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Mario Diaz, Esq.

Neera Tanden

Neera Tanden, professional divider

By | Legal, News and Events | No Comments

“[T]o restore the soul and to secure the future of America requires more than words. It requires that most elusive of things in a democracy: unity.” Those were President Joe Biden’s much-acclaimed words at his inaugural address. He was right which, ironically, is why most conservatives did not believe a word of it.

His words have attempted to unify. But, if President Biden knows more than words are needed to achieve unity, he must not really want it. Most of the actions he has taken as president have been hyper-divisive.

In his first week in office, he went on an all-out assault on conservatives, opting to promote abortion on demand at home and abroad, ignoring women’s concerns over the safety and fairness of biological males taking over women sports and spaces, and canceling many projects and policies (like the Keystone Pipeline) that were life-bringing for millions, especially those with low-incomes.

His nominations also reflect he is not serious about uniting the country. They suggest he is actively working for a deeper divide.

Neera Tanden, President Biden’s nomination to be the Director of the Office of Management and Budget (OMB), is just the latest example. Tanden, a former Hillary Clinton advisor and the current president of the leftist Center for American Progress, has made a career of dividing.

Click here to read the rest of this op-ed as featured exclusively in American Thinker.

 


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For America (Day 117)

By | Defense of Family, Erasing Women, LBB, News and Events, Prayer, Sexual Exploitation | No Comments

Our Father in heaven,
Hallowed be thy name forever.
With thankful hearts, we behold
Your awesome works from the beginning.

You are Faithful and True
Still moving in the midst of Your people.
Help us fret not for evildoers.
They are like grass withering away.

But Your Word stands forever.
We delight in Your counsel and Your statutes,
We crave to know You more and more,
To increase in faith and trust; this is our goal.

Thank You for sending Your Son, Jesus Christ
To be our Savior—to show us the way of salvation.
His example is our encouragement and aim,
Oh, to be more like Him, each and every day.

We stand in the great promises of Scripture.
We delight ourselves in You Lord,
Knowing You will give us the desires of our heart.
Give us righteous desires Abba, Father.

For often we seek after the wrong things
Thinking they will somehow fill the hole in our hearts,
When we know it is a God-shaped hole we bear,
And only living water will ease our thirst.

Lord, we pray for the assault on sexuality
The enemy is leveling against our world.
We pray against the increasing gender confusion,
Against the identity crisis he seeks to create in Your creation.

But our identity is found in Christ,
Let that healing lesson spread among those who hurt today.
Our hearts break for them; do not let the enemy get away
With his schemes to establish a lie as a foundational truth in their lives.

Let the truth that You are our Creator shine ever so brightly.
May we commit our ways to You, Lord,
For we know You will act. And You are good!
You are God.

In the name of Jesus, we pray,
Amen.


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Senate Must Do Better for HHS Than Abortion Activist Xavier Becerra

By | LBB, Legal, News and Events | No Comments

The United States Department of Health and Human Services (HHS) handles one of the most essential and basic functions of government: public health. Its mission is “to enhance the health and well-being of all Americans, by providing for effective health and human services and by fostering sound, sustained advances in the sciences underlying medicine, public health, and social services.”

The U.S. Secretary of Health and Human Services leads HHS. It is an important post that requires a knowledgeable and experienced individual.

The previous HHS Secretary under President Donald J. Trump, Tom Price, was a medical doctor with decades of health care policy experience.

Kathleen Sebelius and Sylvia Burwell, who both served as HHS Secretary under President Barack Obama, also had significant health care management background before being nominated.

Sure, one can disagree with their political philosophies and policies (I sure did). Still, Sibelius was the Insurance Commissioner of Kansas for eight years before becoming the Governor of Kansas. Burwell worked for the Bill and Melinda Gates Foundation, becoming the president of their Global Development Program which is highly influential in developing global health policy.

The question is, why in the world is California Attorney General Xavier Becerra President Joe Biden’s nominee for HHS?

A Rabid Abortion Activist

Look, Becerra is an accomplished attorney of Mexican descent, so I’m sympathetic. But Gen. Becerra has zero experience in public health care. Unlike with previous candidates, his career does not suggest he even cares about public health policy.

Gen. Becerra was admitted to the California State Bar in 1985. The next year he was an administrative assistant for California State Senator Art Torres. He then served as deputy attorney general for three years, and his next move was to run and become a State Assemblyman for two years, where he worked on laws revising criminal sentencing.

Then, before taking his current post as Attorney General for California (in 2017), he went to the U.S. House of Representatives, where, again, nothing stands out about his interest in health care policy.

Except in one area: abortion. That has been his focus. Gen. Becerra is a political operative, prosecutor, and a rabid abortion activist. Does that qualify him to lead the nation’s health care policy?

Put aside the abortion issue. There are plenty of abortion proponents with enormous health care experience. Why is Becerra the pick?

Click here to read the rest of this op-ed as featured on The Stream.


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For America (Day 116)

By | LBB, Prayer | No Comments

Oh God, our refuge,
We give thanks to You
For Your protection and blessing
Over our land and our people.

You have been our bulwark,
Our shelter and hope.
Let the nations look and marvel
At Your lovingkindness.

You have been patient at every turn,
So, we accept and affirm Your loving correction.
Let our hearts be heavy for the suffering
Among our people—fill us with compassion.

May our hearts break
For the sins we have committed.
Against You we have committed them,
And we repent with contrite hearts.

We stand on Your grace,
In You alone we trust.
Help us to return once more
To Truth, to what is good, to Love.

Restore Your church in America!
Help us as Your bride,
To await Your coming with great expectation—
With great joy and peace. Help us be ready!

We are not.
We have become distracted
With the things of this world.
Help, Lord. Help!

For You reign from eternity to eternity;
How great are Your ways;
How unscrupulous and awesome!
Help us to see—open the eyes of our hearts and spirits.

Help us be light in all that we do,
Help us love You above all,
And help us to love each other more and more
So the world may know we are Yours.

In Christ, we pray these things,
Amen.

For America (Day 115)

By | LBB, Prayer | No Comments

Oh Lord, my God,
We have heard of Your mighty deeds of old.
How You parted the Red Sea, closed the mouths of lions;
How You send fire from heaven and won mighty battles.

We know of Your great name,
We know that trust in human strength or intellect is foolish.
We know we do not save ourselves,
Just like we did not create ourselves.

Victory is commanded by You,
Carried out by Your servants—the seen and unseen.
It is in Your name and to Your glory that history is written.
In You we boast all day.

But You lovingly allow Your judgment to reach us, too.
You let shame do its repentant work in us,
And allow us to discover the pain and solitude
Of trusting in the things of this world.

Forgive us, Oh Lord,
And be quick to come to our aid.
Restore the joy of our salvation in our hearts.
Restore the pursuit of righteousness in our land.

Help us to thirst for justice and peace,
For goodness and beauty, for what is noble and true.
Help us to seek after holiness.
Revive our churches and our communities.

We will not turn our backs on You,
We stand in Your covenant love for us.
You have broken us, and we say only, “amen.”
Thy will be done, Oh God.

You know the state of our hearts,
You know how the world hates us,
As they hated You, just as You said they would,
We are pressed on every side.

But You have promised to never leave us or forsake us.
In this we trust, arise Lord and show Your deeds again.
Let those who stand against You cower in fear.
Arise and help your people. Redeem us, for Your mercies’ sake.

Amen.

Rejecting the Idolatry of Safety with Faith and Faithfulness

By | LBB, Legal, News and Events, Religious Liberty, SCOTUS | No Comments

As in the time of Babylon, there are those in power today who, like King Nebuchadnezzar, demand we bow down to an image. It is not a golden image, to be sure, but it is an image, nonetheless. It is the image of safety—the image of security.

The two weeks to stop the spread of COVID-19 has turned into an indefinite violation of our civil liberties. White House Press Secretary Jen Psaki recently said that “Even after you’re vaccinated, social distancing, wearing masks are going to be essential.”

“Essential” is a crucial word. You see, for the government, wearing a mask and social distancing is essential to public health, but faith is not. Despite mountains of evidence showing how important the church community is, they insist on unconstitutionally limiting the free exercise of religion.

Friday night, the United States Supreme Court issued an injunction on California’s draconian restrictions on indoor activities for houses of worship, affirming the churches challenging the restrictions are likely to prevail on the merits of the case. That means that the restrictions are likely to be found in violation of the First Amendment.

This is good news, but it was not enough. The Court denied the appeal for an injunction “with respect to the percentage capacity limitations,” and “with respect to the prohibition on singing and chanting during indoor services.”

At least two justices recognized that those are likely also to be violations of our religious liberties. Justices Clarence Thomas and Neil Gorsuch would have granted the injunction in full. Justice Samuel Alito also would have gone a lot further, giving the state 30 days to prove that “nothing short of those measures will reduce the community spread of COVID–19 at indoor religious gatherings to the same extent as do the restrictions the State enforces with respect to other activities it classifies as essential.”

Chief Justice Roberts concurred that “the State’s present determination—that the maximum number of adherents who can safely worship in the most cavernous cathedral is zero—appears to reflect not expertise or discretion, but instead insufficient appreciation or consideration of the interests at stake.” But he also unexplainably concluded, “that singing indoors poses a heightened risk of transmitting COVID–19.” The evidence of this does not come even close to withstand judicial review.

Justices Brett Kavanaugh and Amy Coney Barret said the record was insufficient to make such a determination on singing, saying, “[I]f a chorister can sing in a Hollywood studio but not in her church, California’s regulations cannot be viewed as neutral,” which, of course, is precisely what the government has done time and again.

Black Lives Matter riots, good; religious gatherings, bad. Thanksgiving dinner for regular folk, really bad, but indoor dinner for liberal elites, completely fine. You get the picture.

When the government is trying to impose its power, there are always those who will point to the Christians and chastise them for not bowing down to the image of the age. In the times of King Nebuchadnezzar, Shadrach, Meshach, and Abed-Nego defied the edict to bow down to the golden image, and they were brought before the king to be thrown into the fiery furnace.

Such is the case today. Churches are being forced all the way to the Supreme Court to fight for their religious freedoms. They ought to have a lot more support from the American public as a whole. They ought to have overwhelming support from the body of Christ— the Church at large.

But the threat of the fiery furnace is compelling to those who have their eyes set on the things of the world. Cancel culture today is an incredible incentive to comply with the Spirit of the Age.

We should learn from Shadrach, Meshach, and Abed-Nego and stand against it. Remember what they told King Nebuchadnezzar as they were about to be “canceled” by the fiery furnace? “O Nebuchadnezzar, we have no need to answer you in this matter. If this be so, our God whom we serve is able to deliver us from the burning fiery furnace, and He will deliver us out of your hand, O king. But if not, be it known to you, O king, that we will not serve your gods or worship the golden image that you have set up” (Daniel 3:16-18).

Faith and faithfulness, that is how they pushed back against the evil in their time. Faith that God can and would deliver them from the hands of evildoers, but also the faithfulness to say, “even if He doesn’t, we will not bow down.”

That is exactly how we must fight today. We must be courageous in the face of evil. Trusting God and remaining faithful until the end.

For America (Day 114)

By | News and Events, Prayer | No Comments

We have joy only in Your strength, Father God.
Attend to our cry for help!
You Who heard Hagar in the Wilderness of Beersheba,
Hear us in our hour of need through this national, spiritual desert.

Restore the joy of our salvation
And guide us in Your ways.
In Your salvation there is a fountain of peace,
Let us drink and be satisfied.

You have been so good to us, Lord,
Forgive our ingratitude.
We are aware of our shortcomings,
And delight in Your grace towards us.

Blessings upon blessings we have received from the Holy One—
Mercy upon mercy, forgiveness and renewal.
Your promises have sustained us for many generations,
But we have forgotten; we have taken our eyes away from the crown You set before us.

You gave us life and made us glad in Your presence.
Help us to return to that first love;
Help us remember Your mighty acts of love towards us.
Help us to never forget what You have done.

We are fully aware that it is only through You that we are not moved.
We take refuge in the shadow of Your wings.
Protect us from Your wrath through the cross of Jesus Christ,
We know we have sinned; we claim the blood of the Lamb.

Those who plot against You devise plans they are not able to carry out.
You are the Almighty, who can stand against You?
Be exalted, Oh God, reign in our hearts and in our land
Oh, King Eternal— thy will be done.

Amen.

Parade of Horrible Executive Actions Out of the Gate for the Biden-Harris Administration

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Here are just some of the disastrous executive actions taken by President Joe Biden during his first week in office where he has set a new record number of unilateral actions. Please join our email alerts to stay up to date on what you can do to stand for life, liberty, and freedom.

  1. Revoked the “Mexico City Policy” which does not allow foreign aid to be used to perform or promote abortion outside the United States. This literally translates into more babies lives lost to abortion. President Trump, on the other hand had expanded the policy, saving millions more than in the past.
  2. Called for the codification of Roe v. Wade, calling it a “foundational precedent” to which all judicial nominees should commit.
  3. Set in motion a review to repeal a President Trump Title X rule that demanded separation of abortion-related activities for facilities that receive federal funds. This is a most reasonable requirement, but Big Abortion’s tight grip on the Biden-Harris Administration demands that the rule be rescinded.
  4. He withdrew from the Geneva Consensus Declaration which declared that abortion is not an international human right and that abortion should never be promoted as a method of family planning, among other things. Simply put, the United States goes from a promoter of the sanctity of human life and protector of children to a promoter of population control through abortion.
  5. Restored the taxpayer funding of the United Nations Population Fund, the UN’s abortion and “family planning” agency which helped China carry out its draconian pro-abortion, anti-woman, government-controlled reproduction policies.
  6. Ordered a recommitment to the failed Obamacare policies of the past. Expect the harassment of religious institutions like the Little Sisters of the Poor to resume under the new administration.
  7. Revoked the executive order facilitating the purchase of health insurance across state lines and promoting healthy competition in healthcare markets.
  8. Strongly condemned the identification of the COVID-19 virus by the geographic location of its origin (i.e. China). Even as new evidence continues to point to the fact that that China was the place where it was first detected. There was no racism behind the naming of the Spanish Flu, but the anti-Trump narrative is what is driving White House policy, and the appearance must be kept alive.
  9. Expanded federal anti-discrimination law to include sexual orientation and gender identity, effectively erasing by executive edict, many of the protections for women and girls in federal civil rights law. This is something CWA has been fighting on behalf of women for years now.
  10. Reversed the ban on transgenders serving in the military, despite no compelling evidence that this would improve military readiness and performance. But only as part of the broad effort to give special rights to LGBTQ+ individuals.
  11. Revoked the ban on the promotion of the destructive and racist “critical race theory” in federal agencies.
  12. On the other hand, President Biden abolished the 1776 Commission, a wonderful, well-balance effort aimed at promoting patriotism in American education.
  13. Ordered the regulatory process be driven by the need to address “systemic racial inequality and the undeniable reality and accelerating threat of climate change.”
  14. Ended the commendable administrative PAYGO, which required the federal government to propose offsets for the costs of discretionary administrative actions, and other actions not required by a statute.
  15. Imposed by executive decree that it is a policy of the United States to encourage union organizing and collective bargaining.
  16. In that same vein, President Biden eliminates one of the most constructive advancements of the previous administration, in terms of advancing the federal workforce, a system of merit for federal employees, that promoted accountability and fruitful job performance.
  17. Forced face-mask-wearing on all federal property and in all federal buildings, as well as on all interstate transportation.
  18. He is also rejoining the World Health Organization (WHO), who has been implicated in the mishandling of the COVID-19 pandemic and unethical coordination with Communist government in China.
  19. Is making climate-related challenges one of the number one focus of government, seeking “environmental justice” and demanding Americans “make better choices” in seeking jobs.
  20. That is why President Biden has also put a hold on any new oil and natural gas leases on public lands or in offshore waters.
  21. He has brought devastation to thousands of families by pulling the permit for the Keystone Pipeline.
  22. He also created a Climate Policy Office in the Executive Office of the President, that will have the same rank and authorities as the National Security Advisor—think about that. While also, creating a White House Environmental Justice Interagency Council.
  23. He is demanding federal agencies prioritize the “climate crisis” in their procurements and constructions with emphasis on sustaining and creating union jobs.
  24. Internationally, he rejoined the imbalanced Paris Climate Accord.
  25. Halted all deportations of illegal immigrants for 100 days.
  26. Stopped the construction of the southern border wall in contravention of current law. Also, terminating the declared national emergency there.
  27. He also ordered that the census-based apportionment of congressional districts include illegal aliens.

For America (Day 113) – A Prayer for the New Year

By | LBB, News and Events, Prayer | No Comments

How beautiful are the feet
Of those who bring good news,
Who proclaim peace, good tidings,
And the salvation of the Lord.

May our gaze turn to them;
May our ears hear the sweet sound
Of the proclamation of Your Word
In this new year.

Lord of the harvest,
Send us laborers
For we know the harvest is plentiful.
We need those who love the mission field.

The pain of so many is so evident.
Like sheep without a Shepherd,
They move here and there
Swept by the winds of every moment.

Yet we know of an immovable Rock
Jesus, the Christ
By Whose blood all our sins are swept away.
We know that He alone can save.

Forgive our callousness
Which heretofore has blinded us
And prevented us from the self-sacrifice
You require.

You showed us the way,
Yet we turn away.
Forgive us
And illuminate our hearts and minds.

You are God.
The winds still obey at Your very word.
Let the political winds of the present age
Tremble at the sound of Your Name.

Take this year. Take our lives.
Do as You please, Oh Lord on high!
We stand in awe and are still
To know You and Love You more and more.

Heal our land, heal our hearts,
Unite us as one.
In You we want to abide.
Amen— may it be so.

How to Face 2021

By | Legal, News and Events | No Comments

In some ways, many of us could not wait to put 2020 behind us. It was a terrible year for many families and businesses following the COVID-19 pandemic. In another sense, though, it feels like there is still some unfinished business with 2020 that prevents us from fully embracing the plan God is setting before us for 2021.

The election certainly feels that way. Even following a vaccine, the continued lockdowns, and the uncertainty about what is to come, have many of us are feeling exhausted even before the new year begins. How can we face 2021 feeling this way?

I will tell you; I look no further than the preeminence of Christ. Paul wrote to the Church at Colossae that, “He is the image of the invisible God, the firstborn of all creation. For by Him all things were created, in heaven and on earth, visible and invisible, whether thrones or dominions or rulers or authorities—all things were created through Him and for Him.” (Colossians 1:15-16)

Did you notice that by Him, thrones and dominions and rulers and authorities are created? Do you see how relevant this word is for us today in America as we face 2021 full of uncertainty?

We may not know many things, but we know one thing as sure as the sun lights the sky: by Jesus Christ, rulers and authorities are put in their positions of power.

What joy! What assurance! For we know this God is good and merciful, loving and kind; His ways are perfect.

Why do we fret then? Why do we worry? Why do we wonder how we will keep things together?

Paul continued, “And He is before all things, and in Him all things hold together” (v.17).

It is in Him that all things hold together. It is through Him, that’s how.

Do you believe it? If you do as I do, then it is to Him that we should go with all our concerns over January 5 and 6, and 20. We go to Him, and we can rest in His loving care. He is in control.

“[H]e is the head of the body, the church,” Paul wrote, “the beginning, the firstborn from the dead, that in everything He might be preeminent” (v. 18).

Here we arrive at our plan of action, dear readers. Let us allow Jesus Christ to have preeminence in all our endeavors in 2021. He is our aim—His exaltation. Our minds must be continually on Him; we live and breathe, pray and take action in a manner worthy of Him who called us by His grace.

Let joy be our trademark. Let the peace of God, which surpasses understanding, be the sweet aroma permeating all our engagements. God is in control.

In some ways, I see many of us as the disciples on the boat. The storm hit; there is chaos around. They are scared. The boat is filling up with water. Will they make it?

So, they go to Jesus, who is sound asleep in the stern. “Teacher, do You not care that we are perishing?” they asked (Mark 4:38).

Tears fill my eyes almost every time I read that question. We are seriously this clueless—this self-absorbed. We dare question the Master’s love—His care.

Many of us are asking Him this very question today. “Jesus, will you allow them to get away with this? Do you not care?”

He does. It pains me to have to write these two words, but He does. It physically hurts me to admit that I need the reminder.

And consider Jesus’ loving response, even as He rebukes the winds and the rain: “Why are you so afraid? Have you still no faith?” (Mark 4:40)

Well, have you? Do you doubt He can rise and rebuke the political winds from our storm and restore peace?

I tell you, there is no force in nature capable of withstanding His rebuke. Believe it! God is on the move, and He will leave us standing in awe at His mighty works, wondering, “who is this that even the political winds and the pandemic sea obey Him?”

This is as true for us in 2021 as it was for the disciples in Jesus’ day.

By Mario Diaz, Esq., CWA General Counsel
Download printable copy.

For America— A Christmas Prayer

By | News and Events | No Comments

Written by CWA’s General Counsel Mario Diaz, Esq.

Oh Lord, Our God,
Your Majestic Holiness
Fills us with joy
Throughout the Christmas season.

Your wondrous works displayed
On that day in Bethlehem
Keep our hearts and minds engaged still today,
Amazed at the extent of Your Love.

The sounds of that “Silent Night,”
Are forever on our lips.
Let the people hear us sing,
“Gloria, in excelsis Deo (Glory to God in the highest!)”

Let the “thrill of hope” be felt
In the midst of our weary world.
“Born is the King of Israel,”
The babe — the King of the whole world.

Glad tidings, You brought,
A Gospel of Truth, salvation for all,
If we only believe.
What joy; what peace!

Immanuel — God with us.
God with us.
How can this be?
You, here, for me?

There is no other comfort,
Apart from this —
Apart from You: the Prince of Peace,
Eternal Father, Mighty God.

Of Your kingdom, there shall be no end.
We stand as a testament,
Moving and breathing, hoping and longing
In You, through You, and for You.

May Yours be the glory and honor,
Majesty and power,
Forever and ever,
Amen.

Fulton v. Philadelphia Argument Recap

By | Briefs, Case Vault, LBB, News and Events | No Comments

The Supreme Court heard oral arguments in an important religious liberty case this week, Fulton v. City of Philadelphia. Sharonell Fulton and other foster parents who work with Catholic Social Services (whose work goes back 200 years in the city) brought suit after the City of Philadelphia tried to kick them out of the foster care and adoption arena because of their faith.

The city wants to force them to violate their faith and place children with same-sex couples. Concerned Women for America submitted a brief in support of the foster parent’s religious liberty.

This should be a simple case. The First Amendment to the U.S. Constitution prohibits any law prohibiting the free exercise of religion. That is exactly what the city is doing here in trying to prevent Catholic Social Services from serving the poor and needy in the way they have done for centuries.

Lori Windham, of the Becket Fund for Religious Liberty, who represented the foster parents put it succinctly for the justices. “The City has no compelling reason for excluding Catholic Social Services, which has exercised its faith by serving at-risk children in Philadelphia for two centuries,” she said in her opening presentation.

The real motivation behind this law, a blatant attack on Christians, was exposed in Court as Justice Samuel Alito asked a simple question: “How many same-sex couples in Philadelphia have been denied the opportunity to be foster parents as a result of Catholic Social Services’ policy?”

To which Ms. Windham responded, “Zero. In fact, Justice Alito, none have even approached Catholic Social Services asking for this approval and endorsement.”

Still, the liberal justices wanted to see a big problem here, suggesting, as they always do, that the situation is akin to Catholic Social Services discriminating against African Americans. But both, Ms. Windham for the foster parents and the federal government who also presented arguments in their support were careful to bring back the issue to what was really before them. “What the City’s trying to do here is tell religious groups who have been doing this prior to when the City got involved, ‘We’re going to exclude you; you can no longer carry out this work unless you take actions that are contrary to your faith.’”

Ms. Windham concluded saying, “In our pluralistic society, a properly functioning Free Exercise Clause is supposed to prevent this kind of unnecessary and harmful conflict. There are children in need of loving homes waiting for them. Neither Philadelphia nor [precedent] should stand in the way.”

Deputy Assistant Attorney General Hashim Mooppan also presented in support of religious liberty on behalf of the United States. He took the argument from where Ms. Windham left off. “Philadelphia has not afforded Catholic Social Services the tolerance of religious practice that is required by the Free Exercise Clause and vital to our pluralistic nation,” he said.

He was strong also in responding to the liberal justices’ contention that this requirement was neutral and did not target faith specifically. He highlighted that the city indeed made many exceptions to their supposed rule, including in law. “[U]nder 55 Pennsylvania Code 3700.64,” he highlighted, “the City requires agencies to consider both familial status and disability in certifying foster children — foster parents. The City has tolerated racial and ethnic-based outreach to — for foster parents. And then the City itself considers race and disability when placing children.”

But now, when it comes to taking into account faith, they want to bully Christian agencies to violate their deeply held beliefs to accommodate the city’s desired preferences.

Radical liberal attorney Neal Katyal represented the City of Philadelphia and tried to persuade the Court that they extended those exemptions at a different stage and so that made it different. It was not persuasive. Justice Alito, again, got to the heart of the matter: “[I]f we are honest about what’s really going on here, it’s not about ensuring that same-sex couples in Philadelphia have the opportunity to be foster parents. It’s the fact that the City can’t stand the message that Catholic Social Services and the Archdiocese are sending by continuing to adhere to the old-fashioned view about marriage. Isn’t that the case?”

Katyal, of course, denied it and tried to deflect to another matter.

The new member of the Court, Justice Amy Coney Barrett, also asked important questions about the ramifications of the government’s actions in this case. She asked Mr. Katyal:

[L]et’s imagine that the state takes over all hospitals and says from now on, you know, we are going to be responsible for hospitals, but we will contract with private entities to actually run them. And so there’s a Catholic hospital and gets a contract with the City to run it. In fact, it’s a Catholic hospital that’s in existence before the state adopts this policy. And its contract with the state provides that there are — in the contract the state gives everyone is that you can get some exceptions for some medical procedures, but every hospital has to perform abortions.

The deflection continued. Justice Barret made an important point because as the size of government continues to grow, this sort of anti-religious bullying will only expand to more and more areas. Justice Alito, later on talked about homeless shelters, and one could think of any number of other spaces.

The city’s position is not only that people of faith cannot get government funding to serve the poor in those cases, but that they couldn’t operate at all.

Thankfully, the oral arguments show their position is likely to be rejected by a majority of the Court.

Justice Barrett Win Should Remind You of the Importance of Your Vote

By | Barrett, News and Events, RBG, SCOTUS | No Comments

Now that Amy Coney Barrett has been sworn in as the 115th justice of the United States Supreme Court, I hope you realize the importance of your vote this coming November 3. There was a time when the U.S. Senate would have confirmed Justice Barrett unanimously. That was the way Justice Antonin Scalia, her mentor, was confirmed, 98–0. By contrast, Justice Barrett was confirmed 52-48. She would have never been confirmed if just a few seats were turned. 

This must become a matter of prayer for us as we focus our attention these last few days. Let us pray, not only for the outcome but also that those who are elected would choose justice over partisan bickering.   

Republicans control the Senate right now 53-47. Democrats would need to pick up four seats to become the majority. There are 34 Senate seats up for a vote. Of those 34 seats, 22 are Republican, and only 12 Democrats. 

Right now, Real Clear Politics has nine races as toss-ups— seven Republicans and just two Democrats. It further has five leaning to remain Republican and three leaning Democrat, with one of them being a pickup from a Republican seat. 

As you can see, there is a lot still up in the air as far as the United States Senate’s makeup which will have significant implications for the confirmation of judges. 

President Donald J. Trump has had historic victories in appointing constitutionalists to federal courts. Still, the gains would not have been possible without a Senate committed to the swift confirmation of qualified nominees. 

The number of cloture votes, which used to be rare in judicial confirmations, and which are practically meant merely to slow down nominees, have surged under today’s hyper-political climate. Seventy-seven percent of President Trump’s judicial nominees were forced to go through a cloture vote. Compare that to just 2.9 percent for President Barack Obama. 

Every way you look at it indicates to us that U.S. Senate races are crucial to justice. The media’s focus on the presidential race is, of course, warranted. The two candidates have very different and contrasting plans for our country.  

But we must not forget that even in some of the areas where they are promising to do this or that, they will need Congress to act before they can do anything.  In the case of judicial nominations, they will need the Senate to exercise its “advise and consent” role. 

One troubling idea that is being pushed by the radical left, namely to pack the Supreme Court by expanding the number of justices, would require the House of Representatives and the Senate to pass legislation for the president to sign. 

Packing the Court would be damaging to an institution that relies on its institutional legitimacy for its role in our form of government. This is why most elected officials, including Democrats, have opposed the idea for decades. Even Vice President Biden has said we would “live to rue the day” if the Supreme Court was expanded. 

Democratic President Franklin D. Roosevelt actually tried to pack the Court in 1937, but he failed when many in his own party opposed him, saying he would turn it into a political weapon. 

The American people also reject court-packing. This is why today, Vice President Biden has been reluctant to speak of the plan publicly. He has famously said he will answer the question “when the election is over” which is troubling in its own right.   

Many have taken that to mean he will do it. If that is the case, he would need the support of a willing Senate to go along with the plan.  

The bottom line is, we must keep the U.S. Senate in focus as we head into Election Day. 

Confirmed and Sworn In!

By | Barrett, Legal, Legislative Updates, News and Events | No Comments

Friends,

Congratulations! Your support and engagement have now helped confirm Justice Amy Coney Barrett to the United States Supreme Court. She was just confirmed by a vote of 52-48 and sworn in by Justice Clarence Thomas. What a picture of hope for our country to see her raise her hand and take her oath from another constitutionalist at the Court.

Our Women for Amy Bus Tour is rejoicing! I want to thank those of you who took the time to come out to rally in support of Justice Barrett. We have a few more stops still, and they are bound to be the most joyous ones yet, as we celebrate this amazing victory.

Your engagement in this nomination will bear fruits for generations to come. Justice Barrett is not only a woman of great faith, integrity, and commitment to the Constitution, she is also now the youngest member of the Supreme Court.

This is a historic day for conservative women. Justice Barrett is an inspiration to millions of young conservative women who are witnessing a prime example of someone who reached the highest pinnacles of her profession without compromising her values.

But the task ahead will not be easy for Justice Barrett. The pressures will only increase as she takes her new position at the Court. So, let me encourage you to continue to keep her and her family in your prayers.

And remember to stay connected with us here at ConcernedWomen.org as we continue to stand together for freedom and justice in our land.

Sincerely,
Penny Nance
CEO and President

Women for Amy Bus Tour Celebrates Committee Vote

By | Barrett, CEO, News and Events, Press Releases | No Comments

FOR IMMEDIATE RELEASE
October 22, 2020

Contact:
Stephanie Rivera
954.243.6301, 
[email protected]

 Women for Amy Bus Tour Celebrates Committee Vote

Washington, D.C. – This morning, after Democrats opted to boycott the vote, the United States Senate Judiciary Committee voted favorably to send Judge Amy Coney Barrett’s nomination to be an associate justice of the United States Supreme Court to the full Senate.

Penny Nance, CEO and President of Concerned Women for America Legislative Action Committee (CWALAC), had this to say, as she continues to lead the Women for Amy Bus Tour, currently traveling from McAlester, Oklahoma, to Fort Worth, Texas:

 “Conservative Women all over this country are energized by the nomination of Judge Barrett to the Supreme Court; we are seeing it first-hand. They are celebrating her with every step she takes, against the tide, to trace her own path to the highest court in the land. What an inspiration she is to millions of young girls watching today. She gives us hope!

 

“We applaud Senate Republicans for treating her with respect and moving ahead with her confirmation, despite the Democrats’ temper tantrums. They should be ashamed of disrespecting this highly qualified nominee by not even showing up for blatant partisan political reasons. She deserves better.

 

“But they prove, once again, that they are not the party that promotes and respects women’s rights. They only support women who agree with their political ideology. All others are free to be treated with contempt, as they have done to Judge Barrett today.

 

“The good news is that, at the end of this process, they too will have to address her Justice Barrett, no matter the theatrics they employ today.” 

###

Concerned Women for America Legislative Action Committee (CWALAC) is the legislation and advocacy arm of Concerned Women for America. Concerned Women for America is the nation’s largest public policy women’s organization with a rich 40-year history of helping our members across the country bring Biblical principles into all levels of public policy.

Hearing Recap and Next Steps for Amy Coney Barrett

By | Barrett, Judicial Nominations, LBB, Legal, News and Events, RBG | No Comments

To quote Sen. Lindsey Graham (R-South Carolina), Chairman of the Senate Judiciary Committee, Amy Coney Barrett is “going to the Court.” The hearings are over, and she simply shined through it all. The most memorable moments included ACB schooling senators trying to challenge her on precedent and originalism and severability and textualism. She was the smartest person in the room. The moment when Sen. John Cornyn (R-Texas) asked her to show her notes went viral because it illustrated how exceptional she was as a nominee. Here is the clip:

But the most powerful testimony, showing us the type of person we are supporting for the Supreme Court was heard on the last day. It was the testimony of Laura Wolk, one of Judge Barrett’s law students and current Supreme Court clerk, who is blind. She explained the extraordinary help she received from ACB that made it possible for her to break down barriers in the legal profession.  Please watch:

These hearings were historic. The voices of conservative women were heard like never before, both inside and outside the hearing room.  Sen. Graham highlighted this with his remarks on day two. He said, “This hearing to me is an opportunity to not punch through a glass ceiling, but a reinforced concrete barrier around conservative women. You’re going to shatter that barrier. I’ve never been prouder of a nominee than I am of you.” Here is the expanded clip of his remarks:

Outside, as most of you know, the “Women for Amy” army made its mark, outshining the opposition.

The nomination will be held one week, as is customary, with some written questions and answers for the record submitted. Then a final committee vote is scheduled for October 22 at 1:00 p.m. It is expected to be 12-10, along party lines.

The nomination then will be sent to the full Senate where Majority Leader Mitch McConnell (R-Kentucky) has said, “We’ll go to the floor with her on Friday, the 23rd, and stay on it until we finish this… We have the votes.”

Action Item: Stand Up For All Christian Conservative Women

By | Barrett, Legal, News and Events | No Comments

God’s timing is perfect. He’s never early or late but comes at the precise time. So, even though no one could have foreseen the nomination of Judge Amy Coney Barrett to the United States Supreme Court at this crucial time in our nation’s history, we are thankful for the opportunity to see the first conservative, constitutionalist woman on the nation’s highest court.

Judge Barrett is exceptional. Her academic and professional credentials are second to none. She graduated at the top of her law school class, clerked for Justice Antonin Scalia, went on to private practice, became a law professor, and then an appellate court judge.

That is why the attacks we have seen against her center, not on her credentials, but on her faith and her family.

She has been attacked for being too Christian. As Sen. Diane Feinstein (D-California) shamefully said to her, “The dogma lives loudly within you.”

And she has been attacked for adopting two beautiful children from Haiti, with some calling her a “White colonizer.”

These despicable, unjust attacks on her, are an attack on all people of faith!

Stand up to this bigotry by strongly urging your senators to vote for the confirmation of Judge Amy Coney Barrett to the U.S. Supreme Court.

Click here to visit our “Women for Amy” action center, where you can call, email, and even tweet to your senators.
 
Take action today and urge your families and friends to do the same.  Click here to support the work CWALAC is doing.

Meet Amy Coney Barrett

By | Barrett, Judicial Nominations, Legal, News and Events, RBG, SCOTUS | No Comments

If you have been a friend of Concerned Women for America (CWA) over the years, you only need to refamiliarize yourself with Judge Amy Barrett. CWA activists supported her nomination to the lower court, and we spoke loudly about the anti-religious, anti-Christian bigotry that characterized her opposition. We won that battle. And we will stand strong against such unconstitutional attacks on people of faith this time around.

But we want you to get to know future Justice Amy Coney Berrett now that the President is set to nominate her to the United States Supreme Court.

Personal Life

Amy Coney Barrett was born in Louisiana; she is 48 years old. She and her husband Jesse Barrett live in Indiana with their seven children. Two of the children were adopted from Haiti. One has special needs. It has been reported that the baby was diagnosed with Down Syndrome during a prenatal screening. She is a devout, pro-life, Catholic.

Academic Credentials

Judge Barrett graduated from St. Mary’s Dominican High School in New Orleans (1990). She studied English literature at Rhodes College where she graduated with a Bachelor of Arts magna cum laude (1994). She was Phi Beta Kappa and earned Most Outstanding English Major and Most Outstanding Senior Thesis.

She earned a full tuition scholarship to go to the Notre Dame Law School where she graduated with a juris doctor, summa cum laude (1997). She was the Executive Editor of the Notre Dame Law Review. She was also the recipient of the Hoynes Prize (for the best record in scholarship, deportment, and achievement), the Dean’s Award (for the best exam in Administrative Law, Civil Procedure I and II, Constitutional Law, Contracts, Criminal Procedure, Evidence, First Amendment, Torts II, and Legal Research and Writing).

Legal Career

Upon graduation, Amy Coney Barret earned some prestigious judicial clerkships. First, under Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit (1997-1998), and later under the late, great Supreme Court Justice Antonin Scalia (1998-1999).

Judge Barret then moved to private practice as an associate at Miller, Cassidy, Larroca & Lewin (1999-2000), and later at Baker Bots, LLP (2000-2001), two highly regarded law firms in Washington, D.C.

She later became visiting associate professor and John M. Olin Fellow in Law at the George Washington University Law School in Washington, D.C. (2001-2002). Then a Professor of Law, and the Diane and M.O. Miller II Research Chair in Law at the Notre Dame Law School in South Bend, Indiana (2002-2017), where she won the “Distinguished Professor of the Year” award multiple times.

In 2017, she was nominated by President Donald Trump to the U.S. Court of Appeals for the Seventh Circuit where she continues to serve with distinction.

Judicial Philosophy

Judge Barrett is a constitutionalist who believes the text of the Constitution means what it says and says what it means when looking at the original meaning as it was written at the time of its enactment. She has shown through her career that she is willing to show the judicial restraint necessary to refrain from imposing personal policy views under the guise of law. A student of Justice Scalia, she is similarly committed to originalism and stare decisis (settled law) and grappling with these legal doctrines in a way that preserves the most important principles of our founding.

She will be an outstanding addition to the United States Supreme Court.

Here is the List of Added Names to President Trump’s List of Possible Supreme Court Nominees

By | LBB, News and Events, SCOTUS | No Comments

President Donald J. Trump added 20 more names to his list of possible Supreme Court nominees. Here is who he added, saying they are in the mold of Justices Antonin Scalia, Clarence Thomas and Samuel Alito:

  1. Judge Bridget Bade, United States Court of Appeals for the Ninth Circuit
  2. Daniel Cameron, Attorney General of Kentucky
  3. Paul Clement, former U.S. Solicitor General
  4. Tom Cotton, R- Arkansas
  5. Ted Cruz, R-Texas
  6. Judge Stuart Kyle Duncan, United States Court of Appeals for the Fifth Circuit
  7. Steven Engel, Assistant Attorney General for the Office of Legal Counsel, U.S. Department of Justice.
  8. Noel Francisco, former Solicitor General of the United States
  9. Josh Hawley, R-Missouri
  10. Judge James Ho, United States Court of Appeals for the Fifth Circuit
  11. Judge Gregory Katsas, United States Court of Appeals for the District of Columbia
  12. Judge Barbara Lagoa, United States Court of Appeals for the Eleventh Circuit
  13. Christopher Landau, U.S. Ambassador to Mexico
  14. Justice Carlos Muñiz, Supreme Court of Florida
  15. Judge Martha Pacold, U.S. District Court, Northern District of Illinois
  16. Judge Peter Phipps, U.S. Court of Appeals for the Third Circuit
  17. Judge Sarah Pitlyk, U.S. District Court, Eastern District of Missouri
  18. Judge Allison Jones Rushing, U.S. Court of Appeals for the Fourth Circuit
  19. Kate Todd, Deputy Assistant to the President and Deputy Counsel to the President
  20. Judge Lawrence Van Dyke, U.S. Court of Appeals for the Ninth Circuit

Click here to read Concerned Women for America’s (CWA) CEO and President Penny Nance’s statement on the news.