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My Constitution and My Conscience Are Under Attack!


Cross-posted at Daily Kos

Yesterday, the news that Rick Warren would deliver the invocation at President-Elect Obama's inauguration sent flames down the progressive blogosphere.

But that was nothing compared to two other news items of this week.

On Monday, Vice President Cheney admitted he was involved in authorizing torture.  From the LA Times:

"I was aware of the program, certainly, and involved in helping get the process cleared," Cheney said in an interview on ABC News.

Asked whether he still believes it was appropriate to use the water-boarding method on terrorism suspects, Cheney said: "I do."

And today, my government issued one of the most dangerous orders against women's reproductive rights I can imagine.  From the Washington Post:

The controversial rule empowers federal health officials to cut off federal funding for any state or local government, hospital, clinic, health plan, doctor's office or other entity if it does not accommodate employees who exercise their "right of conscience."

Forgive me if I'm a lot more outraged by these other two stories than by the Rick Warren news, but this is f***ing crazy.  I hate Rick Warren and his support of Prop 8.  Rick Warren may be a bigot, a religious zealot, and an asshole.  But he's not a war criminal.

Cheney, on the other hand, is.  More from the LA Times:

Cheney's comments come on the heels of disclosures by a Senate committee showing that high-level officials in the Bush administration were intimately involved in reviewing and approving interrogation methods that since have been explicitly outlawed and that have been condemned internationally as torture.

Soon after the Sept. 11 attacks, Cheney said, the CIA "in effect came in and wanted to know what they could and couldn't do. And they talked to me, as well as others, to explain what they wanted to do. And I supported it."

Waterboarding involves strapping a prisoner to a tilted surface, covering his face with a towel and dousing it to simulate the sensation of drowning.

CIA Director Michael V. Hayden has said that the agency used the technique on three Al Qaeda suspects in 2002 and 2003. But the practice was discontinued when lawyers from the Department of Justice and other agencies began backing away from their opinions endorsing its legality.

Cheney has long defended the technique. But he has not previously disclosed his role in pushing to give the CIA such authority.

Cheney's office is regarded as the most hawkish presence in the Bush administration, pushing the White House toward aggressive stances on the invasion of Iraq and the wiretapping of U.S. citizens.

Asked when the Guantanamo Bay prison would be shut down, Cheney said, "I think that that would come with the end of the war on terror." He went on to say that "nobody can specify" when that might occur, and likened the use of the detention facility to the imprisonment of Germans during World War II.

"We've always exercised the right to capture the enemy and hold them till the end of the conflict," Cheney said.

The administration's legal case for holding detainees indefinitely has been eroded by a series of court rulings. Obama has pledged to close the facility, which still holds 250 prisoners.

As if anyone actually needed any more convincing evidence that Cheney is a war criminal who should be prosecuted to the full extent of the law, let me present as evidence this little document I found online....oh, what's it called?  The United States Constitution?

Amendment 5:

Amendment 5 - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment 6:

Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses. Ratified 12/15/1791.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Not only did Cheney authorize a system of brutal, inhumane treatment of war prisoners, but he was complicit in the dual crime of torturing them AND holding them in detention without a right to trial.

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As for the other terrible news for the day, the Bush Administration issued a new order that allows doctors and hospitals to refuse providing services to patients if if such services violate their "right of conscience."

The language of the rule, which will cost more than $44 million to implement, stressed that it is primarily aimed at making sure that federal laws on the books since the 1970s are enforced and that nothing in the regulation would prevent any organization from providing any type of care.

"The ability of patients to access health care services, including abortion and reproductive health services, is long-established and is not changed in this rule," it states. "Instead, this rule implements federal laws protecting health care workers and institutions from being compelled to participate in, or from being discriminated against for refusal to participate in, health services or research activities that may violate their consciences. . . . "

I'm sorry, what about protecting the rights of the patient?  Where did those get lost in translation?  If a woman is forced to carry a child because she was raped, does this give the doctor the right to allow the rapist to choose parenthood for the victim?  Does this give politicians the right to refuse treatment for that woman because she was physically abused?  It sure looks like it.

Here's another gem:

[Health and Human Services Secretary Mike] Leavitt has said the regulation was intended to protect workers who object to abortion, but both supporters and critics said the rule remains broad enough to protect pharmacists, doctors, nurses and others who do not wish to dispense birth control pills, Plan B emergency contraceptives and other forms of contraception. While primarily aimed at doctors and nurses, it offers protection to anyone -- including ultrasound technicians, nurses aides, secretaries and even janitors who have any role in the service.

Leavitt said he requested the new regulation after becoming alarmed by reports that health-care workers were being pressured to perform duties they found repugnant. He cited moves by two professional organizations of obstetricians and gynecologists that, he said, might require doctors who object to abortion to refer patients to other physicians who would provide them.

So it wasn't just abortion that Leavitt had a problem with, it was also with women who wanted to prevent unintended pregnancy.  You know, so those women would NEVER NEED AN ABORTION IN THE FIRST PLACE.

Meanwhile, the religious right wants to chime in, too:

"This is a huge victory for religious freedom and the First Amendment," said Tony Perkins of the Family Research Council, a socially conservative group that opposes abortion. "No one should be forced to have an abortion, and no one should be forced to be an abortionist. These regulations will ensure that conscience protection statutes will be strongly enforced by the government in the same manner as our other civil rights laws."

Good GOD.  Does nobody know what the First Amendment actually says?  Again, here is our old friend the Constitution:

Amendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Wait a minute, wasn't this new anti-choice rule established on the grounds that doctors could refuse to provide services which violate their "moral or religious beliefs"?  Isn't that codifying into law a religious doctrine?

Oh, I get it.  We have freedom of religion, wherein the government cannot establish a national religious practice.....but if a woman seeks a medical service that goes against religion, we have to put in a law to stop it.  At least, that's what Tony Perkins and the rest of the fundamentalists would have us believe.

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The Bush Administration's decision to undermine existing laws on women's reproductive rights was justified as protecting a doctor's "rights of consccience."

Let me tell whose conscience needs protecting.  MINE.

My country's Vice President admitted that he helped establish an interrogation that was against the law, and he defended his unlawful actions as though he were protecting our freedom.

My Constitution has been under vicious attack from right-wing, ideological nutjobs whose corrupt lust for power has shattered our country's moral standing.

My conscience tells me something is very, very wrong here.

Forget Rick Warren.  Stand up, fight for the country that was brutally taken away from you, and bring the criminals to justice.


30 Comments

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Yes. Well done. But they will not hire you at the Office of Legal Advisers. At least until after the 24th of January. Good points.

If one team of DA's prosecuted w's administration for every law they have broken over 8 years, it would take a day and a half just to read the charges.

But this is good work. File it away. Refer to it when the investigations come out over the next four years from the New DA's who did not get their degrees from Bobby Jones University.

And thank you for not commenting on Warren. I am sick of it.

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Seriously. I don't like Warren any more than the next guy, but is that really the worst news of the day?

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I cant seem to concentrate today. The Warren issue is a waste of time.

Cheney is a war criminal and he has made admissions that would make a lower office holder an invitee to a grand jury.

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Yes, let's all get a grip!

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I should make a salient point to anyone who would criticize me for the "forget Rick Warren" statement.

Yes, I understand the anger over Rick Warren, it is completely justified. As a straight white male, I don't have the profound, traumatic experience of being demonized for my sexuality as the LGBT community does. In fact, I encourage everyone who IS angry over the Warren pick to vent their frustration.

That said, my visceral, gut reaction after I read about Cheney's admission and the anti-choice order by the Bush Administration was far, far larger than it was when I heard the news about Warren. So I wrote about it.

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Sorry DD for going into the Warren explanation. The reaction is much bigger over at Daily Kos, as I'm sure you know.

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I LOVE this blog SuperBowl!

Don't forget to add Amendment 8 in your list.

Successive courts have interpreted the protection against cruel and unusual punishment to include cruel and unusual treatment: such as knocking prisoners teeth out etc. Basically the State has a constitutional obligation to refrain from physical abusiveness toward persons in its custody in territories of this country or under its control.

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Thanks so much. I can't believe I left out the 8th Amendment. Here it is:

"Amendment 8 - Cruel and Unusual Punishment. Ratified 12/15/1791.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

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After reading the blog again, I feel like I had my first real Keith Olbermann moment :)

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and a good one it was.

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Moveon.org had it's members vote on goals for them to focus on for the next year and we were allowed to choose three. I consider holding this adminstration accountable for its crimes one of the most important things to focus on.

It was a horrible joke to watch GW talk about how no one could debate that he kept america safe!!! From what, who need a terrorist when your own president and his adminstration are willing to rape, pillage, and plunder its own country to serve their own selfish aims. America is an abused country and we need to sort out what we have to take responsibility for and we need to have those who committed crimes against us held accountable. I don't care if Pelosi, Reid, or Obaa 'want' to do this or not. WE must make sure it gets done.

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I've argued that it's unconstitutional that a sitting president and vice president can commit such crimes while letting no judge except history put them to trial. We already saw that once with Nixon. Why shouldn't the law judge them?

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I am just watching Keith Olberman and I guess one of the concerns is that the statute of limitations may run out before action is taken. I suggest that anyone who is a member of moveon.org or other organizations bring this up with them and ask them to take some action right away to let the Obama administration and congress know that this is important to us and we are not asking but demanding action.

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my keyboard is sticking... sorry

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I appreciate the work that went into this blog but think it becomes a slippery slope argument that usually proves false.

American presidents and vice presidents have been violating the constitution six ways from Sunday since the thing was signed. Even for all those violations, we have steadily advanced toward a more free and just union.

We must become engaged as a citizenry before we can expect our leaders to be accountable.

Not allowing people who don't believe in abortions to follow their conscience is abrogating their rights. The percentage of medical professionals who would all of a sudden have attacks of conscience in this context is pathetically small. Likewise the slippery-slope argument that the corner pharmacy would not sell Plan B if available over the counter.

Sure, one or two might not, but the rest are going to make smart business decisions and sell what customers want. But if we are a country that believes in a woman's right to choose, then someone not wanting to participate in something they believe is murder should be just as sacrosanct a right. There will be someone to provide those services, so there is no rational reason to deprive people of their rights in the interests of protecting others that are already protected by law.

We either have equality for all or we have equality for none.

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I appreciate the feedback. I don't know if it's true that the "percentage of medical professionals who would all of a sudden have attacks of conscience in this context is pathetically small" as you claim, but regardless, I think the anti-choice order takes on a dangerous precedent for the following reasons:

1. Even if a particular doctor has no objection to abortion, what if he has an objection to providing treatment for a cocaine addict or a crystal meth addict because drug abuse goes against his moral or religious beliefs? Should he be allowed to refuse to treat the patient?

2. What if the same doctor has an objection to providing treatment to a kid with alcohol poisoning because drinking goes against his religion?

I'm sorry but physicians take on the Hippocratic Oath for a reason: To treat the sick and injured. Their are not beholden to the political whims of a politician's religious objections to abortion or other practices at the expense of a patient's rights.

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As was pointed out on Rachel Maddow tonight (may have been on Countdown but I'm pretty sure it was Rachel), the way the rule is written, a sales clerk at the pharmacy can refuse to ring up your purchase if he/she has a moral objection to the drugs you're buying. And the employer can't fire the clerk for doing it.

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Then the other clerk on duty can fill it. I just think there are bigger issues to take on than the small number of people this rule might affect.

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If a physician doesn't want to perform abortions, they shouldn't be forced to because the procedure is legal. They also shouldn't have to choose a different profession because of that one belief.

I just haven't seen anything that backs up the idea that this is a legitimate potential problem.

It sort of falls along the same lines as Baby Bush and Darth Cheney declaring martial law to keep the election from happening. Why would people think and say and fear that? Well, they violated the Constitution and lied us into war. Why wouldn't they go ten steps beyond that and overthrow the country?

I just think that by "granting" these people the right to object, we open up a dialog to move us past this issue altogether. There is a common sense solution to this issue that can be found if we find a way to be more empathetic, at both ends of the political spectrum.

Ironically enough, empathy is a trait that both sides hold dear. We should be able to build on that.

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There's already a long-standing federal law that prevents institutions from discriminating against individuals who refuse to perform abortions or provide a referral for one. This new rule broadens the definition to include any medical practice which a doctor finds objectionable to his moral or religious convictions. Contraception, birth control, HIV/AIDS treatment, you name it. It's one step the government is taking to undermine medical practice for those who need treatment and those who believe women have the right to choose.

If a woman needs emergency contraception, and her doctor refuses to help her, she may not have the ability to go somewhere else for a variety of reasons (transportation, financial and insurance reasons, etc). And that woman doesn't exactly have a lot of time to resolve the issue.

You know, if a doctor believes that homosexuality is sinful and he has a "conscientious" objection to it, does that make it right for him to refuse to treat a gay man who comes to his clinic? I don't think so, and you may not believe it will be a problem, but that's what this rule helps to ensure.

Since you've written about the need for common solutions, here's something I think we can agree on: The need to prevent unintended pregnancy so abortions don't occur in the first place. The practices I've described above are designed for that purpose. But under this ruling, a doctor can refuse to provide those too.

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I agree with everything you are saying and can certainly see the potential pitfalls.

I guess my question is if the laws already existed, then why do some feel the need to make it more explicate? Were people being discriminated against despite the existing laws? I still find it hard to believe that we will see a rash of worst-case scenarios if the laws already existed since the 1970s and that sort of thing didn't happen already.

That being said, everything you mention is important for us to stay on top of as we see the actual results of the new statutes. We shouldn't make allow new "regulations" to become a way of doing an end-run around other laws or Supreme Court rulings.

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I would like to see a "Statement of Beliefs" from my medical providers BEFORE I am put into a situation with these decisions. I asm not keen on having my spirit hover over a brain dead breathing corpse for years because someone thinks I am alive. If their faith is so great, and God wanted me around, would I not be in that situation in the first place? If God wanted me around, no one could kill me anyway. Unless, of course, these people are suggesting God is weak.

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It may come that, but I suspect that most who hold such strong beliefs wouldn't be joining the medical field to begin with. I don't expect a vegetarian or a vegan to be working at the local butcher.

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Some of us can multi-task. I've been pretty wordy in my opposition to Warren today, but I posted about the change in the health care rule 3 months ago:

http://www.talkingpointsmemo.com/talk/2008/09/not-next-year-were-about-to-lo.php

I haven't tackled Cheney yet because my face turns purple and my head feels like it going to explode when I think about that.

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Yes, I remember reading that piece from Hillary on Huff Po. Maybe I shouldn't be all that shocked and surprised by the order in that context, but it doesn't make me any less angry to have seen them push it through.

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Thanks for this post. I've been having scenes from Margaret Atwood's 'The Handmaids Tale' play through my mind as I read the segments dealing with the First Amendment and the healthcare workers rights vs. the patient's rights vis a vis abortion. As Jason said above, the issue is functionally moot, at present, but one wonders what the situation could play out as in a 10 room hospital in the hinterlands of some right wing nutjob corner of the republic.

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I live in one of those right wing nutjob corners of the republic and that is a very realistic scenario.

As it is, women here have to drive more than 100 miles to get an abortion and I believe (haven't checked this out recently but I think it's true) after they go to the clinic they have to wait 24 hours before they can get an abortion. So they either have to get a room for the night or make the trip twice.

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The order may not be a complete overturning of Roe v. Wade, but make no mistake, it was designed primarily to undermine women's reproductive rights. It's just a small step in the mission to make women vessels for procreation and allowing health care works the right to refuse treating patients, all in the name of moral values.

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I guess I see us becoming a more secular nation with regards to these matters, not less. That said, individual situations should certainly be reviewable, so egregiously affected by the ruling (such as Debbie indicates) has a recourse available to them. We have to be able to find a middle ground that respects individual rights while not holding the rest of us hostage to fringe beliefs.

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In Oregon we have people who let their children die rather then seek any medical care. If oen of them infiltrates a health care provider and then refuses to provide ANY treatment, will they be fired and their employer subject to as discrimination suit?!?

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