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In Blow To Religious Conservatives, SCOTUS Refuses To Hear Obamacare Lawsuit

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The U.S. Supreme Court just announced it will not hear a challenge to the Affordable Care Act filed by Jerry Falwell’s Liberty University. In a shocking act of hubris, Liberty University actually challenged the Supreme Court’s 2012 ruling that found Obamacare is constitutional, and directly questioned the Court’s ruling that called the individual mandate a tax. In Liberty vs. Lew, the University also challenged the employer mandate, including the Affordable Care Act’s contraception mandate.

When the Supreme Court struck down as unconstitutional a portion of DOMA this year, Liberty University had some strong word for the Court, claiming it “has lost its legitimacy as an arbiter of the Constitution and the rule of law, and adding, “Today is the death of the Court’s legacy, because the decision in the Federal Defense of Marriage Act case defies logic and is a pure invention of a handful of Justices.”

SCOTUS Blog reports on today’s decision to ignore Liberty University’s case.

The Liberty University case that the Court chose to bypass (Liberty v. Lew, 13-306) involved several challenges to the ACA that the Supreme Court either had refused to review, or had not been appealed to the Court, when the Justices two years ago ruled on the first constitutional challenges to the law.

While agreeing then to review the individual mandate, it refused to review the employer mandate.

The Court in the end upheld the individual mandate under the government’s taxing power, after ruling that the provision was beyond Congress’s power under the Commerce Clause.  Liberty University, besides seeking to contest the employer mandate under the Commerce Clause, also sought review of its constitutionality under the taxing clause.   The University’s petition also contended that the individual mandate violated the religious freedom of the school and of its employees, under the Constitution’s First Amendment and the Religious Freedom Restoration Act.

In a belated move in its case, Liberty also attempted to challenge the ACA’s contraception mandate on employers, but the Fourth Circuit Court had found that issue was raised too late and it did not decide it.   Last week, the Court agreed to rule on the constitutionality of the contraceptive mandate in two new cases.

Liberty University, and its close affiliate, Liberty Counsel, are, of course, two of the most anti-gay activist organizations in the country. Both are home to the infamous Matt Barber, who says Christians love gay people — who are going to hell, and whose Twitter account is often filled with attacks on the LGBT community.

 

In February, Barber penned an open letter to LGBT teens: “you are not gay.”

Last year, Barber called President Barack Obama “a white-hating, communist, Black Nationalist,” and said that “Obama’s fake ebonics accent is as creepy as any of his hateful race-baiting.” He also told “post-abortive” women they have “blood-covered hands” and the “stench of death.”

 

Image of the Supreme Court by Jan Seifert via Flickr

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‘I Don’t Want Reality’: Senate Republican Explodes Over Origin of Concept of Race – Calls to Teach ‘Jesus Loves Me’ Instead

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U.S. Senator Markwayne Mullin (R-OK) exploded in a committee hearing on child care on Wednesday after he introduced a book designed to help children understand race, and declared he opposes socialism and wants schools to teach about Jesus Christ instead.

Sen. Mullin, a former U.S. Congressman who once told a House Democrat to “shut up,” began by explaining how expensive it is for private companies to set up child care – the topic of the hearing – but quickly transformed the hearing into one on race, socialism, and religion.

He wove a web that started with his concerns over “federalizing” education, which he declared is socialism. He then attacked the committee chairman, Bernie Sanders (I-VT), who heads the Senate Committee on Health, Education, Labor and Pensions (HELP), for being a “self-declared democratic socialist.” That led to his claim that the book he opposes, “Our Skin: A First Conversation on Race,” would be taught nationwide.

Sen. Mullin said he opposes the book because it teaches young children that the concept of race, especially the white race, was created by white people to place themselves above other people with different skin – which has been documented in numerous studies, reports, articles, and books.

READ MORE: DeSantis Kicks Off Presidential Campaign Tour With Claim Teachers Are ‘Forcing’ Students to Pick Pronouns

Senator Mullin, who supports a federal vigilante “Don’t Say Gay” bill,  tried to get members of the panel to support his desire for schools to teach about Jesus instead.

“I have a book here in here in front of me called ‘Our Skin,'” Mullin told the committee, “and I’m going to read exactly what this book says. You guys might find it interesting. ‘A long time ago, way before you were born, a group of white people made up an idea called race. They sorted people by skin color and said that white people were better, smarter, prettier, and they deserved more than everybody else.’ This would be taught if we socialized our pre-K system, this would be taught.”

“How about we teach Jesus Loves Me?” Mullin demanded. “How about how about this? And teaching ‘Jesus Loves the Little Children.’ The lyrics go, ‘Red and yellow, black and white. They’re all precious in our sight.’ Now, which one would you think would be better? I’ll ask everybody on the panel, which is better to teach? This, that is a story that was made up to teach kids, three year olds who have no idea what race is.”

“Now all of a sudden being taught that white people said this as a truth, someone pointed me that this being a truth, that white people developed race, that white people develop that. That all of a sudden that was our word that we developed. By the way, I’m Cherokee, Native American. I think we have experienced a little bit of racism before in my life,” Mullen said.

READ MORE: ‘Will Make a Great Trial Witness’: Experts Thrilled Jack Smith Is Investigating Trump’s Firing of Election Security Expert

“So I ask everybody on the panel, which one is better to teach? This,” referring to the book he had brought, “or the ‘Jesus Loves Me’ lyrics? Ma’am. I’ll start on here.”

“I think it’s important to teach that all children are seen and valued for who they are,” one panelist told Sen. Mullin. He was not pleased.

Another panelist who appeared to agree with Sen. Mullin on teaching Jesus responded, “It is important that we teach Jesus. Jesus is what we teach. But the reality is –” she said before being interrupted by Mullin.

“I don’t want reality,” Mullin proclaimed, which evoked immediate laughter.

“Got it on tape,” one person announced.

“I misspoke,” Mullin claimed.

Watch portions of Mullin’s remarks below or at this link.

 

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DeSantis Kicks Off Presidential Campaign Tour With Claim Teachers Are ‘Forcing’ Students to Pick Pronouns

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Governor Ron DeSantis kicked off his official presidential campaign tour on Tuesday, traveling to Iowa after announcing last week he was launching a White House run. On Wednesday, the Republican bragged to GOP voters that in Florida he recently signed a bill into law banning teachers from forcing children to pick pronouns, insisting it is happening in other states.

“It is wrong for a teacher to tell a student that they may have been born in the wrong body, or that their gender is a choice,” DeSantis announced.

“We don’t allow this in the state of Florida, and we actually just signed legislation protecting students from having teachers force them to pick pronouns, which they are doing in some parts of this country, at [a] very, very young age. We’re not competing in the ‘pronoun sweepstakes.’ We’re going to have school just like school’s been, from time in memoriam [sic], we’re not going to do all this other stuff,” he declared.

READ MORE: ‘Will Make a Great Trial Witness’: Experts Thrilled Jack Smith Is Investigating Trump’s Firing of Election Security Expert

While DeSantis is insistent that teachers are forcing very young students to pick pronouns, NCRM found no news reports supporting that claim.

We did find several news reports of teachers suing for not wanting to use a child’s preferred pronoun, which are issues for the courts.

We did find one report of a teacher who allegedly insisted on calling a 9-year old girl who identifies as a girl a boy, and the parents are suing.

News12 on Long Island, New York in March reported, “the lawyer representing the girl’s family…says the student was bullied and had suicidal feelings.”

“She says the teacher told the student to ‘try being gay.’ The teacher is also accused of calling the girl a male name.
‘The teacher had some kind of agenda to have these students have alternate sexual preferences or gender identities they may or may not have had,'” the attorney said.

READ MORE: ‘It Has to Be Done’: These Are the House Republicans Open to Firing Kevin McCarthy as Speaker

In April, Colorado’s KRDO reported, “During the last Colorado Springs School District 11’s board meeting, officials tabled a controversial pronoun policy that would prevent educators from asking students their preferred pronouns. While the policy isn’t in effect, some teachers are concerned about how it would hinder them inside the classroom.”

Watch DeSantis below or at this link.

 

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‘Will Make a Great Trial Witness’: Experts Thrilled Jack Smith Is Investigating Trump’s Firing of Election Security Expert

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U.S. Dept. of Justice Special Counsel Jack Smith has subpoenaed former Trump administration staffers possibly involved in the firing of Chris Krebs, a top cybersecurity official who had published a report calling the 2020 presidential election “the most secure in American history,” just days after the election, infuriating then-President Donald Trump.

The New York Times reports the special counsel’s investigators have “been asking witnesses about the events surrounding the firing” of Krebs (photo), who was appointed by Trump to the newly-created position of Director of the Cybersecurity and Infrastructure Security Agency, part of the U.S. Dept. of Homeland Security.

Krebs was fired by Trump on November 17, 2020 after tweeting that election fraud claims were bogus: “59 election security experts all agree, ‘in every case of which we are aware, these claims either have been unsubstantiated or are technically incoherent,’” according to The Washington Post.

READ MORE: ‘Sure Wasn’t by Drag Queens’: DeSantis Slammed for Ignoring Florida Mass Shooting That Included Children

“Krebs’s statement amounted to a debunking of Trump’s central claim that the November election was stolen,” The Post reported at the time.

The New York Times on Wednesday reports the Special Counsel’s investigators “appear focused on Mr. Trump’s state of mind around the firing of Mr. Krebs, as well as on establishing a timeline of events leading up to the attack on the Capitol by a pro-Trump mob on Jan. 6, 2021. The latest subpoenas, issued roughly two weeks ago, went to officials in the personnel office, according to the two people familiar with the matter.”

But national security and civil liberties journalist Marcy Wheeler asserts the Special Counsel’s efforts go further.

“I think it likely erroneous to imagine that Jack Smith is getting into Chris Krebs’ firing JUST to get to Trump’s mindset,” Wheeler tweeted. “He fired Krebs for doing something his Admin had specifically bought off on. It was a necessary part of the plot.”

“So,” Wheeler adds, “1) Trump fires Krebs for saying the election was fair 2) Trump fires Esper for saying he couldn’t invoke the Insurrection Act,” referring to then-Trump Secretary of Defense Mark Esper.

“Then he sought about sowing an insurrection based on claims the election wasn’t fair,” she notes.

RELATED: ‘Fired for Telling the Truth to the American People’: Legal Experts Blast Trump for Firing Top Cybersecurity Chief

MSNBC’s Steve Benen agrees, writing: “Presumably, pulling on this thread would also offer investigators additional evidence that the then-president was presented with the truth by his own team, even as he pushed his anti-election lies.”

Andrew Weissmann, the former FBI General Counsel who spent 20 years at DOJ, heralded the Special Counsel’s investigation into the firing of Krebs.

“A very natural thing for Jack to examine as part of plot to overthrow the election. AND Krebs will make a great trial witness for govt.,” Weissmann tweeted.

 

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