ANN ARBOR, MI – Nearly two years later and before the case ever went to trial, a federal court in California entered a judgment on Thursday, August 12, 2010, in favor of a middle school student’s right to wear a pro-life t-shirt to school.  The judgment signifies yet another victory in one student’s courageous mission to speak out against abortion.

Tiffany Amador, then a sixth-grade student at McSwain Union Elementary School, wore several different pro-life t-shirts to school throughout the year to make known her strong belief that abortion is wrong.  On April 29, 2008, Tiffany donned one of her pro-life t-shirts for National Pro-Life T-Shirt Day.  That morning in school, while attempting to eat breakfast, Tiffany was forcefully directed into the principal’s office and ordered to remove her t-shirt.  Prior to this incident, Miss Amador was never confronted about the t-shirts she frequently wore to school.

As a result of the school’s actions, the Thomas More Law Center, a national public-interest law firm based in Ann Arbor, Michigan, filed a federal lawsuit in December 2008, alleging that the sixth grader’s constitutional rights had been violated.  The Law Center was assisted by Los Angeles attorney William J. Becker, Jr., of the Becker Law Firm. 

Robert Muise, Senior Trial Counsel for the Thomas More Law Center, commented, “It is unfortunate that school officials across this country continue to ignore settled law.  Students do not shed their constitutional rights at the school house gate.  The U.S. Supreme Court made this clear decades ago.  So long as school officials seem bent on silencing student speech that they dislike, they will face legal challenge.”

Attorneys Bill Becker and Robert Muise of the Law Center are currently litigating a similar case in Morgan Hill, California, involving students who were ordered to remove American flag t-shirts they wore to school on Cinco De Mayo.

The Thomas More Law Center defends and promotes America’s Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

ANN ARBOR, MI – Federal District Court Judge George C. Steeh, agreeing “that a prompt resolution of the constitutional issue would serve the public interest,” will hear oral arguments on the merits of the case challenging ObamaCare on Wednesday, July 21, 2010 at 9:30 AM.   
Judge Steeh ordered the consolidation of the Thomas More Law Center’s motion for a Preliminary Injunction to prevent enforcement of ObamaCare with trial on the merits. 

[Click here to read Order].

“The significance of this court hearing cannot be overstated,” said Richard Thompson, President and Chief Counsel of the Law Center.  The hearing will take place in Judge Steeh’s courtroom located in the Theodore Levin U.S. Courthouse in Detroit.  

Moments after President Obama signed the health care bill into law (Patient Protection and Affordable Care Act), on March 23, 2010, the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, and co-counsel Washington, D.C. lawyer David Yerushalmi filed a federal lawsuit on behalf of the Law Center and four Michigan residents who object to being forced by the federal government to purchase health care or face a federal penalty.  The basis for the lawsuit and the motion is that Congress exceeded its authority under the Commerce Clause by mandating that private citizens purchase health care coverage or face a penalty.

Presenting arguments in support of the motion for Preliminary Injunction will be the Law Center’s Senior Trial Counsel Rob Muise and co-counsel David Yerushalmi.

The Thomas More Law Center defends and promotes America’s Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

ANN ARBOR, MI – Moments after President Obama signed the so-called health care reform bill into law in a televised White House ceremony, the Thomas More Law Center, a national public interest law firm based in Ann Arbor Michigan, filed a federal lawsuit challenging its constitutionality in the Federal District Court for the Eastern District of Michigan. 

The purpose of the lawsuit is to permanently enjoin enforcement of the new health care legislation.

Assisting the Law Center as co-counsel in the lawsuit is attorney David Yerushalmi.

The lawsuit was filed on behalf of the Law Center itself, and four individuals from the Southeastern Michigan area.  None of the individuals have private health care insurance; all object to being forced to purchase health care coverage; and all object to being forced to pay for abortions, which is contrary to their religious beliefs.

Named as defendants in the lawsuit are President Obama, Kathleen Sebelius, the Secretary of the Department of Health and Human Services; Eric H. Holder, Jr., U.S. Attorney General; and Timothy Geithner, Secretary of the Department of Treasury.  All the defendants were sued in their official capacity.

Richard Thompson, President and Chief Counsel of the Law Center, commented, “This Act is a product of political corruption and the exercise of unconstitutional power.  Our Founding Fathers envisioned a limited form of government. The purpose of our Constitution and this lawsuit is to insure it stays that way.”

Continued Thompson, “Let’s face it, if Congress has the power to force individuals to purchase health insurance coverage or pay a federal penalty merely because they live in America, then it has the unconstrained power to mandate that every American family buy a General Motors vehicle to help the economy or pay a federal penalty.”

Robert Muise, the Law Center’s Senior Trial Counsel, and David Yerushalmi prepared the lawsuit.  According to the lawsuit, the health care reform law imposes unprecedented governmental mandates that trample upon the personal and economic freedoms of Americans in violation of their constitutional rights. [Read copy of Complaint].

Among the allegations of the lawsuit are the claims that Congress had no authority under the Commerce Clause to pass the law; that by usurping the power reserved for the states and the people, Congress violated the Tenth Amendment; and that by forcing private citizens to fund abortion, contrary to their rights of conscience and the free exercise of religion, Congress violated the First Amendment.

Thompson concluded, “Americans agree that our health care system needs reform.  But they don’t want a federal takeover of the system in the process.  And they don’t want reform by trampling on our Constitution.” 

The Thomas More Law Center defends and promotes America’s Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

Complaint: 

http://www.thomasmore.org/downloads/sb_thomasmore/

TMLCFilesCourtChallengeMomentsAfterObamaHealt.pdf

ANN ARBOR, MI – Richard Thompson, President of the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, announced this morning the Law Center is prepared to file a federal lawsuit challenging the constitutionality of the new Health Care Bill as soon as President Obama signs it into law.

Named in the lawsuit in their official capacities will be President Obama, Kathleen Sebelius, Secretary of the U.S. Department of Health and Human Services, Eric H. Holder, Jr., the U.S. Attorney General, and Timothy F. Geithner, Secretary of the U.S. Department of Treasury.

Among the constitutional objections raised in the lawsuit will be Congress’s lack of authority to require private citizens to purchase or obtain health care coverage under penalty of federal law, as well as forcing Americans who oppose abortions to fund them with their tax dollars in violation of their fundamental rights of conscience and the free exercise of religion.

The Thomas More Law Center defends and promotes America’s Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

FROM THE AMERICAN THINKER

ObamaCare and me
By Zane F Pollard, MD
 
I have been sitting quietly on the sidelines watching all of this national debate on healthcare. It is time for me to bring some clarity to the table by explaining many of the problems from the perspective of a doctor.
 
 First off, the government has involved very few of us physicians in the healthcare debate. While the American Medical Association has come out in favor of the plan, it is vital to remember that the AMA only represents 17% of the American physician workforce.
 
 I have taken care of Medicaid patients for 35 years while representing the only pediatric ophthalmology group left in Atlanta, Georgia that accepts Medicaid. For example, in the past 6 months I have cared for three young children on Medicaid who had corneal ulcers. This is a potentially blinding situation because if the cornea perforates from the infection, almost surely blindness will occur. In all three cases the antibiotic needed for the eradication of the infection was not on the approved Medicaid list.
 
Each time I was told to fax Medicaid for the approval forms, which I did. Within 48 hours the form came back to me which was sent in immediately via fax, and I was told that I would have my answer in 10 days. Of course by then each child would have been blind in the eye.
 
Each time the request came back denied. All three times I personally provided the antibiotic for each patient which was not on the Medicaid approved list. Get the point -- rationing of care.
 
Over the past 35 years I have cared for over 1000 children born with congenital cataracts. In older children and in adults the vision is rehabilitated with an intraocular lens. In newborns we use contact lenses  which ar! e very e xpensive. It takes Medicaid over one year to approve a contact lens post cataract surgery. By that time a successful anatomical operation is wasted as the child will be close to blind from a lack of focusing for so long a period of time.
 
Again, extreme rationing. Solution: I have a foundation here in Atlanta supported 100% by private funds which supplies all of these contact lenses for my Medicaid and illegal immigrants children for free. Again, waiting for the government would be disastrous.
 
Last week I had a lady bring her child to me. They are Americans but live in Sweden, as the father has a job with a big corporation. The child had the onset of double vision 3 months ago and has been unable to function normally because of this. They are people of means but are waiting 8 months to see the ophthalmologist in Sweden. Then if the child needed surgery they would be put on a 6 month waiting list. She called me and I saw her that day. It turned out that  the child had  accommodative esotropia (crossing of the eyes treated with glasses that  correct for farsightedness) and  responded to glasses within  4 days, so no surgery was needed. Again, rationing of care.
 
Last month I operated on a 70 year old lady with double vision present for 3 years. She responded quite nicely to her surgery and now is symptom free. I also operated on a 69 year old judge with vertical double vision. His surgery went very well and now he is happy as a lark. I have been told -- but of course there is no healthcare bill that has been passed yet -- that these 2 people because of their age would have been denied  surgery and just told to wear a patch over one eye to alleviate the symptoms of double vision. Obviously cheaper than surgery.
 
I spent two year in the US Navy during the Viet Nam war and was well treated by the military. There was tremendous  rationing of care and we were told specifically wha! t things the military personnel and their dependents could have and which things they could not have. While I was in Viet Nam, my wife Nancy got sick and got essentially no care at the Naval Hospital in Oakland, California. She went home and went to her family's private internist in Beverly Hills. While it was expensive, she received an immediate work up. Again rationing of care.
 
For those of you who are over 65, this bill in its present form might be lethal for you. People in England over 59 cannot receive stents for their coronary arteries. The government wants to mimic the British plan. For those of you younger, it will still mean restriction of the care that you and your children receive.
 
While 99% of physicians went into medicine because of the love of medicine and the challenge of helping our fellow man, economics are still important. My rent goes up 2% each year and the salaries of my employees go up 2% each year. Twenty years ago, ophthalmologists were paid $1800 for a cataract surgery and today $500. This is a 73% decrease in our fees. I do not know of many jobs in America that have seen this sort of lowering of fees.
 
But there is more to the story than just the lower fees. When I came to Atlanta, there was a well known ophthalmologist that charged $2500 for a cataract surgery as he felt the was the best. He had a terrific reputation and in fact  I had my mother's bilateral cataracts operated on by him with a wonderful result. She is now 94 and has 20/20 vision in both eyes. People would pay his  $2500 fee.
 
However, then the government came in and said that any doctor that does Medicare work cannot accept  more than the going rate ( now $500) or  he or she would be  severely fined. This put an end to his charging $2500. The government said it was illegal to accept more than the government-allowed rate. What  I am driving at is that those of you well off&n! bsp; wil l not  be able to go to the head of the line under this new healthcare plan, just because you have money, as no physician will be willing to go against the law to treat  you.
 
I am a pediatric ophthalmologist and trained for  10 years post-college to become a pediatric ophthalmologist (add  two years  of my service in the Navy and that comes  to 12 years).A neurosurgeon spends 14  years post -college, and if  he or she has to do the military that would be 16 years. I am not entitled to make what a neurosurgeon makes, but the new plan calls for all physicians to make the same amount of payment. I assure you that medical students will not go into neurosurgery and we will have a tremendous shortage of neurosurgeons.
 

Already, the top neurosurgeon at my hospital who is in good health and only 52 years old has just quit because he can't stand working with the government anymore. Forty-nine percent of children under the age of 16 in the state of Georgia are on Medicaid, so he felt he just could not stand working with the bureaucracy anymore.
 
We are being lied to about the uninsured. They are getting care. I operate at least 2 illegal immigrants each month who pay me nothing, and the children's hospital at which I operate charges them nothing also. This is true not only on Atlanta, but of every community in America.
 
The bottom line is that I urge all of you to contact your congresswomen and congressmen and senators to defeat this bill. I promise you that you will not like rationing of your own health.
 
Furthermore, how can you trust a physician that works under these conditions knowing that he is controlled by the state. I certainly could not trust any doctor that would work under these draconian conditions.
 
One last thing: with this new healthcare plan there will be a tremendous shortage of physicians. It has been estimated that approximately 5% of the current physician work force will quit under this new system. Also it is estimated that another 5% shortage will occur because of the decreased number of men and women wanting to go into medicine. At the present time the US government has mandated gender equity in admissions to medical schools  That means that for the past 15 years that somewhere between 49 and 51% of each entering class are females. This is true of private schools also, because all private schools receive federal funding.
 
The average career of a woman in medicine now is only 8-10 years and the average work week for a female in medicine is only 3-4 days. I have now trained 35 fellows in pedia! tric oph thalmology. Hands down the best was a female that I trained 4 years  ago -- she  was head and  heels above all  others I have trained. She now practices only 3 days a week.