A federal judge on Tuesday threw out a lawsuit claiming that President Barack Obama's requirement that all Americans have health insurance violates the religious freedom of those who rely on God to protect them.U.S. District Judge Gladys Kessler in Washington dismissed a lawsuit filed by the American Center for Law and Justice, a Christian legal group founded by evangelist Pat Robertson, on behalf of five Americans who can afford health insurance but have chosen for years not to buy it. The case was one of several lawsuits filed against Obama's requirement that Americans either buy health insurance or pay a penalty, beginning in 2014. Kessler is the third Democratic-appointed judge to dismiss a challenge, while two Republican-appointed judges have ruled part or all of the law unconstitutional. Kessler wrote that the Supreme Court will need to settle the constitutional issueThree of the plaintiffs – Margaret Peggy Lee Mead of Hillsborough, N.C., Charles Edward Lee of San Antonio and Susan Seven-Sky of West Harrison, N.Y. – are Christians who said they want to refuse all medical services for the rest of their lives because they believe God will heal their afflictions. They say being forced to buy insurance would conflict with their faith because they believe doing so would indicate they need "a backup plan and (are) not really sure whether God will, in fact, provide," the lawsuit said.The two other plaintiffs – Kenneth Ruffo of San Antonio and Gina Rodriguez of Plano, Texas – have a holistic approach to medical care and prefer to pay for their health services out of pocket, in part because insurance often doesn't cover their chosen methods of healing.
The lawsuit argued that Congress does not have the power under the Constitution to require health care purchases and that the mandate violates the Religious Freedom Restoration Act of 1993.Kessler rejected both arguments and ruled that Congress has the right to regulate health care spending under the Commerce Clause and that the individual mandate must be viewed not as a stand-alone reform but as an essential part of the law Obama signed 11 months ago aimed at reducing overall costs. She also said that anyone who objects to having health care for religious reasons can choose to pay the penalty instead – as the lawsuit said all five plaintiffs plan to do.Kessler also expressed doubts that they can really determine whether they will never require health care. "Individuals like plaintiffs who allege now that they will refuse medical services in the future may well find their way into the health care market when they face the reality of illness or injury," she wrote.Judges George Steeh of Michigan and Norman Moon of Virginia – like Kessler, they were nominated to the federal bench by President Bill Clinton – dismissed suits against the individual mandate last fall. George W. Bush-appointed Henry Hudson in Virginia ruled the insurance purchase requirement unconstitutional in December, while Ronald Reagan appointee Roger Vinson in Florida ruled the entire health care reform act unconstitutional last month.The Justice Department, which has been defending the law in court, noted that the law has now been upheld more times than not."We welcome this ruling, which marks the third time a court has reviewed the Affordable Care Act on the merits and upheld it as constitutional," said spokeswoman Tracy Schmaler. "This court found – as two others have previously – that the minimum coverage provision of the statute was a reasonable measure for Congress to take in reforming our health care system."Can there be any doubt that the so-called ‘Male Y’ DNA that Prime Minister Najib Razak's prosecutors and their expert witnesses are so eager to emphasize will turn out to be Opposition Leader Anwar Ibrahim’s?So far, 5 DNA profiles from 5 different males have been found on complainant Saiful Bukhari Azlan’s anus and pants.Since Monday, senior government DNA expert Dr Seah Lay Hong has failed to give satisfactory answers to the barrage questions raised by Anwar’s lawyers.At the most intense moments, she could only gulp for air when asked why she recorded in her report the discovery of semen belonging only to Saiful and 'MaleY', but left out three other unidentified DNA profiles. All five profiles were shown in the print-out taken from the DNA analysis machine but she only noted two.Is there really any mystery in 'Male Y'
However, despite her credibility being shaken, during cross-examination by the prosecution she was given the opportunity to rearrange her ruffled testimony. She rounded off by reiterating that the predominant semen found on Saiful's lower anus was that of ‘Male Y’.That single-minded focus on Male ‘Y’ was continued by her colleague in the Chemistry department, Nor Aidora Saedon, on Wednesday afternoon.Aidora found DNA samples on a toothbrush, towel and bottle that matched Male Y. “DNA profiles of towel, bottle and toothbrush matched each other, indicating same source,” she told the court.Two strands of hair were also found but attempts at producing a DNA profile proved unsuccessful.Aidora also told the court she was given the samples for testing by one DSP Jude Pereira, a senior policeofficer who has been accused of being part of the conspiracy to 'nail' Anwar."We would not be surprised at all if the prosecution insisted 'Male Y' was Anwar. If they didn't, they would have no case against him," senior PKR leader and Subang MP Sivarasa Rasiah told Malaysia Chronicleon Wednesday.
Getting Anwar's DNA
And framing Anwar with use of planted DNA is a cinch.
PKR leaders such as Sivarasa have long ago warned of this - from way back in 2008, when Anwar was unncessarily detained overnight prior to being charged for the sodomy.
“Datuk Seri Anwar turned down both the requests. No DNA sample was taken Wednesday night," Bernama had reported Siva as saying on July 17, 2008. He was at the Kuala Lumpur Police Contingent Headquarters after having accompanied Anwar there.
According to Siva then, the moment Anwar was released a specialist team was immediately despatched to make a sweep of the prison cell to catch as much as they could from the Opposition Leader.
Siva does not discount the possibility that the police team may have grabbed the bottle of water Anwar drank from in the cell or the hair droppings he left behind on the floor.
"DNA evidence is actually quite easy to fabricate and this why most international courts do not accept it fully. In our case, the Najib administration has bungled and botched up their own testimony. Even a basic cross-examination can draw out so much 'new' and interesting information from the government scientist Dr Seah. There are also too many discrepancies in her report, leading us to the inference that it may have been doctored," Siva said today.
Bringing the corrupt to justice
There is also the DNA that Anwar left behind from his years in jail from 1998 to 2004. But using old DNA can be detectable.
Even so, Prime Minister Najib Razak may still have an ace or two up his sleeve and all eyes are on what will next be revealed.
“Put it this way, Anwar had alibi and yet, Najib can still bring him to court even though the trial comes at the expense of investments into the country and tarnishes our image. His fear of Anwar knows no bounds. It can be the most ridiculous factor or reason but you can be sure Umno and Najib will still try it out and push it through even if the world laughs at them. They just won't care,” PKR vice president Tian Chua told Malaysia Chronicle.
To most Malaysians, the reasons for this doggedness is obvious. If Anwar and Pakatan comes to power, Najib and Umno cronies will have to pay for their misdeeds and account to the public for their corruption.
Anwar was accused of sodomising Saiful in June 2008 at a posh condominium in Kuala Lumpur. He has denied the charges and accused Najib and Rosmah of conspiring with Saiful to destroy his political comeback.
This is not first time that Najib's Umno party has used sodomy accusations to suppress the charismatic Anwar, a former deputy prime minister. In 1998, Anwar was sacked for alleged graft and sodomy by his then boss, former premier Mahathir Mohamad.
Anwar was accused of sodomising his wife's chauffeur and jailed for 6 years. Even though he denied the charges and the chauffeur also withdrew his allegations, Mahathir still pushed the case through.
It was then that Malaysian courts came to be derided as kangaroo courts and foreign firms insisted on sealing their deals here using the laws of other nations such as neighbouring Singapore's.
Anwar was acquitted of the 1998 sodomy in 2004, several months after Mahathir's retirement. Najib is now trying to rehash Mahathir's 'success' in jailing Anwar, and appears to have no qualms in using measures that can destroy Malaysia's already wafer-thin international credibility in his bid to cling to power.
"For Male ‘Y’, the prosecution had better have good answers. The world is watching us. Najib must give plausible scenarios how Anwar’s DNA can get mixed up with so many others,” said Tian.Once again, the General Election is coming. The time has come for Malaysians from all walks of life to come forward and exercise your Right to vote. For the past 50 years the majority has made a wise choice to vote BN. We hope this time the electorate will again make the right choice.In 2008, BN lost its two thirds majority for the first time, and since then Malaysia has gone through turbulent times, in turmoil, racial strife and struggling to implement policy. Today, there are quarrels and fights over every little detail. Even our economy has come to a standstill.Tribute must be paid to great men like Tun Dr M and Perkasa Leader Datuk Ibrahim Ali who are still struggling for the Malays, and risking their reputations in the process. Great Men like DDr Chua Soi Lek, who emerged from raging scandals just to represent the voice of the Chinese. And DS Samy Vellu, who recently retired after a brilliant career and a superhero to the Indian Community. Their immense contribution to the Nation is nothing short of commendable..MCA, Gerakan and MIC with so little representation in Parliament, has affected the Voice of the Non Malays. The non Malays can return them to power, so that their voices will once again be heard loud and clear.Now the time has come for us to come to the rescue of our nation. BN has always been there for us through thick and thin. Some of its divisive policies, though unpopular has held the country together. BN’s inability to implement policy is largely due to a strong opposition which has led the country to a standstill.BN’s well oiled machinery (powered by Petronas Syntium) is once again active, and is already on the ground, into every village, and to the deep interiors of our country to drum up support. This time BN wants a convincing win.The safe deposit in East Malaysia is being slowly withdrawn, and BN cannot count on EastMalaysia alone to secure its two thirds majority. With the emergence of MCLM as the Third Force and coupled with a strong opposition, will punch a big hole in BN’s safety net. Therefore, your country needs you!BN is going to dissolve Parliament, and call for fresh elections two years earlier than anticipated. This election will see BN regaining its majority.Take heed, as I implore you to take this opportunity to become patriots, and come to the rescue of the nation. We cannot just hope that BN will win. We have got to make it happen. If there is one thing that you can do for your nation, that is: Go all out and recruit at least one other voter, He or she may be your mother, your son, your distant cousin, your fishing kaki, your gardener, your boss, the bread man, your bodyguard, or your boyfriend . Take them along and make it a family outing, when the big day comes and make sure him or her votes. A couple of hundred thousand extra voters will ensure that our Nation regains its former glory. BN wins, there will once again be an air of normalcy, Racism will disappear. The alternative Media will shut its mouthpiece. It will be uneventful, probably boring, but Malaysia will steam forward again in full power. Nothing will change; everything will be as it is. Everyone will go back to their old boring jobs. There will be no shocking changes to our everyday lives. We will lose interest in Politics. Wouldn’t that be ideal?Some of the RM800 billion outflows may return to the country to stimulate the economy. Word has it that most of the money got stashed away in China, India, and Israel. Isn’t it better to vote for the devil we know, than for the angel we don’t know? Moreover, the Opposition only opposes for the sake of opposing, without taking the nations’ interest into account.
It would be a horrific day, should the Opposition win, as there will be widespread changes in this country that will affect society and our way of life. Most of us will wake up to a new reality, and forced to adapt to a more alien culture. Listed below are some of the drastic changes that will change our lives forever. Ponder on it carefully!
- Meritocracy would be fully restored, heightening intense competition for places in Public Educational Institutions, Government Institutions, The Public and Private Sectors and the Civil Service.
- A Free Market Economy, that will be disadvantageous to certain segments of society dependent on the NEM
- Equality among the races, that will ridicule our Supremacy and Superiority
- Financial institutions will tighten loan requirements to only people who are able to repay
- Unbridled Freedom of Expression that may embarrass the country’s plurality.
- A repressed Ketuanan Melayu and Malay Domination
- Widespread Religious freedom that may affect the sanctity of Islam as the Religion of the Federation
- A spendthrift government that will retard economic stimulus, leading to a bankrupt nation.
- Open Tendering Exercise that will affect a large segment of Contractors that cannot compete equally on a level playing field.
- Curbing the mass issuance of citizenships to foreigners, thus affecting our target population of 70 million by 2020 (Vision 2020)
- Discontinuation of Billion Ringgit Mega Projects which could stimulate our bearish economy.
- Abolishment of the ISA and the Sedition act, that may encourage terrorism, freedom of expression, illegal congregation, Extremism and Sedition.
- Checks and Balances will be introduced in all government departments that will tax the patience of the Civil Service.
- Politeness and Dedication to Service will be introduced in all Civil and Public Departments.
- Cronyism will become a dirty word.
- MACC will go under the purview of Parliament, thereby restricting its independence to select and prosecute without fear or favour
- The separation of powers of the Executive, Judiciary and Legislature will lead to a true democracy so unlike our current administration.
- There will be no more such thing as easy money. Everyone will have to slog for their bread and butter.
Seriously, why would Malaysians wants to change the status quo? It is beyond logic and it really defies my imagination!! So, dear fellow Malaysians: the fate of this nation lies in your hands. We cannot stand aside, and let fate rule this nation. Go out and get a partner, and vote your hearts out. One day, in the future you will reflect back to 2011, where we all made a difference to this great nation of ours.
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