Missouri Legislator & Wife Ask Court for Protection During Obamacare Lawsuit Appeal

Thomas More Society Seeks Preliminary Injunction for State Rep. Wieland and Family

ST. LOUIS, Nov. 25, 2013 /Christian Newswire/ — Today, Thomas More Society attorneys filed for preliminary injunctive relief on behalf of Missouri State Representative Paul Wieland and his wife Teresa in the couple’s lawsuit contesting Obamacare’s infringement on their First Amendment rights. The couple is asking the United States Court of Appeals for the Eighth Circuit to exempt their family from the Health and Human Services mandate that would require them to participate in group insurance coverage that includes abortion-inducing drugs, sterilization, and birth control for their teenage and adult daughters.

The Wielands are suing the federal government for violating their religious liberty, free speech, and parental rights by reason of Obamacare’s mandating a religiously objectionable health insurance plan provided by the State of Missouri. Beginning January 1, 2014, the Patient Protection and Affordable Care Act mandates that the Wielands obtain for themselves, and provide for their dependent daughters, health care coverage that includes coverage for “contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity.”

This coverage, which is abhorrent to the Wielands, given their Catholic faith, is mandated to continue until their dependent daughters are 24 years old. The Eighth Circuit court and other federal appellate courts have held that for-profit employers are likely to prevail on similar claims under the Religious Freedom Restoration Act, because their free exercise of religious faith is substantially burdened when the government forces them to provide such coverage for their employees. The Wielands claim that their religious freedom – Paul’s as an employee and both Wielands, as parents, is also protected under the act.

The Wielands had previously obtained a health insurance plan that did not include abortion-inducing drugs and contraceptives. But because of the Health and Human Services mandate, that plan was eliminated and, without their permission, the Wielands were transferred to another plan that is contrary to their Catholic faith.

“We liked our health care plan. We should be able to keep it,” Mrs. Wieland said. “It protected our religious beliefs and our rights as parents.”

To date, forty for-profit employers have filed lawsuits over the controversial Obamacare mandate. Thirty-two of the plaintiffs have secured injunctive relief against the mandate. “There is every reason to expect that the Wielands will also prevail in their quest to secure their religious liberty,” said Timothy Belz, special counsel for the Thomas More Society, who is representing the Wielands.

According to veteran court watchers, the U.S. Supreme Court on Tuesday will consider whether to take up one or more of four cases on the mandate decided in the lower courts – including an appeal by the Obama Administration of the Hobby Lobby decision by the Tenth Circuit in June that upheld the right of the Christian craft store chain to exclude abortion-inducing drugs and devices in their employee’s health plans.

The lawsuit by the Wielands names the U.S. Department of Health & Human Services, U.S. Department of the Treasury, and U.S. Department of Labor as defendants.

Read the request for injunctive relief for the Wielands here.

A copy of the original lawsuit is available here.

Conservative Daily News

Missouri Legislator & Wife Ask Court for Protection During Obamacare Lawsuit Appeal

AP source: A-Rod can play during suspension appeal

New York Yankees third baseman Alex Rodriguez answers questions from the media during a press conference after a minor league baseball rehab start with the Trenton Thunder in a game against the Reading Fightin Phils, Saturday, Aug. 3, 2013 at Arm & Hammer Park in Trenton, N.J.. (AP Photo/Rich Schultz)

New York Yankees third baseman Alex Rodriguez answers questions from the media during a press conference after a minor league baseball rehab start with the Trenton Thunder in a game against the Reading Fightin Phils, Saturday, Aug. 3, 2013 at Arm & Hammer Park in Trenton, N.J.. (AP Photo/Rich Schultz)

New York Yankees third baseman Alex Rodriguez answers questions from the media during a press conference after a minor league baseball rehab start with the Trenton Thunder in a game against the Reading Fightin Phils, Saturday, Aug. 3, 2013 at Arm & Hammer Park in Trenton, N.J.. (AP Photo/Rich Schultz)

New York Yankees third baseman Alex Rodriguez answers questions from the media during a news conference after a minor league baseball rehab start with the Trenton Thunder in a game against the Reading Phillies, Saturday, Aug. 3, 2013, in Trenton, N.J. (AP Photo/Rich Schultz)

New York Yankees’ Alex Rodriguez stands on first base after drawing a walk during the first inning of a Class AA baseball game with the Trenton Thunder against the Reading Phillies Saturday, Aug. 3, 2013, in Trenton, N.J. (AP Photo/Rich Schultz)

New York Yankees’ Alex Rodriguez trots to first base after drawing a walk during the first inning of a Class AA baseball game with the Trenton Thunder against the Reading Phillies Saturday, Aug. 3, 2013, in Trenton, N.J. (AP Photo/Rich Schultz)

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NEW YORK (AP) — Alex Rodriguez figures to have a one-of-a-kind day on Monday. He’ll receive a lengthy suspension from baseball and then head to the ballpark to play for the New York Yankees for the first time this season.

A-Rod’s suspension, likely through the 2014 season, was to be announced as part of Major League Baseball’s latest drug investigation, a person familiar with the decision told The Associated Press.

Major League Baseball informed the Yankees on Sunday that A-Rod will be suspended for his links to a clinic accused of distributing banned performance-enhancing drugs, the person said, speaking on condition of anonymity because no statement was authorized.

But the person also said A-Rod will be eligible to play while he appeals the penalty to an arbitrator.

The Yankees weren’t told the exact length of the suspension, though they were under the impression it will be through the 2014 season, the person said.

The Yankees star could get a shorter penalty if he agrees to give up the right to file a grievance and force the case before an arbitrator, the person added.

A suspension from Monday through 2014 would total 214 games, and an unsuccessful appeal could stretch serving the penalty into 2015.

In the era before players and owners agreed to a drug plan in late 2002, arbitrators often shortened drug suspensions — in the case of Yankees pitcher Steve Howe, his penalty was cut from a lifetime ban to 119 days.

MLB planned an announcement for noon EDT Monday, a second person familiar with the deliberations said, also on condition of anonymity.

Rodriguez is the most famous player linked to the now-closed Biogenesis of America anti-aging clinic in Florida, and the Yankees expect him to be charged with interfering with MLB’s investigation, resulting in a harsher penalty than the other 13 players facing discipline.

Barring an agreement, Rodriguez’s appeal would be heard by arbitrator Fredric Horowitz.

Adding to the drama: The 38-year-old Rodriguez, a three-time AL MVP, was due to rejoin the Yankees for their series opener at the Chicago White Sox, his first big league appearance since last October’s playoffs. He’s been rehabbing since hip surgery in January.

“He’s in there, and I’m going to play him,” Yankees manager Joe Girardi said Sunday after New York’s 6-3 loss at San Diego.

Yankees outfielder Curtis Granderson was excited A-Rod could play during an appeal.

“I want him back with us. This is arguably one of the best hitters of all time,” he said. “Having him in the lineup is obviously going to be very positive for us.”

New York is a season-high 9½ games out of first place in the AL East and 4½ out in the race for the second wild-card spot.

“We’re going to be happy to see him back in the lineup, especially the way we’ve been playing,” second baseman Robinson Cano said. “He can come up and help us win some games.”

All-Stars Nelson Cruz of Texas, Jhonny Peralta of Detroit and Everth Cabrera of San Diego were among those who could get 50-game suspensions from the probe, sparked in January when Miami New Times published documents linking many players to the closed clinic in Coral Gables, Fla.

Many players were expected to agree to penalties and start serving them immediately, but an appeal by a first-offender under the drug agreement would postpone his suspension until after a decision by an arbitrator.

Milwaukee outfielder Ryan Braun, the 2011 NL MVP, agreed July 22 to a 65-game ban through the rest of the 2013 season for his role with Biogenesis.

Braun was given a 50-game suspension for elevated testosterone that was overturned last year by arbitrator Shyam Das because of issues with the handling of the urine sample.

Since spring training, the union has said it will consider stiffer penalties starting in 2014.

“The home runs that are hit because a guy’s on performance-enhancing substances, those ruin somebody’s ERA, which ruins their arbitration case, which ruins their salary,” Los Angeles Angels pitcher C.J. Wilson said. “So it’s a whole domino effect.”

Rodriguez’s return from hip surgery was slowed by a quadriceps injury. He completed his second minor league injury rehabilitation assignment on Saturday night, a two-day stay at Double-A Trenton. Rodriguez walked in all four plate appearances, a day after hitting a two-run homer.

Following Friday night’s game, Rodriguez all but said he thought MLB and the Yankees were conspiring to keep him from getting back to the big leagues.

“There is more than one party that benefits from me not ever stepping back on the field. And that’s not my teammates and it’s not the Yankee fans,” he said, adding: “When all this stuff is going on in the background and people are finding creative ways to cancel your contract and stuff like that, I think that’s concerning for me.”

He last played in October, going 3 for 25 (.120) with no RBIs in the playoffs. Rodriguez is owed $ 8,568,306 of his $ 28 million salary from Monday through the rest of the season and $ 86 million for the final four years of his contract with the Yankees.

Girardi didn’t think A-Rod’s arrival would create more turmoil than the Yankees already are used to.

“I don’t suspect it’ll be awkward. Most of these guys know him as a teammate and have laughed a lot with Alex and been around Alex a lot,” he said. “I think it’ll be business as usual. I’m sure there will be more media there, obviously, tomorrow, but I think that’s probably more for Alex to deal with than the rest of the guys. I don’t think it’ll be a big deal.”

Lawyers involved in the drug cases have been trying to reach agreements that would avoid grievances. Deal or no deal, Commissioner Bud Selig was prepared to announce discipline.

Peralta didn’t think the possibility of a suspension made it harder to focus on the field.

“Nothing to worry about,” he said. “Play the game how I play every day, and try to enjoy every day.”

Asked what action he would take if penalized, Cruz said: “I haven’t decided what I’m going to do.”

There have been 43 suspensions under the major league drug agreement since testing with penalties for first offenses started in 2005. The longest penalty served has been a 100-game suspension by San Francisco pitcher Guillermo Mota for a positive test for Clenbuterol, his second drug offense.

In addition, Tampa Bay outfielder Manny Ramirez retired two years ago rather than face a 100-game suspension. When he decided to return for 2012 the penalty was cut to 50 games because he already had sat out almost an entire season.

Colorado catcher Eliezer Alfonzo was suspended for 100 games in September 2011, but the penalty was rescinded the following May because of handling issues similar to the ones involving Braun’s urine sample.

___

AP Sports Writers Noah Trister in Detroit and Bernie Wilson in San Diego, and AP freelance writer Rick Eymer in Oakland, Calif., contributed to this report.

Associated Press

Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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AP source: A-Rod can play during suspension appeal

Judge Frees Russian Opposition Leader During Appeal

KIROV, Russia — Russia’s most prominent opposition leader was released from police custody on Friday, a day after his conviction on embezzlement charges, as the Russian authorities edged back from a decision that set off angry protests in several of Russia’s largest cities.

Late on Thursday the prosecutor in Kirov, where Aleksei A. Navalny was convicted and sentenced to five years in prison, petitioned the judge to release him pending his appeal, arguing that the arrest prevented him from taking part in the Moscow mayoral election. That could keep Mr. Navalny out of prison for more than a month, perhaps temporarily neutralizing the anger at the verdict while allowing him to run for mayor of Moscow in September.

Mr. Navalny, who famously branded President Vladimir V. Putin’s United Russia political machine the “party of swindlers and thieves,” was apparently singled out by the Kremlin after having grown in stature from his beginnings as an anti-corruption blogger and leader of street protests to a populist candidate for mayor.

Asked to make a comment during the hearing Friday, Mr. Navalny, who seemed in good spirits, reflected on the bizarre nature of the prosecutor’s motion to release him.

“I request that you verify the identity of Prosecutor Sergei Bogdanov,” he said. “It’s possible that it is not Prosecutor Bogdanov but his double. Because it was namely Prosecutor Bogdanov demanded that I be arrested in the courtroom.”

Although the prosecutor’s motivation was not clear, Mr. Navalny’s supporters believed the protests had swung the balance.

As crowds of demonstrators swirled near Manezh Square in Moscow on Thursday night, Dmitri Gudkov, a political opposition leader and member of Parliament who attended Mr. Navalny’s sentencing, wrote on Twitter: “Tomorrow morning he may be released. Manezh, this is thanks to you!” That was later confirmed by Vadim Kobzev, Mr. Navalny’s lawyer, who called it “a clearly political decision.”

By early morning on Friday, as many as 200 people had been detained in Moscow, Aleksei Mayorov, a municipal security official, told Interfax. Despite tight security, protesters managed to mass at a major intersection on Thursday night and at one point the crowds blocked the main artery leading to the Kremlin gates. The police estimated the crowd at 2,000, while protesters said it was upward of 5,000.

The Navalny case has captivated Moscow. When speaking before a crowd, Mr. Navalny projects a raw charisma. He was the leader in a popular opposition movement in which huge numbers of demonstrators poured into the streets demanding the rule of law and political reform. But when Mr. Putin returned to the presidency, his crackdown managed to discourage or frighten many of Mr. Navalny’s supporters — young, professional, tech-savvy Russians — into silence.

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Judge Frees Russian Opposition Leader During Appeal

A Mass Election, Without Mass Appeal

The temptation is to view congressional special elections as a harbinger of things to come.

Take 1991, for example. A year before Bill Clinton captured the White House, a little known Democrat named Harris Wofford won a U.S. Senate special election in Pennsylvania by making a blue-collar pitch for health care reform (beer-and-shot politics being a wee stretch for a Yale Law grad whose middle name was Liewellyn). The same theme worked for fellow Yalie Clinton in 1992 (not coincidentally, Clinton and Wofford shared the consulting services of James Carville and Paul Begala).

Nearly two decades later, in Massachusetts, another Senate contest was a preview of coming attractions. In the race to replace the late Ted Kennedy, Republican Scott Brown pulled an upset in the deep-blue state by simply offering himself as a regular truck-driving guy who was fiscally conservative and deeply suspicious of Washington – pretty much what worked for GOP candidates later that year in retaking the House.

On Tuesday, the Bay State was the site of another Senate special election – this time, to replace John Kerry (Massachusetts has now held four Senate elections in the past five year). But history didn’t repeat itself.  Democrat Edward Markey breezed to victory – a 10-point win that Barack Obama carried by 23 points in 2012 – in a contest that offered little in the way of drama or voter interest.

The takeaways?

1)  Boston, Home of the Big Dig Yawn. Candidates, unlike Kardashians, have to work for media attention. The last thing they want is a crowded news space, or excuses for voters to forget about their civic obligation. Now, consider what the two Massachusetts candidates, in trying to crack the airwaves in Boston, encountered in this week’s vote:Whitey Bulger’s trial (think Jack Nicholson’s psychopath in The Departed), the Bruins battling at home for the Stanley Cup, a New England Patriots’ star now under arrest in a homicide investigation. Add to that the timing of the contest – late June, when families are on vacation, plus some mischief from Mother Nature in the form of an Election Day heat wave which maybe kept some folks away from the polls – and small wonder that the turnout in this contest seemed historically awful. That won’t be the case in the fall of 2014, despite the public’s low regard for Congress.

2)  This Time, It Was Personal. The Massachusetts special of 2010 had its focal points – the Kennedy legacy, the 41st vote against Obamacare. While there were some departures from the policy stage (for example, Democrat Martha Coakley calling Red Sox legend Curt Schilling “another Yankee fan”), the contest wasn’t ugly. In 2013, instead of Lincoln-Douglas, Massachusetts’s voters got Tyson-Douglas – a very personal brawl.  Markey accused his Republican foe, Gabriel Gomez, of playing fast and loose with his tax returns. Gomez, a first-time candidate and former Navy SEAL, called Markey “pond scum” after an ad likening the Republican to Osama bin Laden (here’s a look at the two campaigns’ attack ads). The 2014 races won’t lack for their personal digs, but they’ll also be more policy-driven in that Republicans will make be making the case against six years of the Obama presidency, while Democrats will push against the idea of total GOP control of Congress.

3)  The 2014 Numbers Game Didn’t Change. In 2010, as previously mentioned, Brown represented the 41^st vote against Obama – huge ramifications for Washington and the nation. Had Gomez somehow pulled an upset, he would have pushed the Republican total to 47 seats – enough to make cloture votes a little more challenging, but not the same dramatic shift as that 41^st vote. Moreover, just as Brown was ousted in 2012, Gomez may not have had much of a shelf life in a state where Democrats still enjoy a 3-1 advantage in registration (to give you idea of just how formidable edge it is, Brown had to win 65% of the independent vote in that 2010 special election to escape with a 5-point win). As for 2014, Massachusetts doesn’t factor. What will decide the balance in 2015 and beyond is how Republicans fare in Senate contests in seven states that Mitt Romney won in 2012 (compared to only one Obama stare – Maine – where a Republican incumbent is being put to the test). Those red states are: Alaska, Arkansas, Louisiana, Montana, North Carolina, South Dakota and West Virginia. Win six of those seven states (Nate Silver thinks that’s iffy, at best) and Barack Obama gets to experience the same joy as the last three presidents in completing the final two years of their administration: the opposition party controlling both halves of Congress.

RealClearPolitics – Articles

A Mass Election, Without Mass Appeal

Police appeal after hit and run in Manchester

They have now released the CCTV video and an image of a man they wish to trace in connection with the hit and run to appeal to the public for any information.

Anyone with information should phone police on 0161 856 3521/4288/3502 or the independent charity Crimestoppers, anonymously, on 0800 555 111.

Crime News – UK Crime News

Police appeal after hit and run in Manchester