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11 Aug

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Two Keys Words in Legislative Writing: Shall & May

August 11, 2009 | By |

Your Business Blogger(R) served a tour of duty in government and quickly learned that the two most important words in looking at a law were:

Shall, and

May

we_the_people.gif May meant, well, nothing. If there is a budget… It’d be nice… You have the option… Whatever. I could ignore it.

And like any time-starved senior manager I was desperate to find anything I could ignore.

But what I couldn’t ignore was that four letter word, “Shall.” (We also couldn’t ignore any campaign promises.)

(In the days before Obama…)

Anyway,

Shall sounded nice. A breezy word; sounding like: shallow or sanguine. Simple.

Not.

***

Yes, those two little words used to dominate my public service life:

May

Shall

Shall or May. In crafting legislation, policy and procedure my two little buddies could dictate or suggest.

Directive or suggestive.

“Shall” was not the first word in a question. ‘Shall’ did not ask, did not seek permission, did not offer options. ‘Shall’ is not squeeshy legalese.

Shall would appear as an ordinary word. But it is not. It is SHALL. It is the Scriptural equivalent of the GREAT I AM.

‘SHALL’ shall not be disobeyed. It meant that the text which follows ‘Shall’ directs that ITS WILL WILL BE DONE.

“Shall” indicated that an action was to be followed. Concrete Action.

‘May’ was a sandy suggestion. An option. An idea whose time may or may not have come.

Whole government departments and the livelihoods of 100′s of thousands of (expensive) bureaucrats hinged on ‘shall’ and ‘may.’

That dreaded word SHALL is back-

Under Obama’s Health Care proposal. Gary Bauer sends this along,

“Obama’s Death Panel”

Sarah Palin is making headlines again, this time by expressing her views on the national debate over healthcare reform. In a Facebook blog entry, Palin wrote, “The America I know and love is not one in which my parents or my baby with Down Syndrome will have to stand in front of Obama’s ‘death panel’ so his bureaucrats can decide, based on a subjective judgment of their ‘level of productivity in society,’ whether they are worthy of health care. Such a system is downright evil.” I think it’s clear where she stands!

Over the weekend, Washington Post columnist Charles Lane explored the legislation at the root of this particularly controversial aspect of healthcare reform — Section 1233 on end-of-life decisions. Here are some excerpts of his column:

“…at least as I read it, Section 1233 is not totally innocuous. …Section 1233, however, addresses compassionate goals in disconcerting proximity to fiscal ones. …If it’s all about obviating suffering, emotional or physical, what’s it doing in a measure to ‘bend the curve’ on health-care costs? “…the [end-of-life] consultations envisioned in Section 1233 aren’t quite ‘purely voluntary,’… Section 1233, however, lets doctors initiate the chat and gives them an incentive — money — to do so. Indeed, that’s an incentive to insist. …

“What’s more, Section 1233 dictates, at some length, the content of the consultation.

The doctor ‘shall’ [SHALL] discuss ‘advanced care planning, including key questions and considerations, important steps, and suggested people to talk to’; … and ‘a list of national and State-specific resources to assist consumers and their families.’

…Who belongs on ‘a list’ of helpful ‘resources’? The Roman Catholic Church? Jack Kevorkian?”

Emphasis mine.

Lotsa power in SHALL. That’s why “Congress shall make no law…” is so popular.

Lotsa liberty lost in SHALL.

Shall will soon dominate all our lives if Obama has his “health care” way.

Follow us on Twitter: @JackYoest and @CharmaineYoest

Can The Government Tell Us How To Live? Yes They Can.

August 4, 2009 | By | No Comments

yoest_army_profile_full_lenght019.jpgA few decades ago I had a boss who demanded that I brush my teeth. Another supervisor from the same organization didn’t like my haircut. Or how my shirt was starched. Another manager monitored my weight.

What organization can make those demands?

A Fortune 500?

FOX Cable News?

No. The US Army. Only the very large government organization could make and enforce these demands.

The Army was providing my (free) dental care and demanded that I sit thru tooth maintenance classes.

The Army was providing my (free) health care and demanded that my weight be within government prescribed limits.

That was the deal: The country would would give me all I needed; I would give all.

There was not much Freedom for the Fighters for Freedom.

Here is the deal of ObamaCare: You will be given all: Obama will take all.

There will not be much freedom.

Your Business Blogger(R) as a Second Lieutenant.

Obama will deny care to the elderly to accommodate the 50 million new people added to the health care system. Who will get in line to demand their “free health care.”

But Obama will limit resources to fulfill this vast increase in demand.

ObamaCare will deny health care to our elderly patients. No hip replacement for mom…

***

Alert Reader Larry C. sends the following,

The following is a brief outline of this bill put together by Mat Staver of the Freedom Foundation and Liberty Counsel (contact info is at the end). The comments by the brief are Mat’s,

Obama Health Care Plan Details

HR 3200 currently under consideration in the House of Representatives

Pg 22 of the HC Bill MANDATES the Govt will audit the books of ALL EMPLOYERS that self insure!!

Pg 30 Sec 123 of HC bill – THERE WILL BE A GOVT COMMITTEE that decides what treatments/benefits you get

Pg 29 lines 4-16 in the HC bill – YOUR HEALTHCARE IS RATIONED!!!

Pg 42 of HC Bill – The Health Choices Commissioner will choose your benefits for you. You have no choice!

Pg 50 Section 152 in HC bill – HC will be provided to ALL non US citizens, illegal or otherwise

Pg 58HC Bill – Gov’t will have real-time access to individual’s finances & a National ID Health care card will be issued!

Pg 59 HC Bill lines 21-24 Govt will have direct access to your banks accts for electronic funds transfer.

Pg 65 Sec 164 is a payoff subsidized plan for retirees and their families in Unions & community orgs (ACORN).

Pg 72 Lines 8-14 Govt is creating an HC Exchange to bring priv HC plans under Govt control.

Pg 84 Sec 203 HC bill – Govt mandates ALL benefit packages for private Health Care plans in the Exchange

Pg 85 Line 7 HC Bill – Specs for of Benefit Levels for Plans = The Govt will ration your Healthcare!

Pg 91 Lines 4-7 HC Bill – Govt mandates linguistic appropriate services.

Example – Translation for illegal aliens.

Pg 95 HC Bill Lines 8-18 The Govt will use groups i.e., ACORN & Americorps to sign up individuals for Govt HC plan

Pg 85 Line 7 HC Bill – Specs of Ben Levels 4 Plans. #AARP members – Your Health Care WILL be rationed

Pg 102 Lines 12-18 HC Bill – Medicaid Eligible Individual will be automat.enrolled in Medicaid. No choice.

Pg 124 lines 24-25 HC No company can sue Govt on price fixing. No “judicial review” against Govt Monopoly.

Pg 127 Lines 1-16 HC Bill – Doctors/ #AMA – The Govt will tell YOU what you can make.

Pg 145 Line 15-17 An Employer MUST auto enroll employees into public opt plan. NO CHOICE

Pg 126 Lines 22-25 Employers MUST pay for HC for part time employees AND their families.

Pg 149 Lines 16-24 ANY Employer w/ payroll 400k & above who does not prov. pub opt. pays 8% tax on all payroll

Pg 150 Lines 9-13 Biz w payroll btw 251k & 400k who doesnt provide public opt pays 2-6% tax on all payroll Pg 167 Lines 18-23 ANY individual who doesnt have acceptable HC according to Govt will be taxed 2.5% of income.

Pg 170 Lines 1-3 Any NONRESIDENT Alien is exempt from individual taxes. (Americans will pay).

Pg 195 Officers & employees of HC Admin (GOVT) will have access to ALL Americans financial and personal records.

Pg 203 Line 14-15 HC – “The tax imposed under this section shall not be treated as tax” Yes, it says that. Pg 239 Line 14-24 HC Bill Govt will reduce physician services for Medicaid. Seniors, low income, poor affected.

Pg 241 Line 6-8 HC Bill – Doctors, it does not matter what specialty you have, you’ll all be paid the same.

Pg 253 Line 10-18 Govt sets value of Dr’s time, prof judg, etc. Literally value of humans.

Pg 265 Sec 1131Govt mandates & controls productivity for private HC industries.

Pg 268 Sec 1141 Fed Govt regulates rental & purchase of power driven wheelchairs.

Pg 272 SEC. 1145. Treatment of certain cancer hospitals – Cancer patients – welcome to rationing!

Page 280 Sec 1151 The Govt will penalize hospitals for what Govt deems preventable readmissions. (Incentives for hospital to not treat and release.)

Pg 298 Lines 9-11 Drs, treat a patient during initial admission that results in a readmission-Govt will penalize you.

Pg 317 L 13-20 PROHIBITION on ownership/investment. Govt tells Drs. what/how much they can own.

Pg 317-318 lines 21-25,1-3 PROHIBITION on expansion- Govt is mandating hospitals cannot expand.

pg 321 2-13 Hospitals have opportunity to apply for exception BUT community input required. Can you say ACORN?!!

Pg335 L 16-25 Pg 336-339 – Govt mandates established of outcome based measures. HC the way they want. Rationing.

Pg 341 Lines 3-9 Govt has authority to disqualify Medicare Advantage Plans (Part B), HMOs, etc. Forcing people into Govt plan.

Pg 354 Sec 1177 – Govt will RESTRICT enrollment of Special needs people!

Pg 379 Sec 1191 Govt creates more bureaucracy – Telehealth Advisory Committee. HC by phone/Internet?

Pg 425 Lines 4-12 Govt mandates Advance [Death] Care Planning Consult. Think Senior Citizens end of life.

Pg 425 Lines 17-19 Govt will instruct & consult regarding living wills, durable powers of atty. Mandatory!

Pg 425 Lines 22-25, 426 Lines 1-3 Gov’t provides approved list of end of life resources, guiding you in death.

Pg 427 Lines 15-24 Govt mandates program for orders for end of life. The Gov’t has a say in how your life ends.

Pg 429 Lines 1-9 An “adv. care planning consult” will be used frequently as patients health deteriorates.

Pg 429 Lines 10-12 “adv. care consultation” may incl an ORDER for end of life plans. AN ORDER from GOV

Pg 429 Lines 13-25 – The govt will specify which Doctors can write an end of life order.

PG 430 Lines 11-15 The Govt will decide what level of treatment you will have at end of life

(NOTE FROM RJ: The above really does give the government the authority to determine who lives and dies, and when. A government bureaucrat really will be making this decision for you and your loved ones.)

Pg 469 – Community Based Home Medical Services=Non profit orgs. Hello, ACORN Medical Svcs here!!?

Pg 472 Lines 14-17 PAYMENT TO COMMUNITY-BASED ORG. 1 monthly payment to a community-based org. Like ACORN?

Pg 489 Sec 1308 The Govt will cover Marriage & Family therapy. They will insert Government into your marriage. Pg 494-498 Govt will cover Mental Health Svcs including defining, creating, rationing those svcs

PG 502 Sec 1181 Center for Comparative Effectiveness Research Established. – Hello Big Brother – Literally.

Pg 503 Lines 13-19 Gov’t will build registries and data networks from YOUR electronic med records.

Pg 503 lines 21-25 Gov’t may secure data directly from any depart or agency of the US including your data.

Pg 504 Lines 6-10 The “Center” will collect data both published & unpublished (that means public & your private info)

PG 506 Lines 19-21 The Center will recommend policies that would allow for public access of data.

PG 518 Lines 21-25 The Commission will have input from HC consumer reps – Can you say unions & ACORN?

PG 524 18-22 Comparative Effectiveness Research Trust Fund set up. More taxes for ALL.

PG 621 Lines 20-25 Gov’t will define what Quality means in HC. Since when does Gov’t know about quality?

Pg 622 Lines 2-9 To pay for the Quality Standards, Govt will transfer $$ from to other Govt Trust Funds. More Taxes.

PG 624 “Quality” measures shall be designed to assess outcomes & functional status of patients.

PG 624 “Quality” measures shall be designed to profile you including race, age, gender, place of residence, etc

Pg 628 Sec 1443 Gov’t will give “Multi-Stake Holders” Pre-Rule Making input into Selection of “Quality” Measures.

Pg 630 9-24/631 1-9 Those Multi-stake holder groups incl. Unions & groups like ACORN deciding HC quality.

Pg 632 Lines 14-25 The Gov’t may implement any “Quality measure” of HC Services as they see fit.

PG 633 14-25/ 634 1-9 The Secretary may issue non-endorsed “Quality Measures” for Physician Services & Dialysis Services.

Pg 635 to 653 Physicians Payments Sunshine Provision – Gov’t wants to shine sunlight on Docs but not Govt.

Pg 654-659 Public Reporting on Health Care-Associated Infections – Looks okay.

PG 660-671 Doctors in Residency – Gov’t will tell you where your residency will be, thus where you’ll live.

Pg 676-686 Gov’t will regulate hospitals in EVERY aspect of residency programs, incl. teaching hospitals.

Pg 686-700 Increased Funding to Fight Waste, Fraud, and Abuse. You mean like the Gov’t with an $18 million website?

PGs 701-704 Sec 1619 If your part of HC plan isn’t in Gov’t HC Exchange but you qualify for Fed aid, no payment.

PG 705-709 SEC. 1128 If Secr gets complaints (ACORN) on HC provider or supplier, Gov’t can do background check.

PG 711 Lines 8-14 The Secretary has broad powers to deny HC providers/ suppliers admittance into HC Exchange. Your doctor could be thrown out of business.

Pg 719-720 Sec 1637 ANY Doctor who orders durable med equip or home med services MUST be enrolled in Medicare.

PG 722 Sec 1639 Gov’t MANDATES Doctors must have face to face with patient to certify patient for Home Health Svcs.

PG 724 23-25 PG 725 1-5 The same Gov’t certifications will apply to Medicaid & CHIP (your kids)

PG 724 Lines 16-22 Gov’t reserves rt to apply face to face certification for patient to ANY other HC service.

Pg 735 lines 16-25 For law enforce. proposes the Secretary-HHS will give Atty General access to ALL data.

PG 740-757 Gov’t sets guidelines for subsidizing the uninsured (Thats your tax dollars people)

Pg 757-762 Fed gov’t will shift burden of payments to Disproportionate Share Hospitals (DSH) to States. (Taxes)

Pg 763 1-8 No DS/EA hospitals will be paid unless they provide services without regard to national origin

Pg 765 Sec 1711 Gov’t will require Preventative Services including vaccines. (Choice?)

Pg 768 Sec 1713 Gov’t – Nurse Home Visitation Svcs (Hello union paybacks)

Pg 769 11-14 Nurse Home Visit Svcs include-economic self-sufficiency, employ adv, school-readiness.

Pg 769 3-5 Nurse Home Visit Services – “increasing birth intervals between pregnancies.” Govt ABORTIONS anyone

Pg 770 SEC 1714 Fed Gov’t mandates eligibility for State Family Planning Services. Abortion & State Sovereign.

Pg 789-797 Gov’t will set, mandate drug prices, controlling which drugs brought to market. Bye innovation.

Pgs 797-800 SEC. 1744 PAYMENTS for graduate medical education. The government will now control Drs’ education.

PG 801 Sec 1751 The Govt will decide which Health care conditions will be paid. Say RATION!

Pg 810 SEC. 1759. Billing Agents, clearinghouses, etc req. to register. Gov’t takes over private payment sys.

Pg 820-824 Sec 1801 Govt will identify individ. ineligible for subsidies. Will access all personal financial information.

Pg 824-829 SEC. 1802. Govt Sets up Comparative Effectiveness Research= Trust Fund. Another tax black hole.

PG 829-833 Gov’t will impose a fee on ALL private health ins. plans incl. self insured to pay for Trust Fund!

PG 835 11-13 fees imposed by Gov’t for Trust Fund shall be treated as if they were taxes.

Pg 838-840 Gov’t will design & implement Home Visitation Program for families with young kids & families expect kids.

PG 844-845 This Home Visitation Prog. includes Gov’t coming into your house & telling you how to parent!!!

Pg 859 Gov’t will establish a Public Health Fund at a cost of $88,800,000,000. Yes that’s Billion.

Pg 865 The Gov’t will MANDATE the establishment of a National Health Service Corps.

PG 865 to 876 The NHS Corps is a program where Drs. perform mandatory HC for 2yrs for part loan repayment.

PG 876-892 The govt takes over the education of our Med students and Drs.

PG 898 The Govt will establish a Public Health Workforce Corps to ensure supply of public health prof.

PG 898 The Public health workforce corps shall consist of civilian employees of the U.S. as Secretary deems.

PG 898 The Public health workforce corps shall consist of officers of Regular & Reserve Corps of Service.

PG 900 The Public Health Workforce Corps includes veterinarians.

PG 901 The Public Health Workforce Corps WILL include commissioned Regular & Reserve Officers. HC Draft?

PG 910 The Govt will develop, build & run Public Health Training Centers.

PG 913-914 Govt starts a HC affirmative action program thru guise of diversity scholarships.

PG 915 SEC. 2251. Govt MANDDATES Cultural & linguistic competency training for HC professionals.

Pg 932 The Govt will estab Preventative & Wellness Trust fund- initial cost of $30,800,000,000-Billion.

PG 935 21-22 Govt will identify specific goals & objectives for prevention & wellness activities. Control YOU!!

PG 936 Govt will develop “Healthy People & National Public Health Perform. Standards” Tell me what to eat?

PG 942 Lines 22-25 More Gov’t? Offices of Surgeon General -Public Health Svc, Minority Health, Women’s Health

PG 950- 980 BIG GOV’T core pub health infrastructure including workforce capacity, lab systems; health info sys, etc

PG 993 Gov’t will establish school based health clinics. Your kids won’t have a chance.

PG 994 School Based Health Clinic will be integrated into the school environment. Say GOVT Brainwash!

PG 1001 The Govt will establish a National Medical Device Registry. Will you be tracked?

Mathew D. Staver

Founder and Chairman Dean and Professor of Law

Liberty Counsel Liberty University School of Law

Offices in Florida, Virginia and the District of Columbia, Lynchburg, Virginia

www.LC.org

www.law.liberty.edu

Licensed in Florida and the District of Columbia

Take Action Now.www.stoptheabortionmandate.org

Be sure to follow us on Twitter: @JackYoest and @CharmaineYoest

Foundations of the American Presidency: From Character to Charisma… and Cherry Trees to Big Macs

July 29, 2009 | By | No Comments

A paper delivered by Charmaine at UVA in 1997.

Foundations of the American Presidency: From Character to Charisma… and Cherry Trees to Big Macs,

“The pious ruler is by far the most likely to promote the public good.”

Phillips Payson,

Minister and Revolutionary soldier

Boston, 1778(1)

Introduction: The Question of Character

On the 50th anniversary of Meet The Press, moderator Tim Russert told his special guest, President Bill Clinton, about an NBC poll that had asked “What is the image you have of Bill Clinton?”

Forty-two of the respondents replied “playing the saxophone;” six percent replied “eating at McDonald’s.” The President laughed. “It’s funny,” he replied. “And I haven’t eaten at McDonald’s a single time since I’ve been president.”(2)

Presidency-watchers sprang into action and produced photographs of President Clinton leaving McDonald’s, Big Mac in bag, on several occasions.

The following week, Russert brought up the discrepancy. Russert, obviously amused, commented that the President’s spokesperson had explained that President Clinton meant he hadn’t eaten AT a McDonald’s in the last six years.

Russert’s colleague, Lisa Myers queried, laughing, “Does this mean that when I get fires at the drive-thru, they don’t count?” Russert turned to his guest, radio talk show host, Rush Limbaugh and asked his opinion.

Limbaugh replied that he wondered how we could believe the President when he talks about Iraq if we can’t believe what he says about Big Macs. The two venerable members of the Fourth Estate, Russert and Myers, just kept laughing.(3)

This incident illustrates Clinton’s tendency to take liberties with the truth. No one, with the possible exception of Ray Kroc’s heirs, really cares whether or not the President eats at McDonald’s.

The episode, therefore, is significant only insofar as it gives us any insight into the President himself, his character.

It provides an occasion to ask: Does honesty in the chief executive, as an element of his character, matter?

Russert and Myers answered by laughing.

***

Continue reading at the jump.

Read More

Happy 4th of July from Americans United for Life: Keeping the Founding Fathers’ Legacy Alive

July 1, 2009 | By | No Comments

Charmaine sends this out to the AUL good-guy list,

dude_pitching_14_yorktown_high_school_2009.jpgIt’s nearly Independence Day, and, here in the Yoest household, that means a road trip!

Friday afternoon, Jack and I are filling up our black Suburban and taking our ‘Penta-posse’ — our five kids — to Charlottesville, VA, for our 14-year-old son John’s all-star baseball tournament. How wonderful to spend July 4th in a city steeped in American history near the University of Virginia (my alma mater!), which was founded by Thomas Jefferson just a few miles from his Monticello home.

John Yoest, age 14

[Pitched a no hitter on his JV team -- as an 8th grader]

Photo Credit: Hannah Yoest

But although the calendar — and the heat index — says it’s July 4, in my heart it feels like late November.

Independence Day has always been a kind of early Thanksgiving for me. I think about the sacrifices made by the Founding Fathers and their families, and of the blood shed by patriots so that America could be free, and I am so very thankful to be able to raise my children in the greatest country in the world.

The Founders wrote in the Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

In naming three inalienable rights as endowed by humanity’s Creator, the Declaration’s authors were recognizing something unique and beautiful about being human. Taken together, those rights enable all the goods necessary for human flourishing.

More than that, the order in which the Founders listed the rights carries special meaning; it reveals the way one right flows from another. The right to liberty — the freedom to thrive — flows from the right to life, and from that liberty flows the ability to seek the happiness that will give one’s life meaning and purpose.

I’m so honored to be working with the AUL team to further the understanding that the right to life enshrined in our Declaration extends to all humanity and includes the unborn.

yoest_family_DC_2009_dreamers_sweet_16_party.jpg

The right to life is the foundation of all the freedoms we enjoy as Americans. This is what we must teach our children on this family holiday, so that they and their children and their children’s children may continue to live in a free country long after you and I have left this world.

Jack, Helena, Hannah, Charmaine, John, James, and Sarah at Hannah’s recent

Sweet Sixteen celebration.

My friend and AUL colleague Bob told me today about a wonderful Fourth of July tradition in his family. Every year, he and his wife host a barbecue that is highlighted by having one of the children present, usually his own daughter, read out loud the entire Declaration of Independence.

Jack and I like that idea so much that we are adopting this as a Yoest family tradition. I think we’ll have Helena, our 12-year-old who has a dramatic flair, read the Declaration of Independence before we watch the fireworks after John’s baseball game. If you’d like join us in that tradition, click here for a printable copy of the Declaration.

Wishing you and your family a happy and healthy Fourth,

charmaine_signature.jpg

Charmaine, and the Yoest family

P.S. On Monday, the AUL team will be back at the job of defending the right to life, all the way up to the U.S. Supreme Court. For the latest news on President Obama’s high-court nominee, visit Sotomayor411.com. It’s a one-stop resource we’ve created to share in-depth background and analysis from our legal team on Judge Sotomayor, including detailed information on why she is worse on life issues than retiring Justice David Souter.


Join Fight FOCA

###

Thank you (foot)notes:

Follow us on Twitter.

Pro-Abortion Hispanic Group: Sotomayor Set Policy, Not Involved in Legal Briefs, by Steven Ertelt, LifeNews.com Editor, July 1, 2009,

“Although the Senate will have a significant amount of materials to wade through, Charmaine Yoest, the president of Americans United for Life, has seen enough to say Sotomayor is pro-abortion and worse than Justice David Souter, whom she would replace.

Yoest points out that, during Sotomayor’s time on the PRLDEF’s board, its efforts “included no less than six briefs in five abortion-related cases before the Supreme Court — pushing aggressively for an interpretation of abortion rights that would eliminate most or all state and federal abortion regulations while requiring state and federal funding of abortion.”

In two of the legal briefs, “the PRLDEF’s briefs took positions more extreme than those of Justice Souter, who joined with the court’s majority to uphold restrictions the fund wanted struck down,” Yoest added.

Ultimately, “Justice Sotomayor has never disavowed any of the PRLDEF’s briefs, which are packed with the kind of extreme rhetoric more typical of left-wing blogs than of serious legal documents.” ”

U.S. appeals court upholds Virginia’s ban on partial-birth abortion, By Catholic News Service

RICHMOND, Va. – Virginia’s ban on partial-birth abortion is constitutional, the 4th U.S. Circuit Court of Appeals ruled in a 6-5 decision June 24.

“The head of Americans United for Life, which filed a friend-of-the-court brief in the case and assisted the state with the litigation, said the “ban protects not only the unborn, but also the health and welfare of women.”

“We are thrilled that the 4th Circuit followed clear U.S. Supreme Court precedent and upheld Virginia’s ban on partial-birth abortion – which is more accurately called partial-birth infanticide,” said Charmaine Yoest, president and CEO.

“It is a law that the vast majority of Americans are justified in supporting,” she said. Opponents of the ban are expected to ask the U.S. Supreme Court to review the appellate court’s decision.

The 2003 Virginia law makes it a felony to perform a partial-birth abortion, but it never went into effect because its constitutionality was challenged by a Richmond doctor who said the procedure can be necessary to protect the life of the mother. He also said the ban could prevent doctors from performing legal procedures for fear they would be prosecuted. ”

From PA Pundits – International

“the relentless pursuit of common sense” – A Variety of Opinions From Various Writers -

“Only the pro-life group Americans United for Life has made a significant campaign against Sotomayor’s ascension to the high court, calling her record on abortion rights “worse than [current Justice David] Souter’s.” Still, the fight should pick up once Sotomayor’s confirmation hearings begin July 13.”

Americans United for Life Launches New Website: Sotomayor411.com

June 12, 2009 | By | No Comments

Most people know very little about Supreme Court nominee Sotomayor. Americans United for Life will be alerting the public about the Pro-Abortion-Choice affinities of Sotomayor and the abortion agenda of president Obama.

AUL has published a new website www.Sotomayor411.com.

Sotomayor411.com

Click on the banner for outstanding research and analysis to learn about Sotomayor’s judicial activism and the personnel policies of president Obama.

Alert Readers know that Charmaine served in presidential personnel in the (real) West Wing of the White House in the Ronald Reagan Administration. The direction from The Gipper was to hire carefully. Personnel is Policy.

President Obama shares more that oratorical elegance with Reagan. Obama also knows that Personnel is Policy.

Sotomayor is the personification of Obama’s abortion policy.

###

Follow us on Twitter: jackyoest and charmaineyoest

The Washington Times Gets It Right: Sotomayor’s Abortion Ties

June 10, 2009 | By | No Comments

The Editorial page writer at The Washington Times has done some valuable research that will advance the debate on Sotomayor. The nominee is not Pro-Life.

EDITORIAL: Sotomayor’s abortion ties, Don’t believe disinformation that she’s pro-life

The most basic evidence of the judge’s support for Roe comes in the triple combination of White House assurances to that effect, of pro-choice senators declaring after meeting with her that they are sure she agrees with them, and of her entire jurisprudential approach of broadly construing anything characterized as “women’s rights.”

Other evidence is more direct. Consider that from 1980 until October 1992, Judge Sotomayor served on the board — at times as vice president and at times as chairman of the litigation committee — of the Puerto Rican Legal Defense and Education Fund. The New York Times in 1992 described her as “a top policy maker on the board.” During that time period, the fund filed briefs in not one, not two, but at least six prominent court cases in strong support of “abortion rights.”

***


Join Fight FOCARead the entire article here.

Obama will introduce the tenets of the Freedom of Choice Act (FOCA) either by law or stealth and certainly through liberal, activist judges. Sign the Fight FOCA petition at Americans United for Life.

###

Thank you (foot)notes:

Read Sotomayor: Who Sleeps Better at Night, AUL or NARAL?

Follow Jack and Charmaine on Twitter: @jackyoest and @charmaineyoest

More Media on the Killing of Tiller, Reaction from Americans United for Life

June 3, 2009 | By | No Comments

Be sure to get Charrmaine’s media updates on Twitter from Your Business Blogger(R) and @charmaineyoest

Pro-life leaders, groups condemn murder of Kansas abortion doctor, By Chaz Muth at the Catholic News Service reports,

WASHINGTON – Pro-life advocates universally condemned the May 31 murder of a Kansas abortion doctor, with officials from several U.S. right-to-life groups saying such extreme acts only hurt the pro-life cause.

“We condemn this lawless act of violence,” said Charmaine Yoest, president of the Americans United for Life. “The foundational right to life that our work is dedicated to extends to everyone. Whoever is responsible for this reprehensible violence must be brought to justice under the law.”

Dr. George Tiller, 67, of Wichita, Kan., was fatally shot while serving as an usher at the city’s Formation Lutheran Church during morning services, according to The Associated Press

David Brody at CBN reports, Randall Terry Is Not Spokesman for Pro-Life Movement,

Let’s start with a reality check. Randall Terry does not speak for the broader pro-life movement. It’s important to note that just because Randall Terry from Operation Rescue speaks out forcefully againt abortion doctor George Tiller that does not mean his sentiment is shared among mainstream pro-life groups.

You don’t need to believe me. Just compare Operation Rescue’s website with Concerned Women for America or Americans United for Life and on and on. The sanctity of life message is the underlying theme but the tactics and language are different. Much different.

Colleen Raezler at NewsBusters reports

Media: Tiller a Martyr, Abortion Not Killing and Pro-Lifers are Crazy

Tiller as Abortion Rights Martyr

Broadcast networks painted Tiller as a man willing to die in defense of women’s rights.

All of the broadcast coverage noted past attempts people have made to disrupt Tiller’s work – a bombing of his clinic in the 1980s and a 1993 attack in which he was shot in both arms – which, while pertinent to the story, also increased the aura of martyrdom that now surrounds him.

Statements from major pro-life organizations revealed a different story: that the pro-life community truly views all loss of human life as a tragedy.

Charmaine Yoest, president and CEO of Americans United for Life, said “The foundational right to life that our work is dedicated to extends to everyone.”

Opposing Views has Murder Not Justified, Pro-Life Leaders Say, By Baptist Press , News With a Christian Perspective

Among those issuing statements condemning the killing were representatives of the Southern Baptist Ethics & Religious Liberty Commission, National Right to Life Committee, Americans United for Life, Family Research Council, Focus on the Family, Concerned Women for America, Care Net, Susan B. Anthony List, U.S. Conference of Catholic Bishops, American Life League, Operation Rescue, Christian Defense Coalition, 40 Days for Life, Stand True, Priests for Life and Pro-life Action League.


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Thank you (foot)notes:

Follow Jack and Charmaine on Twitter, @jackyoest and @charmaineyoest

Americans United for Life Ready for the Obama Supreme Court Nominee

May 20, 2009 | By | No Comments

AUL will be conducting a press conference tomorrow, Thursday. It’s going to be good.

Americans United for Life has released a review of the potential Supreme Court Nominees.

The concern of AUL, the country’s oldest Pro-Life public interest law firm, is that nominees might be “empathetic” to petitioners to the Supreme Court — rather than honoring the Justices’ oath to “preserve, protect and defend the Constitution.”

Your Business Blogger(R) served as an Armored Cavalry Officer and at commissioning — becoming an officer and gentleman — also took an oath to “preserve, protect and defend the Constitution.” The oath of commissioned military officers is to the document not to the president — to a piece of paper, not to a person.

(It quite literally took an act of Congress to make Your Business Blogger (R) a gentleman…)

None of Obama’s short list of nominees seem to understand this distinction on the job of a Supreme Court Justice: To be faithful to the Constitution and NOT to show “empathy” to any person or case before the Court.


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Thank you (foot)notes:

Get on Twitter and follow Jack and Charmaine, @JackYoest @CharmaineYoest

Read America’s Unsettled Conscience on Abortion.

Visit Ultrasound Technology, Laws Credited for Pro-life Shift.

Lots of Links and good writing at Roundup: Obama Starts Conversations with Potential Supreme Court Picks.

Ultrasound technology and laws credited for pro-life shift, quotes Charmaine; always a good idea…

DEACON FOR LIFE

Read how numbers can be presented, Slight Majority Of U.S. Residents Call Themselves ‘Pro-life;’ 76% Say Abortion Should Be Legal, Poll Shows.

Conservatives, Interest Groups Gear Up for SCotUS Battle

New Gallup Poll Says Majority of Americans are Pro-Life, By Focus on the Family

Saint Luke, “Inasmuch as many have undertaken to compile a narrative…”, Life and the Supreme Court

The Oath of office

Media Alert: Charmaine Quoted In LA Times 51% identify as ‘pro-life’ in U.S. Why The Change?

May 16, 2009 | By | No Comments

The household of Your Business Blogger(R) has been involved in a number of studies — commissioning statistical polling.

A number of years ago, Charmaine’s dissertation centered on data gathered with a $230,000 budget. To pass academic peer-reviewed scrutiny, she was most careful in ‘framing questions’ to get unbiased responses. And she had an expert team study the study so that all the actors involved in the questioning understood the questions.

The Little Woman knows statistical sampling and polling pit-falls.

It was of great interest to learn about the new Gallup poll showing a move of America from Pro-Choice to Pro-Life. Reporters began calling.

Charmaine did an outstanding interview with the LA Times reporter, Robin Abcarian, who was engaging and fair. (I know this ’cause I was driving while they talked on the phone…) The interview follows later.

I wanted to know more on the cause of the dramatic shift to America’s current Pro-Life self-identification. So I asked Charmaine, Why such a big change?

This passes for pillow talk in our house…

She says that America has always been Pro-Life and there are four reasons for the poll shift:

Reframing Pro-Choice,
Obama Backlash,
Advances in Technology,
Financial Independence

Reframing Pro-Choice

How polling questions are framed can prompt a particular answer. But this was not the challenge of Gallup: They have asked the same question for years. The issue may well be the question itself. It seems that the public is beginning to understand when an abortion occurs — in which trimester — is important to being Are you Pro-Life or Pro-Choice in this black and white question. No shade of gray.

So. If a Pro-Choicer recoils at partial birth abortion, as do all normal humans, can she still be Pro-Choice? The question (and Cecile Richards at Planned Parenthood) does not allow this.

Or, more likely, if the Pro-Choicer is confused about any abortion after viability, is she no longer Pro-Choice? Maybe. If I am not Pro-Choice, then I am Pro-Life.

Charmaine’s work reminds us that most Americans have always been Pro-life. But only now have the extremists of the Pro-Choicer agenda — of abortion on demand — pushed the public out of the comfortable gray area — the mushy middle — into a stark admission: I am not a part of any group who holds for partial birth abortion.

The public perception — the shifting of the frame of the question — changed.

It was: Yes, I am Pro-Choice because a woman can abort her baby in the first trimester.

It is: No, I am not Pro-Choice because there is no reason to abort in the third trimester.

The shift was not in the framing of the question but in the understanding of when the abortion was taking place during the pregnancy.

This demonstrates that the incremental strategy of changing law state-by-state in universal, common-sense regulation is what all Americans want. The incremental strategy of Americans United for Life is working.

Obama Backlash

This is why Planned Parenthood was so insistent that Candidate Obama push and pass The Freedom of Choice Act or FOCA. This law would kill all incremental controls passed by local lawmakers on abortion. The public is not happy with the extremism of the current Executive Order allowing Federal funding for abortions overseas. Americans don’t want to pay for abortions in any country.

Americans do not want to pay for any abortion bailout.

President Obama has installed radical pro-abortion political appointees to implement Planned Parenthood’s abortion on demand agenda — abortion at any place; at any time; for any reason; at taxpayer expense. People don’t like this. This makes self-identification as Pro-Choice unpalatable.

The Obama Backlash began when Jill Stanek documented his position against Infants Born Alive. What politician dare be against legislation protecting infants born alive?

Advances in Technology

Four Dimension Sonogram — where the mother can watch her baby move about in real time. 85% of women who see the sonogram do not go through with a planned abortion — which is why Planned Parenthood doesn’t care for the science of the sonogram: It kills profits.

Babies can now survive at very young stages. Years ago Your Business Blogger(R) worked with aggressive technologies to help neonates with underdeveloped lungs to ‘breathe’ and to live. The public understands the new survival rates and is beginning to understand the illogical of aborting a child who could, today, survive outside the womb, where, a few years ago, could not.

Financial Independence

Most legal scholars — even Obama short-listers — agree that Roe v Wade was poorly reasoned and poorly decided. Even back then, the Justices cited a compelling state interest against third trimester abortions.

But recent Supreme Court cases have shifted from the healthy viability of the baby to the financial viability of the mother, a “reliance interest.” The Court has now ruled that abortion is necessary so that women can break the glass ceiling.

And this is why liberals are so unhappy with Sarah Palin: She could have lotsa babies and still be a governor. Palin proves that financial success is compatible with motherhood (X 5).

(No, it is not easy. Do not just drop by our house unless you want to help do laundry…)

51% identify as ‘pro-life’ in U.S. It’s the first time the Gallup Poll finds ‘pro-choice’ outweighed — at 42% — and a near-reversal of last year’s figures, By Robin Abcarian,May 16, 2009

At a time when President Obama is trying to convince opponents in the abortion battle that they can find middle ground — in rhetoric, if not reality — a new Gallup Poll shows that more Americans describe themselves as “pro-life” than “pro-choice.”

For the first time since it began asking the question in 1995, Gallup reported Friday, a majority of adults questioned for its annual survey on values and beliefs — 51% — said that when it comes to abortion, they consider themselves “pro-life”; 42% consider themselves “pro-choice.” (The margin of sampling error is plus or minus 3 percentage points.)

…antiabortion activists think they have more than the new poll on their side. “This isn’t new,” said Charmaine Yoest, president of Americans United for Life. “It tracks pretty much with what we’ve always known: People generally are pro-life depending on how you ask the question.”

But Yoest said abortion foes were not placated. “There has been such an avalanche of pro-abortion activity that it’s jaw-dropping. It’s not just that his rhetoric doesn’t square with reality; the gap is Grand Canyon-size. I think this administration has fundamentally miscalculated how out of step they are with the American people.”

robin.abcarian@latimes.com


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Thank you (foot)notes:

From the Gallup organization,

May 15, 2009, More Americans “Pro-Life” Than “Pro-Choice” for First Time

Also, fewer think abortion should be legal “under any circumstances,” by Lydia Saad

PRINCETON, NJ — A new Gallup Poll, conducted May 7-10, finds 51% of Americans calling themselves “pro-life” on the issue of abortion and 42% “pro-choice.” This is the first time a majority of U.S. adults have identified themselves as pro-life since Gallup began asking this question in 1995.

Follow us on Twitter: @JackYoest @CharmaineYoest

USS Scorpion Lost: A Remembrance 2009

May 16, 2009 | By | No Comments

Each year in May Your Business Blogger(R) remembers the Cold War loss of submarine Scorpion. We are so lucky to have such brave men. And their families.

Our prayer is that our current Commander-in-Chief would know the culture of our warriors.

submarine_service_poster.jpg

In Remembrance of

those in the

Submarine Service Some 40 Years ago the USS Scorpion was due in my hometown, Norfolk, VA. She never returned.

She is, as the veterans say, on Eternal Patrol.

***

Your Business Blogger(R) wrote an article for National Review Online about those left behind from the loss of the USS Scorpion.

Five Days in May: The loss of the USS Scorpion.

By Jack Yoest

Yolanda Mazzuchi was about the prettiest girl in our school class. Our dads were in the Navy, often gone for months at a time. And they would be welcomed home at dockside with cheers and homemade signs. These gatherings at the D&S Piers at the Naval Base in Norfolk, Virginia, were a regular part of our lives growing up. Families often took children out of school to celebrate a ship’s homecoming.

At 1 in the afternoon on Monday, May 27, 1968, at the height of the Cold War the USS Scorpion was due in port.

Yolanda didn’t know it then, but her dad was already dead….

Continue reading here.

John Howland at USNA-AT-LARGE has set up a group for the boat,

Dedicated to and in honor of the 99 U.S. Navy submariners who perished in the loss of SCORPION in May 1968. The 40th Anniversary of that tragedy …[is] (May 2008), yet the cause(s) of the loss remain a complete mystery.

scorpion_40_years_eternal_patrol.jpg

USS Scorpion

40 Years on Eternal Patrol

This lack of clarity and closure has created a void into which charlatans now have full play in creating bogus theories for profit.

This unsatisfactory situation may result in the SCORPION 99 going into history forever at the mercy of the unscrupulous.

The solution that this group will work toward will be to encourage the U.S. Navy to, at the very least, put to rest the loss scenarios which have MINIMAL TO NO PROBABILITY of having actually occurred.

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Thank you (foot)notes:

Follow Jack and Charmaine on Twitter: @JackYoest and @CharmaineYoest

More from BubbleHead.

And read about the Loss of the Bonefish.

Your Business Blogger(R) of Management Training of DC, LLC, is a licensed agent for the William Oncken Corporation, presenters of Managing Management Time(TM) fondly known as Monkey Management.

Remember Me at the jump.

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