformity to legalism. In other words, it is very Old Testament.

If Government Gives Contraception, Government Can Take It Away
Leslie Loftis, The Federalist

To rely on government to mandate contraceptive coverage is to give government the power to control contraception.

These Five Points Will Broaden Your Definition of “Faith and Work”
Art Lindsley, Institute for Faith, Work, and Economics

There is a significant need to recover a biblical theology of work in our time. In the past there has been a failure of the evangelical church to address a theology of work.

dirty100pic-300x300There is a company in the U.S. that those who want businesses to be more socially-conscious should love. The company starts employees out at $15/hour, far higher than the minimum wage. Raises have been given throughout even the harshest of economic downturn. Employees always get Sundays off.

There’s another group that could easily be called socially-conscious. These folks take care of the neediest elderly people, any race or religion, regardless of their insurance status or ability to pay.

Despite the business practices and mission of both these groups, they are on the list of the “Dirty 100” – a list created by the National Organization of Women (NOW) to delineate organizations suing the Obama administration regarding the HHS mandate. Hobby Lobby, the Little Sisters of the Poor and others on the list are considered “dirty” because they do not want their religious freedom impinged upon. Here’s how NOW sees it:

The two plaintiff corporations in Hobby Lobby [and Conestoga Woods] want the “freedom” to deny important health care services to thousands of women who work for them – whether or not they share their bosses’ religious faith or agree with their views on contraception. The plaintiffs, in other words, seek to extend their power as employers to include power over their employees’ medical decision- making. But the case also reflects a power struggle between government and corporate power, twisting the First Amendment’s religious freedom guarantee into a club that enables a private business to act in ways that elected governments cannot limit or deny.

(more…)

USA-Thomas_Jefferson_MemorialThomas Jefferson believed that the practice of one’s faith should not be impinged upon by one’s government. He wrote of this in a letter or address to the Danbury Baptist Association:

Believing with you that religion is a matter which lies solely between Man and his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, and not opinions,” he wrote, “I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should ‘make no law respecting an establishment of religion, or prohibiting the free exercise thereof,’ thus building a wall of separation between Church and State.”

(more…)

KuyperEtch (1)The Obama administration’s HHS mandate has led to significant backlash among religious groups, each claiming that certain provisions violate their religious beliefs and freedom of conscience.

Yesterday’s Supreme Court ruling was a victory for such groups, but other disputes are well underway, with many more to come. Even among many of our fellow Christians, we see a concerted effort to chase religious belief out of the public square, confining such matters to Sunday mornings, where they can be kept behind closed doors.

In navigating these tensions, Abraham Kuyper’s Our Program (Ons Program) offers a wealth of perspective, particularly when it comes to how Christians ought to think about their role in the broader society. Recently translated under the title Guidance for Christian Engagement in Government, the book contains an entire chapter in opposition to a “secular state,” including a marvelous bit on freedom of conscience that’s worth excerpting at length.

“There should be freedom of expression, freedom of belief, freedom of worship,” Kuyper writes, “but above all, the root of all these freedoms: freedom of conscience.”

The conscience marks a boundary that the state may never cross.

The limits to state power reside in the will of God. Government has as much power as God has assigned to it. No more; no less. It sins if it leaves unused a portion of the power assigned to it, but also if it arrogates to itself any power that is not assigned to it.

There is only one power without limits: the power of God, whence it is called almighty power. Anyone who accords the state the right to exercise power as if it had no limits is guilty of “deifying” the state and favoring “state omnipotence.” That is not indulging in “oratorical phraseology” but simply indicating a purely logical concept. [emphasis added, here and in any bolded text hereafter]

Kuyper certainly believes that government has a role to play, noting that “government alone has public power,” granted by God, “whereas all other organizations in and of themselves are of a private nature.” (more…)