9th Circuit Court Puts Hold on Arizona Law: Disregards District Court

By Joanne Moudy

There was a time when states had rights and could count on the sovereignty of their own state constitutions and laws.  But with the ever-growing overreach of our tyrannical federal government and liberal judges, that time is long past.  In fact today, as fast as states pass laws to distance themselves from the insanity of unlawful federal mandates and regulations, higher court decisions reverse those efforts.

So it doesn’t come as a huge shock that the 9th Circuit justices issued an injunction against Arizona’s law pertaining to abortion drugs, but it does seem odd that the justices don’t feel obligated to follow federal FDA guidelines on pharmaceutical issues.  I guess all those inconvenient rules are meant to be bent, twisted, and broken as often as necessary to further the socialist agenda.

In 2012, HB 2036 was passed by the Arizona State Legislature and signed into law by Governor Jan Brewer.  The law, which took effect in April, 2014, was an important step in tightening regulations on abortion providers to ensure that the medical care they provide to pregnant women is in compliance with federal guidelines and not based upon what’s best for the clinic’s profit margin.

But no sooner had the law taken effect than Planned Parenthood and the Tucson Women’s Center filed suit seeking an injunction against it on the grounds that it puts an “undue burden” on women seeking an abortion.  However, U.S. District Court Judge David Bury refused to grant an injunction and rejected their argument, stating the law was put in place to protect women from “dangerous and potentially deadly ‘off-label’ uses” of abortion drugs.

But even before Judge Bury could rule on the legal issues, the 9th Circuit Court of Appeals slammed down their collective heavy-handed gavel on Tuesday and granted a temporary stay.  Apparently they have no respect for the lower court’s legal process or deliberation, because they stepped right in and took the case away from the District Court.

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image credit: LifeNews

The absurdity is that the portion of the law in question simply mandates that the abortifacient drug, RU-486, Mifeprex, be used only per the guidelines of the United States Food and Drug Administration (FDA).  Seems pretty straight forward to most physicians, but Planned Parenthood wants permission to do something no other doctor or hospital in the country can do.  They want to operate outside government rules and collect your tax dollars while doing it.

According to the Center for Arizona Policy, when the FDA approved RU-486, it did so under Subpart H, a much more restrictive section of the FDA’s rules specifically set aside for potentially dangerous drugs.  Out of almost 1800 new drug applications approved by the FDA between 1992 and 2011, only 70 were approved under Subpart H.

The drug itself comes with precise prescribing information, labeled uses, and a lengthy warning list, and the licensing under Subpart H simply reinforced the manufacturer’s intentions.  Clearly, the FDA believed the side effects of using the drug “off-label” – hemorrhage, ruptured uterus, sepsis and/or cardiac arrest – constituted serious threats to the patient.

RU-486 blocks the hormone progesterone, thereby causing the fetus to be starved of all nutrients, die, and detach from the uterine wall.  The manufacturer intended for the drug to be used up until 49 days of gestational age, and not beyond.

“On-label” dosing is for the woman to take 600 milligrams of RU-486 orally at the clinic and then return two days later and take 400 micrograms of Misoprostal in the presence of a licensed healthcare provider.  Misoprostal causes the uterus to contract and expel the dead fetus and any remaining contents.  The idea is that the woman be observed while she expels her uterine contents, on the off chance something goes wrong (other than the obvious).

The FDA also recommends that the woman return to the clinic a third time for a follow-up exam to ensure there are no complications (fragments of the baby still inside, etc.) from the chemical abortion.

As a side note, Arizona State Law requires that all women seeking an abortion must be given a counseling session, followed by a 24-hour waiting period before proceeding with an abortion.  That includes ingesting abortifacient drugs.

But Planned Parenthood wants to skip the initial counseling session and the 24-hour waiting period.  They also want to be able to give the RU-486 up to 63 days gestational age, when the fetus is significantly larger and more difficult to expel.

Planned Parenthood’s normal modus operandi is to do a cursory ‘exam’, convince the woman to swallow the RU-486 and then send her home with instructions to take the second drug at home.  As a matter of fact, they frequently advise their clients to not return to the clinic for a recheck after the abortion and bleeding are finished.

And here’s the rub.  Planned Parenthood dispenses RU-486 in one-third the normal dose (200 milligrams), claiming it’s cheaper and safer for the woman.  Naturally it’s cheaper – it’s one-third the dose.  What Planned Parenthood forgets to mention is that the lower dose also means the baby dies more slowly.

What they also fail to mention is that the dose of the second drug, Misoprostal, – the one the woman will take at home, is double.  So when the uterus starts to violently contract and/or the woman is bleeding heavily, she will be alone, unsupervised and without benefit of medical care.

Since medication abortions now account for 41 percent of all first-trimester abortions performed at Planned Parenthood clinics nationwide, they have a vested interest in making certain they can do as they please, regardless of the risk to the mother.

At least fifteen deaths have been attributed to RU-486 since it was licensed and many more women have had complications serious enough to warrant total hysterectomies.  Regardless of Planned Parenthood’s propaganda, RU-486 is not a benign drug without risk.

Aside from the Court’s reaction, it’s also interesting to see how some of the Arizona candidates from two key races responded.

Chuck Wooten, GOP candidate, U.S. Congress, AZ D-2 said, “Abortion is tragic enough without coupling it with reckless, unsafe “medical” practices.  The 9th Circuit Court of Appeals ruling categorically invalidates and marginalizes scientific, FDA precautions that are designed to protect the health of the women involved in ingesting abortifacient drugs.  As Americans have watched for far too long, liberal judges, particularly in the 9th Circuit are legislating from the bench at the peril of women, many of whom are already in a crisis situation.”

According to the Arizona Republic, as of May 27th, his opponent in the primary, Martha McSally, had no comment this issue, and the democratic incumbent, Ron Barber, ardently supports Planned Parenthood and abortion on demand.

Wendy Rogers, GOP Candidate, U.S. Congress, AZ D-9 told the Republic, “I’m 100 percent pro-life, because life is a precious gift from God.  We need to help young women understand they have options beyond abortion.”

Although her GOP primary opponent, Andrew Walter, did not respond to the Arizona Republic, Walter is on record as being Pro-life.  The democratic incumbent Kyrsten Sinema supports abortion on demand, up to full-term.

Considering that the 5th and 6th Circuit Courts of Appeals have already upheld similar laws in states within their jurisdictions, it seems likely that this battle isn’t over.  The tragedy is that one case at a time, the higher federal courts are rendering states impotent to enforce their own laws and stomping on their unique sovereignty.

Maybe, Just Maybe . . . Obamacare is Unconstitutional

By Joanne Moudy

There is no doubt in any sane mind that Obamacare is a travesty on the U.S. Constitution and a terrible fraud perpetrated on America citizens. Yet it seems as though we’re all stuck with it . . . or are we?

On Friday Congressman Trent Franks (R-AZ 8th Dist.), led the charge in filing an amicus brief in the U.S. Court of Appeals for the 5th Circuit in New Orleans, in the case of Steven Hotze, M.D. v. Kathleen Sebelius, ramping up efforts to prove, once and for all, that the entire basis for the ACA bill was bogus in the first place.

Mr. Franks, along with 42 of his colleagues, including Rep(s) Michele Bachmann R-MN D-6), Matt Salmon (R-AZ D-5), David Schweikert (R-AZ D-6), and Steve King (R-IA D-4), banded together in a show of support to overturn Obamacare for violating the Origination Clause of the U.S. Constitution.

According to Mr. Franks’ office, the case began in a Texas federal court and raises the issue of whether or not Obamacare violated the Origination Clause because the entire language of the bill actually originated in the Senate, instead of the House as required for all bills raising revenue.

The question stems from October 2009, when the House passed H.R. 3590, titled at the time as “Service Members Home Ownership Tax Act of 2009.” H.R. 3590 was supposed to make certain changes to the IRS code, specifically to extend or waive the recapture of a first-time homebuyer credit for certain members of the armed forces.

The obvious question any intelligent person should be asking themselves right now is, ‘What exactly does this bill have to do with health care?’ You’re right – absolutely nothing.

The fairly innocuous bill passed the House and was sent to the Senate. Upon receipt, the Senate promptly stripped everything from the bill – except the all important # 3590, then inserted the language of the Affordable Care Act and subsequently passed it on December 24, 2009. The entirely new H.R. 3590 then went back to the House for final approval.

Yet absolutely nothing remained of the original bill and Rep. Pelosi knew it. As the then Speaker of the House, she rammed H.R. 3590 through on March 21, 2010 as amended by the Senate. Concurrently, the House passed H.R. 4872, entitled the “Health Care and Education Reconciliation Act of 2010,” which made certain amendments to the ACA. President Obama signed H.R. 3590 into law on March 23, 2010 and H.R. 4872 on March 30, 2010.

The Origination Clause in the U.S. Constitution provides that “….all Bills for raising Revenue shall originate in the House of Representative; but the Senate may propose or concur with Amendments as on other Bills.”

Since Obamacare contains 17 separate tax provisions raising approximately $500 billion in taxes, it is most assuredly a tax bill, which most assuredly did not originate in the House. Furthermore, The U.S. Supreme Court ruled the individual mandate to purchase health insurance could only be constitutional, if at all, under Congress’s power to tax.

“If the Senate can introduce the largest tax increase in American history,” Mr. Franks said, “by simply peeling off the House number from a six-page unrelated bill, which does not even raise taxes, and pasting it on the ‘Senate Health Care Bill,’ and then claim with a straight face that the resulting bill originated in the House, then the American ‘rule of law’ has become no rule at all.”

In addition to pressing his case in the courts, Congressman Franks is the sponsor of House Resolution 153, with 56 co-sponsors, expressing the sense of the House of Representative that Obamacare violated the Origination Clause. Just last week, Mr. Franks also held a contentious hearing on the topic before the House Judiciary Subcommittee on the Constitution.

The saddest thing is that none of the Arizona congressional leaders with a “D” behind their names supported this amicus brief, presumably because of their support of this illegal method of taxation. Offices of Rep(s) Ron Barber and Kyrsten Sinema were contacted, yet neither had a single comment. Maybe it’s time for a significant change.

Wendy Rogers, the retired U.S. Air Force Pilot who’s running against Sinema in AZ D-9 feels strongly the Obamacare has been an unmitigated disaster. “Most disingenuous of all, is Rep. Sinema,” Rogers said. “She actually helped to write the original tenets of Obamacare before she went to Congress and has consistently been President Obama’s cheerleader for it in Arizona.”

Rogers went on to explain, “In order for Sinema to save face in her district, she voted with Republicans to delay the individual mandate and extend the workweek to 39 hours. She purposely voted this way, knowing it would never pass the Senate or a presidential veto. Sinema isn’t about caring for sick people at affordable prices, she’s about hijacking the Constitution to control one-sixth of the nation’s GDP. Sinema is what’s wrong with Congress.”

Chuck Wooten, who’s running against Barber in AZ D-2 said, “I roundly applaud Congressman Franks and his co-sponsors for forcing the will of the people, through Constitutionality and precedent, to undo the ACA which has been aptly named, “the greatest fraud perpetrated on the American people.”

According to Wooten, it’s no secret the Obama administration and Democrat lawmakers intentionally deceived the citizenry – purely for ideological gain. “The American people, led by Congressman Franks and his co-sponsors have busted those responsible for the fraud and I’m confident justice will prevail and this train wreck will be once and for all vaporized into a bad memory,” Wooten said.

Too bad Rogers and Wooten aren’t already in Congress . . . just think how nice it’d be to have these two names on this amicus brief.

For those of us hoping against hope for a way out of the Obamacare nightmare, this seems like the all important light at the end of the tunnel. Hats off to the elected men and women taking a stand against fraudulent, tyrannical government and lets make sure the right folks make it to Washington in November.

Joanne Moudy is the author of “The Tenth,” a supernatural thriller exploring the very real trauma of abortion in a fictional realm. She proudly served as an officer in the military for nine years, before specializing in emergency nursing until retirement. She’s currently an Ambassador for Alliance Defending Freedom, a member of ASU’s Advisory Board for the Center for Political Thought and Leadership, and regularly speaks about the impact of abortion, liberalism, and secularism on all of humanity. You can follow her on Twitter @composedof1

Key Arizona Races Could Mean Big Wins for U.S.

By Joanne Moudy

As everyone knows, November 2014 will be a crucial election if Republicans hope to gain ground against Obamacare, amnesty and the skyrocketing debt. Quite frankly, if the GOP doesn’t rally in tremendous strength, this country may never recover and our grandchildren will be asking why we led them blindly down the path to the slaughterhouse.

This means that every state is critical and every seat is a must win. There are no U.S. House or Senate seats which are unimportant or inconsequential. Every single one matters.

Arizona is no exception. Currently the state enjoys the luxury of four conservative congressmen; Trent Franks, Matt Salmon, David Schweikert, and Paul Gosar, and in all likelihood, they will all be returning to Congress in November, which suits their districts just fine.

But there remain three additional U.S. House seats which could easily be gained out of the nine total in Arizona. And wouldn’t it be nice if solid Republicans picked these seats up? Nice indeed, because it would completely change the complexion of the current liberal leaning envoy from the 5-4 (D/R) to 7-2 (R/D). But the time is now or never, because even moderate, independent voters are mad about Obamacare, illegal immigration, and bad federal economic decisions, all of which are destroying this state.

On the liberal Democrat side, Reps. Krysten Sinema, Ann Kirkpatrick, and Ron Barber have experienced declining popularity because of their unwavering support of Obamacare, amnesty, and proposed Medicare cuts. At one point, Sinema knew she was in so much trouble she seriously considered switching districts to run in D-7, the heavily populated democratic region, which Ed Pastor is vacating. That would have been a much safer run for her, especially given the angst of voters over her open support of Obama’s liberal agenda.

What’s refreshing to see are three, relatively new faces entering the arena to fill these slots and all appear to be strong contenders working relentlessly to gain enlightened voter support across the state. Meet Andrew Walter, Adam Kwasman, and Chuck Wooten, all of whom bring unique talents to the fray and have excellent chances of success.

Although Andrew Walter isn’t known as a seasoned politician, he does have a familiar face around the state and country, and he’ll need it in the general race against liberal incumbent Sinema. His only opponent in the primary is Wendy Rogers, who’s run twice and lost twice. Many voters in the district are looking for a fresh candidate with a can-do attitude and believe that Walter is the person to do it.

Walter first earned his local reputation as ASU’s star quarterback and later as a 2005 draft pick for the Oakland Raiders, followed by the New England Patriots. After his football career he earned his MBA and worked in the banking industry, which gives him an in-depth business perspective on the state of our economy.

Aside from her radically liberal voting record, Sinema is a pathetic excuse for a member of congress and recently stepped in it, by taking advantage of the horrific death of 40 veterans. Sinema was quick to send out an email expressing her disappointment at the VA in one sentence, while she asked for campaign contributions in the next. When she was called out by Walter, she wasted no time in blaming a staffer. Really? How unusual for a liberal member of congress to feign ignorance, and blame someone else.

As Walter exclaimed, “Exactly how low can a person go? This is the ugliest display of political opportunism I’ve witnessed in a very long time. Not only should she accept responsibility and apologize to the entire district, she should also refund all the money, and make a donation to a veterans association – equal to the amount donated due to that email.”

Walter sees three top issues as his priorities. “One, we must unleash the American economy to create jobs by restoring basic free market principals. Two, we must repeal and replace Obamacare because nothing else will suffice, and three, we must, absolutely – not consider amnesty.” One more point worth mentioning, is that Walter does not see himself as a career politician. “I’ve signed a pledge to author an Amendment that limits the terms of members of congress. I want to help the 2014 Congress gear up and turn this country around, so that regular folks can get back to living the American dream.”

Adam Kwasman is a rising star in the largest geographical district in Arizona, and has the credentials to back up his claims of fiscal conservatism. After earning his B.A. (Cum Laude) from Tulane University, he went on to earn his M.A. in Economics from George Mason University. Before entering the Arizona state House of Representatives, his fight for constitutional liberty began when he worked at the Cato Institute in Constitutional Studies.

Kwasman’s doesn’t mince words. “I’m a Hayekian economist. Either we cut government spending, secure the borders without exception, repeal Obamacare and get the EPA out of our lives, or we lose this country.”

The incumbent, Rep. Ann Kirkpatrick, has the opposite view and works tirelessly promote the liberal agenda of amnesty, Obamacare and an increased EPA.

In District 1, two hot topics are the Navajo Generating Station and the Kayenta Mine which create over 1,100 jobs, mostly for Native Americans. The EPA wants to shut them down and/or levy heavy fines which would put them out of business. Instead of standing strong for the NGS, Kirkpatrick seems more interested in clean air than crucial jobs.

Kwasman doesn’t agree and wants the EPA brought under control. “They are about to shut down the Navajo Generating Station, which is completely unacceptable. The EPA is working against the people of the state of Arizona and must be stopped.”
And finally, down in the far southeastern corner of the state comes Chief Master Sergeant (Ret.) Chuck Wooten. Prior to retiring from the USAF, he held the prestigious position of 19th Air Force Command Chief, overseeing the training, morale, and welfare of 14 unit locations and 17,000 subordinate troops. After retirement, he became the V.P. of Federal Business Development for SoxedoUSA, a 20 billion/year global corporation. Today he is the founder/owner of Corona Consulting Corporation and works extensively with contractors engaged in acquisition support directed at the U.S. Government, NATO, and other cabinet-level federal agencies.

When asked why he decided to take on Barber to represent the folks in District 2, Wooten said, “I looked around at the other GOP candidates and didn’t see anyone viable. We’ve got Shelley Kais who’s background is in education and personal training, and Martha McSally who lost twice in this same race.” According to votesmart, McSally refuses to disclose her positions on key issues, making her positions suspect to voters.

“I commend her military service,” says Wooten. “But if she isn’t willing to tell voters where she stands on key issues, how can they make an educated decision at the polls?” According to public records, her mentor and primary financial backer is Senator Jon Kyl. “I don’t like how Kyl voted, and if he’s her mentor, I’m concerned she’ll ignore the root problems and just be another mouthpiece for the RINO contingency.”

“For me, I’m not afraid to say I love God, our constitution and our Judeo-Christian heritage. I’m not afraid to tell voters that we must secure and close the borders – which is a separate and distinct issue from amnesty. We must enforce immigration laws, completely repeal Obamacare, eliminate burdensome government agencies like the EPA, protect our military, and defend life.”

“Let’s face it, we’re in a war in America,” Wooten says. “A war of principals and convictions we cannot avoid. The time is now and either we turn back Obamacare and the economy, and reverse the damage that’s been caused by the liberal agenda, or we accept defeat and allow ourselves to become slaves to socialism.”

These races in Arizona aren’t unique. Take a look around your own community and state – and get involved – today. There’s no time to waste, because come November, if you haven’t gotten involved and helped candidates just like these, we may all be staring down the barrel of ruin. It is an absolute guarantee that if Arizona turns blue, Texas will be next, and then all will be lost.

My money’s on Andrew, Adam and Chuck – our next best hope for a return to a constitutional America.

Joanne Moudy is the author of “The Tenth,” a supernatural thriller exploring the very real trauma of abortion in a fictional realm. She proudly served as an officer in the military for nine years, before specializing in emergency nursing until retirement. She’s currently an Ambassador for Alliance Defending Freedom, a member of ASU’s Advisory Board for the Center for Political Thought and Leadership, and regularly speaks about the impact of abortion, liberalism, and secularism on all of humanity. You can follow her on Twitter @composedof1