Sunday, May 9, 2010

Atheists Lose Again in Court: 'God' in Presidential Inauguration A-OK

Hope still remains for America, people!  Michael Newdow, known for his challenges to "under God" in the Pledge of Allegiance, has lost out on deleting the mention of God from the President's Oath of Office, as well as his attempts to remove the ceremony's invocation and benediction.  This report from Nathan Black of The Christian Post (emphasis added):

Atheists Lose Suit Against 'God' in Presidential Oath

A federal appeals court on Friday upheld the dismissal of a lawsuit that challenged prayers and religious elements in presidential inaugurations, including President Obama's in 2009.

The claims made by atheists regarding the 2009 inaugural ceremony are moot, a three-judge panel of the U.S. Court of Appeals for the District of Columbia concluded, and the plaintiffs lack standing to challenge the 2013 and 2017 inaugurations.

The plaintiffs were led by atheist Michael Newdow who tried to keep the "so help me God" phrase along with the invocation and benediction prayers (led by Revs. Rick Warren and Joseph Lowery) out of Obama's inaugural ceremony.

Newdow, who lost similar challenges twice before, filed suit before the 2009 inauguration. A federal district court, however, rejected the complaint days before the ceremony, ruling that plaintiffs lacked standing. Newdow appealed.

They argued that the religious elements were violations of the First and Fifth Amendments, and in particular the Establishment Clause of the First Amendment.

References to "God' by Chief Justice John Roberts, Jr., and the invitation of ministers to pray "might have misled the uninformed to think the imprimatur of the state had been placed on the invocation of the Almighty and contributed to a social stigma against them as atheists," the atheists maintained.
D.C. Circuit Judge Janice Rogers Brown said Friday it was too late to act on Obama's inauguration.

"Whether the 2009 ceremony’s incorporation of the religious oath and prayers was constitutional may be an important question to plaintiffs, but it is not a live controversy that can avail itself of the judicial powers of the federal courts," Brown wrote in the opinion.

"It is therefore moot."

The judges also ruled against the atheists' attempt to block prayer and religious elements from being included in future presidential inauguration ceremonies.

It is really up to the President or the President-elect to choose what to include in an inaugural ceremony, and any other participants, such as the chief justice or clergymen, are "powerless" in that respect, Brown wrote.

Thus, issuing an injunction to prevent the defendants – including the Chief Justice Roberts, the Joint Congressional Committee on Inaugural Ceremonies and the Presidential Inaugural Committee – from implementing the future President's inaugural plan would be "folly," Brown noted.

The plaintiffs conceded that the President cannot be denied the prerogative of making a religious reference because doing so would abrogate his First Amendment rights.

"For sure, if it were otherwise, George Washington could not have begun the tradition by appending 'So help me God' to his own oath; Lincoln could not have offered a war-weary nation 'malice toward none' and 'charity for all [] with firmness in the right as God gives us to see the right'; Kennedy could not have told us 'that here on earth God’s work' must be our own," Brown wrote.

In a concurring opinion, Judge Brett Kavanaugh said the words "so help me God" in the presidential oath are not proselytizing or otherwise exploitative and use of the phrase is deeply rooted in the nation's history and tradition.

Prayers, Kavanaugh added, are also deeply rooted in American history and tradition and the ones said at the 2009 inauguration were also not proselytizing. Though the prayers contained a reference to Jesus, the Establishment Clause does not ban any and all sectarian references in prayers at public ceremonies, he wrote. Moreover, the sectarian references in the 2009 inaugural prayers were limited in number.

Though in agreement with the judgment, Kavanaugh wrote in his opinion that the plaintiffs did have standing to raise an Establishment Clause challenge to the religious elements in presidential inauguration ceremonies. But he rejected the plaintiffs' claims on the merits, concluding that the longstanding practices do not violate the Establishment Clause as it has been interpreted by the Supreme Court in previous cases.

Thursday, May 6, 2010

Navy SEAL Not Guilty of "Assaulting" Enemy Combatant

Well, HALLELUJAH!  The third and final Navy SEAL charged with assaulting Ahmed Hashim Abed, suspected mastermind of the gruesome slaughter of four American private security contractors in Fallujah in 2004, has been found not guilty of all charges!!!!

The story from FoxNews (emphasis added):

Navy SEAL Found Not Guilty of Assaulting a Suspected Terrorist

Military jury found a Navy SEAL not guilty on charges of punching a suspected Iraqi terrorist.
A Virginia military jury found a Navy SEAL not guilty Thursday on all charges he punched an Iraqi suspected in the 2004 killings of four U.S. contractors in Fallujah.

"I'm really happy right now," Matthew McCabe, the Navy SEAL, told Fox News shortly after hearing the outcome of the court martial. "It's an amazing feeling. I'm on cloud nine right now."

McCabe, a special operations petty officer second class, called the proceedings "troubling at times," adding "having your career on the line is not an easy thing to handle.

McCabe was the third and final Navy SEAL to be prosecuted in the case. He had faced charges of assault, making a false official statement and dereliction of performance of duty for willfully failing to safeguard a detainee. McCabe was accused of punching last year is Ahmed Hashim Abed, the suspected mastermind of the grisly killings six years ago.

After the court martial, the 24-year-old from Perrysburg, Ohio, thanked the public for its continued support.

"It's been great everything they've done," he told Fox News. "But, don't worry about it anymore. We are putting this all behind us. It's done and over with. I'm going to try not to think about this ever again."

This follows four days of pre-trial motions, jury selection and testimony before a judge advocate general, Capt. Moira Modelewski, at naval station in Norfolk, Va.

Another one of the Navy SEALs charged, but acquitted in connection with the Abed case, Petty Officer First Class Julio Huertas, took the stand for the defense Thursday morning.

He said that he and the other two Navy SEALs, McCabe and Jonathan Keefe, did visit the detention facility where Abed was being held on the night of the alleged incident.

But, he insists, there was no assault. Huertas and Keefe were found not guilty last month in separate trials in Baghdad.

The defense called an oral surgeon Thursday who testified by phone from Baghdad. He said Abed might have bitten an ulcer on his lip, causing it to bleed. Defense attorneys hope this validates their position that no assault occurred and that Al Qaeda detainees are trained to injure themselves then claim abuse.

Abed was captured in a surprise raid by the Navy SEALs in Fallujah, Iraq, in September of last year. The murders he’s accused of masterminding were a turning point in the Iraq war, galvanizing the U.S. military to launch a major offensive against the insurgents in Fallujah. The bodies of the four Americans were burning and dragged through the streets, and two of them were hanged from a bridge over the Euphrates River.
It's disgusting and ridiculous that the case got as far as it did, putting those men and their families through hell ... all because they supposedly punched an enemy combatant?  I mean, c'mon!  Any kind of scuffle between soldiers and someone like Abed will most likely result in someone getting roughed up.  Who's to say such claims won't come cascading down on the heads of our soldiers just to make their lives miserable and to impede the military's actions?

Frankly, if Abed had indeed been assaulted, he's lucky he got away with just a punch in the face.  He deserves so much more.  Look at the "justice" those contractors got from the citizens of Fallujah!

U.S. Flag "Incendiary?"

This headline on FoxNews' website today caught my eye ... and raised my blood pressure (emphasis added):

California Students Sent Home for Wearing U.S. Flags on Cinco de Mayo

Administrators at a California high school sent five students home on Wednesday after they refused to remove their American flag T-shirts and bandannas -- garments the school officials deemed "incendiary" on Cinco de Mayo.

The five teens were sitting at a table outside Live Oak High School in Morgan Hill, Calif., on Wednesday morning when Assistant Principal Miguel Rodriguez asked two of them to remove their American flag 
bandannas, the Morgan Hill Times reported. The boys told the newspaper they complied, but were asked to accompany Rodriguez to the principal's office.

The five students -- Daniel Galli, Austin Carvalho, Matt Dariano, Dominic Maciel and Clayton Howard -- were then told they must turn their T-shirts inside-out or be sent home, though it would not be considered a suspension. Rodriguez told the students he did not want any fights to break out between Mexican-American students celebrating their heritage and those wearing American flags.

"They said we were starting a fight," Dariano told the newspaper. "We were fuel to the fire."

The boys told Rodriguez and Principal Nick Boden that turning their shirts inside-out was disrespectful, so their parents decided to take them home, the newspaper reports.

"I just couldn't believe it," Julie Fagerstrom, Maciel's mother, told the newspaper. "I'm an open-minded parent, but it's got to be on both sides. It can't be five kids singled out."

Galli told NBC Bay Area, "They said we could wear it on any other day, but today is sensitive to Mexican-Americans because it's supposed to be their holiday so we were not allowed to wear it."

In a statement released on Wednesday, the Morgan Hill Unified School District said it did not agree with the school's actions.

"In an attempt to foster a spirit of cultural awareness and maintain a safe and supportive school environment, the Live Oak High School administration took certain actions earlier today," the statement read. "The district does not concur with the Live Oak High School administration's interpretation of either board or district policy related to these actions."

Attempts to reach school officials early Thursday were not successful. A secretary told the Morgan Hill Times that Boden and Rodriguez were unavailable for comment on Wednesday.

According to its website, Live Oak High School is a 1,300-student institution in the southern part of Santa Clara County, with most students residing in the nearby cities of Morgan Hill and San Jose.

"The student population reflects the rich ethnic and socioeconomic diversity of the community," the website reads.

More than 100 students were spotted wearing the colors of the Mexican flag -- red, white and green -- as they left school, including some who had the flag painted on their faces or arms, the Morgan Hill times reported.

While bandannas of any color are banned at the school, its dress code policy does not contain references to American flags.

"However, any clothing or decoration which detracts from the learning environment is prohibited," the policy reads. "The school has the right to request that any student dressing inappropriately for school will change into other clothes, be sent home to change, and/or be subject to disciplinary action."

Freshman Laura Ponce, who had a Mexican flag painted on her face and chest, told the Morgan Hill Times that Cinco de Mayo is the "only day" Mexican-American students can show their national pride.  "There was a lot of drama going on today," Ponce told the newspaper.

Some other Mexican-American students reportedly said their flags were taken away or asked to be put away, but no other students were sent home on Wednesday. ...
Yes, I am aware that administrators of the school might be nervous given the violent May Day protesters earlier this week in Arizona and around the country demonstrating against "the rule of law" (i.e. enforcing the laws of this land).  Here are my thoughts ...

1)  Of course, it would be PC, liberal academia in California.  I wonder if they consider the American flag to be not only "incendiary" but maybe also "racist."

2)  What about "Cinco de Mayo" attire likewise being considered "incendiary?"  Would students wearing such t-shirts also be told to turn their t-shirts inside-out or be sent home?

3)  At least the school district had the cojones to state that the administrators acted outside district guidelines.  I wonder if any of the administrators called anyone else in the district and asked for advice on how to handle the "situation." Or, could this be a case where the district's higher-ups said one thing and are now leaving the administrators out to dry?

Sunday, May 2, 2010

Some more political cartoons ... Immigration and Oil

Pig Pixie Dust: New Hope for Regrowing Amputated Limbs

It's amazing what scientists discover ... and in this case, what can be made from a pig's bladder!

From the UK's Mail Online:
The amazing 'pixie dust' made from pigs bladder that regrew a severed finger in FOUR weeks

Sponges can do it and so can starfish. For flatworms it is no problem, and both lizards and salamanders can pull off the same trick.

The trick in question is regeneration, the almost magical property possessed by some animals to regrow whole limbs, tails, other body parts or organs if they are lost in an accident.

This spontaneous regeneration has only recently begun to be understood and it involves an incredibly complex interplay of genes and tissues.

What is known is that regeneration does not - except to a very limited degree - occur in humans or, indeed, in any mammals. Cut off a man's leg or a rabbit's foot and the best you can hope for is a scar covered stump.

Cut off a finger-tip and, unless you find a surgeon to sew it back on again promptly, you will simply have to put up with one digit shorter than the rest.

That is, if reports are to be believed, unless you are Lee Spievack, a model aircraft enthusiast from Cincinnati in the U.S. who, in 2005, accidentally sliced an inch off the tip of his index finger with a model aeroplane propeller.

He was offered a tissue graft but refused when his brother Alan, a physician who has been researching tissue regeneration, persuaded him to sprinkle what is being termed "pixie dust" on the stump.

The dust, actually a collagen powder derived from pigs' bladders, appeared to provide a suitable "matrix" or framework, stimulating regrowth of the tissues and division of the cells, to enable Mr Spievack's finger to grow back - in just a month.

And not just a stump - flesh, tendon, skin, fingernail, fingerprints and all.

It is an extraordinary story because, if it can be confirmed, it will point the way to a breakthrough in one of medical science's greatest problems: the inability of humans to regenerate lost tissue.

One organisation with a keen interest in tissue regeneration is the U.S. Army. Military researchers are reported to be working with University of Pittsburgh scientists who developed the pixie dust to find a way to allow injured soldiers to regrow lost fingers, skin, and even whole limbs.

With hundreds of U.S. soldiers coming home injured from Iraq every month, such an advance would be leapt upon by the Pentagon.

Dr Stephen Badylak of the University of Pittsburgh is the scientist who developed the pixie dust. It consists of a mixture of protein and connective tissue which is already used by surgeons to repair tendons.

The U.S. Army has invested millions of dollars in regenerative medicine, and Dr Badylak - and Mr Spievack's brother - could become very rich men.

The powder, he has said, "tells the body to start the process of tissue regrowth".

But can it really be the case that a small and hitherto unknown team of medics has made a breakthrough that has had the world's mainstream researchers baffled for decades?

Or has something less dramatic happened? Could Mr Spievack's fingertip simply have been damaged badly, but not beyond repair?

"It does all sound terribly anecdotal," says Dr Stephen Minger, an expert in tissue regeneration and stem cells at King's College in London. "We simply do not have enough information to know exactly what they have done."

According to Dr Minger, while it could be theoretically possible that a man has regrown his finger by sprinkling it with powdered pig bladder, it seems unlikely.

The problem is that a fingertip, while appearing simple, is actually a very complex structure. It consists of skin, fat, connective tissue, bone, tendon, nerves and blood vessels as well as the quite complex apparatus which grows the fingernail.
Continue here for the rest of the story.

School Clinic Arranges Student's Abortion

The house renovation is slowly moving along ... which continues to eat up a lot of my extra time.  Thus, no blogging for the past couple of weeks.  But, I wanted to be sure you saw this article I ran across late March.  Very alarming ... from KOMO News in Seattle (emphasis added):
Mother furious after in-school clinic sets up teen's abortion

SEATTLE -- The mother of a Ballard High School student is fuming after the health center on campus helped facilitate her daughter's abortion during school hours.

The mother, whom KOMO News has chosen to identify only as "Jill," says the clinic kept the information "confidential."

When she signed a consent form, Jill figured it meant her 15 year old could go to the Ballard Teen Health Center located inside the high school for an earache, a sports physical, even birth control, but not for help terminating a pregnancy.

"She took a pregnancy test at school at the teen health center," she said. "Nowhere in this paperwork does it mention abortion or facilitating abortion."

Jill says her daughter, a pro-life advocate, was given a pass, put in a taxi and sent off to have an abortion during school hours all without her family knowing.

"We had no idea this was being facilitated on campus," said Jill. "They just told her that if she concealed it from her family, that it would be free of charge and no financial responsibility."

The Seattle School District says it doesn't run the health clinics at high schools. Swedish Medical Center runs the clinic at Ballard High and protects the students' privacy.

T.J. Cosgrove of the King County Health Department, which administers the school-based programs for the health department, says it's always best if parents are involved in their children's health care, but don't always have a say.

"At any age in the state of Washington, an individual can consent to a termination of pregnancy," he said.

But Jill says she not only didn't have a say in her daughter's abortion, but also didn't know about it.

"Makes me feel like my rights were completely stripped away."
I am a bit puzzled by school clinics that dispense birth control, let alone the one above that provides pregnancy testing and arranges abortions for students.  My school's nurse, in comparison, cannot dispense ANY medication unless the parents have dropped off the meds (e.g. Advil) along with signing consent.   It should really cause parents to investigate what exactly they are consenting to when signing school paperwork.

Do parents, and other adults for that matter, not see the disparity in the law that demands parental permission for ear piercing, for example, but is silent when an under-age girl wants an abortion?