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Catholic Church Says Federal Court Has No Jurisdiction Over It, Because Religious Freedom

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It is a case that has never been seen in this country before – and a harbinger of the religious right’s attacks on America yet to come. If you thought Hobby Lobby was extreme, you haven’t seen anything yet.

The St. Vincent de Paul School in Fort Wayne, Indiana is a small Catholic school of about 800 students. In 2012, Emily Herx was an English teacher there, and had been trying for a year to conceive. Like many women, she decided to try in-vitro fertilization, which required her to request some time off. At first, as Mother Jones reports, she was met with what she thought was support from her supervisor. “You are in my prayers.” Not even two weeks later, she was met with a pink slip.

Herx was labeled by one monsignor a “grave, immoral sinner,” merely for trying to have a family.

And so she’s suing the St. Vincent de Paul School and the Fort Wayne-South Bend Diocese for firing her.

Of course, the school and diocese are arguing “freedom of religion” allows them to hire and fire at will.

But they are also using an argument that has never been tried before, at least in America: Freedom of religion and the First Amendment mean they don’t even have to show up in court. In short, they are arguing the State has no jurisdiction over them, because of the First Amendment.

“[If] the diocese is required to go through a trial,” attorneys for the diocese and school argued, it would “irrevocably” deny Fort Wayne-South Bend the benefits of religious protection. Herx’s attorneys are fighting the appeal.

If they are successful – and yes, this could conceivably go to the Supreme Court – it would mean an entirely separate State exists, in essence, for religious institutions in America. Not only would they be tax-exempt, they would be law-exempt.

“I’ve never seen this before, and I couldn’t find any other cases like it,” Brian Hauss, a staff attorney with the American Civil Liberties Union Center for Liberty told Mother Jones.

“What the diocese is saying is, ‘We can fire anybody, and we have absolute immunity from even going to trial, as long as we think they’re violating our religion. And to have civil authorities even look into what we’re doing is a violation.’…It’s astonishing,” Hauss adds.

Louise Melling, a deputy legal director at the ACLU, was more critical: “It’s an unusual and extreme argument, to be saying the court doesn’t even have the legal authority to ask whether this was, in fact, sex discrimination. I can’t imagine they would prevail on that. It’s too extreme.”

Than again, Melling says she never would have predicted the recent wave of cases in which religious institutions asserted that they have an expansive right to discriminate. One of those cases was Burwell v. Hobby Lobby—the Supreme Court case that struck down the contraception mandate in the Affordable Care Act. The ACLU has also seen a climb in the number of Christian schools arguing that Title VII allows them to fire women who undergo IVF or become pregnant outside of marriage, or to fire employees who engage in same-sex relationships. “Hobby Lobby was just one case in this wave,” Melling says.

Conservatives, however, don’t see it as “extreme” at all.

Douglas Laycock, a professor at the University of Virginia Law School, says the diocese’s assertion is a “perfectly sensible argument.” Laycock, who has successfully argued numerous religious liberty cases before the Supreme Court, notes there is precedent for immunizing certain organizations from trial, although not necessarily under Title VII’s religious protections. “I think it’s going to be a hard sell,” he says. “But I don’t know that it’s ‘extreme.'”

Many Americans believe the Hobby Lobby case was extreme as well. 

But as it turns out, Hobby Lobby was just the beginning.

 

Image via Flickr

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OPINION

‘Hunger Games at NBC News’: New McDaniel Revelations Have ‘Enraged’ Staffers, Report Says

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The backlash from NBC News’ hiring of Ronna McDaniel is not over. New reporting from Puck, CNN, and The Washington Post reveals the considerable efforts from top NBC and MSNBC brass to recruit, hire, and support the former RNC chair who promoted false election claims, was allegedly involved in helping Donald Trump’s efforts to overturn the 2020 election results, and refused to say Joe Biden had been elected fairly.

Staffers at NBC News and MSNBC were outraged at McDaniel’s hiring, but new details about behind-the-scenes efforts reportedly have increased that outrage.

Some critics are either calling for resignations of NBC News and MSNBC  leadership, or questioning how long they can ride out the mess.

“What is Brian Roberts going to do?” CNN‘s Oliver Darcy asks. “The Comcast boss is watching an unceasing five-alarm fire rage at 30 Rock, scarring the reputation of NBC News and threatening to consume multiple parts of the Cesar Conde-run NBC Universal News Group.”

“Conde has lost control of his organization, prompting industry insiders to wonder how he continues to remain in his role as chairman of the NBC News Group. In the words of one veteran media executive I spoke to Wednesday, ‘It’s inconceivable that he should,'” Darcy writes, saying Conde’s actions and those of his top executives have “hosed gasoline” on the scandal.

READ MORE: Lawmaker Slammed for Claiming College Basketball Players Were Actually ‘Illegal Invaders’

That scandal involves these revelations from Puck’s Dylan Byers, who reports, “bringing McDaniel to 30 Rock had been part of a nearly two-month-long effort that was spearheaded by Budoff Brown and her boss, NBC News President Rebecca Blumenstein, with buy-in from Conde and his deputies at both NBC News and MSNBC.”

“Rashida Jones,” he adds, “the president of MSNBC, was very interested in having McDaniel appear as a contributor on her network, as well.”

But this bombshell has drawn a good deal of attention. Noting how Chuck Todd led off the very public pushback against the hiring of McDaniel, Byers reports, “On Sunday, Budoff Brown reached out to McDaniel’s aide and former chief of staff at the R.N.C., Richard Walters, to see if there were any friends or colleagues who could speak up on her behalf.”

“The two sides also discussed having these folks call attention to what they saw as a double standard—after all, this was the same network that was turning Psaki, a former Biden White House Press Secretary, into a Maddow-adjacent prime time star. Walters later assured Budoff Brown that they’d been able to advance conservative pushback on social media against Todd, specifically, and that this might give NBC News some cover, for which Budoff Brown thanked him.”

CNN, pointing to those details, adds, “staffers inside NBC News are enraged at the fact an executive would have engaged in such behavior.”

Former Chicago Tribune editor Mark Jacobs, who now writes about politics and the media, called for the firing of Jones, Blumenstein, and Budoff Brown.

Other critics are expressing concerns on multiple fronts.

READ MORE: Ronna McDaniel Is Just a ‘Normal’ Person Who ‘Never Denied the Election’ Says Hugh Hewitt

“It’s like the hunger games at @NBCNews. Every day new, horrible stories of journalism & corporate malpractice. Every single one of these managers must go,” observed Jennifer Schulze, a media critic who was a Chicago Sun-Times executive producer, WGN news director, and adjunct college professor of journalism.

She also highlights a Washington Post report that ropes NBC Nightly News anchor Lester Holt into the mess.

“Every @NBCNews exec who thought hiring a reputed liar & phony elector co-[conspirator] needs to resign or be fired,” Schulze says.

“The @NBCNews managers who recruited & signed an election denier should be out the door, too,” she adds. “Not only was it downright offensive to hire Ronna, it was journalism AND corporate malpractice.”

Pointing to his newsletter, former Obama senior advisor Dan Pfeiffer writes, “NBC’s ill-fated decision to hire Ronna McDaniel is a story of a media outlet unwilling to accept the ways Trump changed politics, but it’s also one of the best arguments for Dems need to build our media ecosystem ASAP.”

READ MORE: Comer Refuses to Investigate Trump Family Member Over ‘Influence Peddling’ Allegation

He calls McDaniel’s hiring “evidence” the media has “yet to accept the reality that this is not a normal election between a Republican and a Democrat.” And adds, “An [industry] that prizes objectivity above all else, is incapable of accurately covering an election where one candidate is a normal politician and the other is an insurrectionist. Many in the media would rather stumble into autocracy than take a side.”

Veteran journalist and Sirius XM host Michelangelo Signorile observes, “We couldn’t have asked for a better situation to shine a bright light on the corruption of the corporate media—and its impulse to legitimize MAGA extremism and lawbreakers for profit—than NBC’s hiring former RNC chair, election denier, and Trump enabler Ronna McDaniel.”

And he warns, “The forces that made the coup-plotting former RNC chair a paid contributor are still shaping news and information about this pivotal election.”

 

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Lawmaker Slammed for Claiming College Basketball Players Were Actually ‘Illegal Invaders’

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Michigan MAGA Republican state Rep. Matt Maddock is under fire after claiming three buses were “loaded up with illegal invaders.” The buses, according to multiple reports, were actually loaded with the Gonzaga University basketball team arriving for March Madness.

“Happening right now. Three busses just loaded up with illegal invaders at Detroit Metro. Anyone have any idea where they’re headed with their police escort?” Rep. Maddock wrote on social media Wednesday evening, tagging far-right former U.S. Congressman Pete Hoekstra, who served as U.S. Ambassador to the Netherlands under Donald Trump and is now the state’s Republican Party chair.

Informed of his error on social media, Rep. Maddock doubled down, and attacked.

READ MORE: Ronna McDaniel Is Just a ‘Normal’ Person Who ‘Never Denied the Election’ Says Hugh Hewitt

“Probably teams for the NCAA Mens Sweet 16 playing at LCA on Friday and Sunday,” a user on X wrote.

“Sure kommie. Good talking point,” Maddock quickly shot back.

ABC affiliate WXYZ executive producer Maxwell White, responding to the Maddock’s original post wrote: “Just to be clear, this was the Gonzaga basketball team. Photos show Gonzaga getting on an Allegiant plane to Detroit for the Sweet 16, and Flight Radar shows a plane from GEG to DTW landed at 7:25 p.m., around the time this photo was posted.”

“This is a wild tweet,” White added, before adding more evidence.

Hoekstra, who was accused of using racism and xenophobia to win his campaign for a U.S. Senate seat (he lost), did not respond directly to Maddock but did repost the apparently false claim.

Michigan State Senate Democratic Majority Whip Mallory McMorrow denounced Maddock’s claim as “dangerous.”

Maddock’s remark also made the national stage when U.S. Rep. Eric Swalwell responded.

READ MORE: Trump Campaign Says It Will Deploy ‘Soldiers’ to Polling Places

“Hey Einstein,” the California Democrat wrote, “your state is hosting the Sweet 16. Could it be a team bus? If it is, will you resign for your spectacular stupidity?”

In 2021 The Washington Post reported, “Michigan state Rep. Matt Maddock and his wife, Michigan Republican Party co-chair Meshawn Maddock, have repeatedly been called out by fact-checking journalists for promoting baseless claims of widespread voter fraud and falsely suggesting that covid-19 is comparable to the flu.”

See the social media posts above 0r at this link.

 

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OPINION

Ronna McDaniel Is Just a ‘Normal’ Person Who ‘Never Denied the Election’ Says Hugh Hewitt

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Right-wing talk radio show host Hugh Hewitt is facing backlash after declaring former RNC chair Ronna McDaniel, who was ousted after her hiring cost NBC News a tumultuous five days, a “normal” person who has “never denied the election.”

Last summer, The Washington Post‘s Philip Bump reported McDaniel “is still elevating 2020 election skepticism,” and “won’t say the election was fair.”

“I don’t think he won it fair. I don’t. I’m not going to say that,” McDaniel had said to CNN.

“CNN teased an upcoming interview between host Chris Wallace and Ronna McDaniel,” Bump wrote. “In the clip, Wallace asks McDaniel when she stopped being an ‘election denier’ — that is, someone who espouses skepticism about the validity of the election results. And, surprise! McDaniel never stopped.”

Bump also explained the danger in election denialism: “McDaniel won’t say Biden was legitimately elected because the base doesn’t want to hear it — but the base doesn’t want to hear it in part because leaders such as McDaniel won’t simply admit without qualifications that Biden won.”

READ MORE: Comer Refuses to Investigate Trump Family Member Over ‘Influence Peddling’ Allegation

“Establishing a system in which any loss can easily be framed as illegitimate means establishing a system in which no loss is accepted as valid,” Bump continued. “It means institutionalizing the idea that elections are inaccurate gauges of public opinion and, therefore, that the winners of those elections have no mandate to serve.”

On Wednesday Hewitt, a Washington Post columnist and former Reagan White House aide, said on Fox News that McDaniel “is a fine Republican. She is not an election denier. She has never denied the election.”

Former Republican Congressman Joe Walsh responded to that clip.

Bullshit Hugh. With Trump, she pressured MI canvassers to not certify the results; with Trump, she pressured other state attorney’s to sue & invalidate results in MI, PA, & WI; she worked with Trump on the fake electors scheme; she lied about charges of voter fraud well after those charges had been debunked. No major party chair in American history has done more to dispute a legit election. Shame on you,” Walsh wrote.

Media Matters’ Eric Kleefeld, also responding to that clip: “Somebody who helped coordinate fake electors and passed a resolution calling Jan. 6 ‘legitimate political discourse’ is not normal, and we must at all steps refuse to treat them as such.”

READ MORE: Greene Says She Won’t Take Responsibility if Johnson Loses Speaker’s Gavel Before Election

Hewitt had also told Fox News, “I don’t know who is going to keep MSNBC informed of what normal people think, because Ronna McDaniel is about as normal as they come. She’s a Michigan mom, she’s been in the job seven years. She represents the Republican Party.”

McDaniel, it could be said, does not represent the Republican Party, not the MAGA America First Republican Party of today, neither literally nor figuratively. Donald Trump engineered her ouster and installed his handpicked replacements, including his daughter-in-law and Michael Whatley, a right-wing attorney who was part of the Bush recount team during the contested 2000 presidential election.

The Atlantic’s Norman Ornstein, an emeritus scholar at the American Enterprise Institute (AEI), blasted Hewitt, calling him “an utter disgrace,” while adding, “shame on those like the Washington Post who showcase him.”

Adam Cohen, vice chair of Lawyers for Good Government, pointedly responded to Hewitt: “Hate to tell you this, but normal people don’t try to foment a coup, or deny the truth about election results Like Ronna McDaniel did.”

Watch the videos above or at this link.

READ MORE: Trump Campaign Says It Will Deploy ‘Soldiers’ to Polling Places

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