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The Seventh Circuit Blocks the HHS Mandate for a Private Business
National Review Online, by David French
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Original Article
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Posted By:Pluperfect, 12/30/2012 5:26:00 AM
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| Late yesterday afternoon, the Seventh Circuit granted an emergency injunction against the HHS mandate — preventing its enforcement against an Illinois business and its owners. My colleagues at the ACLJ represent Korte & Luitjohan Contractors, Inc., a family-owned, full-service construction contractor. The company is located in Highland, Ill., and employs about 90 workers. The brief opinion is worth a read in its entirety, but two parts stand out. First, the court disagreed with the Tenth Circuit’s recent decision rejecting Hobby Lobby’s request for a similar injunction. In a key paragraph the court stated:
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Reply 1 - Posted by:
Chuzzles, 12/30/2012 6:26:30 AM (No. 9089570)
We get any more judges with commonsense and I may have to revise my opinion about the courts in this country. They may do the right thing yet.
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Reply 2 - Posted by:
Judith, 12/30/2012 7:27:30 AM (No. 9089620)
#1 This will eventually work its way up to a supreme court led by roberts and dominated by left-leaning judges and women judges who think with their lady parts....not a good thing.
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Reply 3 - Posted by:
seamusm, 12/30/2012 7:31:38 AM (No. 9089629)
But can we trust Roberts?
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Reply 4 - Posted by:
Rinktum, 12/30/2012 7:34:58 AM (No. 9089633)
We wouldn´t be here today if Chief Justice John Roberts would have been less concerned with the court´s legacy and more concerned about the unconstitutionality of this massive Frankensteinian piece of junk legislation. Ironically, "his Court" is going to have one humdinger of a legacy.
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Reply 5 - Posted by:
JAN, 12/30/2012 7:40:12 AM (No. 9089641)
President GW Bush made noises about breaking up the 7th. Circuit and they began to behave themselves for a while.
We need to start looking at some of these circuit courts with a serious eye.
The 7th. is certainly a welcome change from the usual suspects who trample our rights.
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Reply 6 - Posted by:
M2, 12/30/2012 7:44:38 AM (No. 9089653)
The ACLJ´s outstanding win record deserves note. It is one of the few national groups our family supports with our dollars. They deserve yours, too.
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Reply 7 - Posted by:
stablemoney, 12/30/2012 7:47:21 AM (No. 9089657)
Government and lawyer hell. Now business must spend their resources litigating against condoms and birth control issues.
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Reply 8 - Posted by:
Sfacheem, 12/30/2012 7:57:00 AM (No. 9089675)
Well, it looks like we have a court that did not want to get upstaged by the French.
Good for us.
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Reply 9 - Posted by:
geekrunner, 12/30/2012 7:59:23 AM (No. 9089680)
I think #5 is referring to the 9th Circuit (in California), not the 7th (in Chicago)
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Reply 10 - Posted by:
Spidey, 12/30/2012 8:18:25 AM (No. 9089701)
I seem to remember a judge in La. overturning Obama´s ban on drilling after the Gulf spill and of course he completely ignored it. We also won initial lower court cases in Obamacare that went in one ear and out the other. This ruling is good news but all it does is set up another SC battle of religious liberty being threatened by Obamacare.
I think Roberts will rule on our side this time because he bought himself some political capital on the first case.I think Obama should have been impeached for his public posturing while the case was under review but that´s neither here or there now.
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Reply 11 - Posted by:
Bad Dog, 12/30/2012 8:21:10 AM (No. 9089703)
Agreed, #9.... you beat me to that corrective point. It was the 9th.
I have friends who work for Korte´s Las Vegas office - my own company subcontracted with theirs frequently on low-rise builds. Back in the good ol´ days, when construction was booming here in Vegas and hubby and I HAD a company - you know, before the Obama Devastation Era began.
Good on Korte for hiring the ACLJ (love the Sekulows!) and good on ACLJ for pursuing this case ... obviously they made wise and convincing arguments!
Pray that this ruling withstands the onslaught of media and supra-court salvos to come.
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Reply 12 - Posted by:
WimeTarmerFable, 12/30/2012 8:38:40 AM (No. 9089728)
One battle won, so many many more to go.
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Reply 13 - Posted by:
CEP, 12/30/2012 8:50:09 AM (No. 9089745)
So one court says this another court says that. Can the Supreme Court ignore this?
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Reply 14 - Posted by:
VinGoombatz, 12/30/2012 8:58:25 AM (No. 9089756)
The French ruling got me thinking again about equal protection. Can any of the lawyers posting here point to the early history that allowed different tax rates to be applied to different people? In other words, in defiance of equal protection. In addition to net incomes, could we apply different tax rates based on different hair lengths? Different clothing preferences? Different races?
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Reply 15 - Posted by:
strike3, 12/30/2012 9:07:20 AM (No. 9089767)
Ultimately, the people are the law. If we refuse to cooperate with the kenyan dictator on every point that we know is wrong and/or unconstitutional, he doesn´t have the courage or the resources to put all of us in prison. This is our country, not his.
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Reply 16 - Posted by:
Patchy Groundfog, 12/30/2012 9:12:49 AM (No. 9089777)
#7 has it. We can celebrate so-called victories but the Rubicon has been crossed and now all medicine is political - and that´s just the way the statists like it.
They MIGHT get your vote if you want a phone or a TV but your vote is virtually GUARANTEED if they can threaten to withhold a transplant or lifesaving drugs.
Individual exemptions are nice but we must never lose sight of the goal - repeal of any sort of socialized medicine.
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Reply 17 - Posted by:
msjena, 12/30/2012 9:24:36 AM (No. 9089797)
Very interesting. There is also a dissenting opinion. The Supreme Court will no doubt hear this issue. And I wouldn´t be so sure that Roberts is now a liberal.
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Reply 18 - Posted by:
philly_patriot, 12/30/2012 9:24:38 AM (No. 9089798)
The problem is the Supreme Court and great leader controls that ............... and he ............ will have additional appointments there.
Stevens ´holding on´ and a Roberts ´internal revelation´ will not help us ........ the Constitution and our Nation are doomed.
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Reply 19 - Posted by:
Zumkopf, 12/30/2012 9:33:30 AM (No. 9089819)
Sorry, boys and girls, but elections have consequences. By 2016 the vast majority of federal judges -- something like 85% -- will have been appointed by Clinton or Obama. Conservative Federal Court rulings are going to be as rare as conservative Democrats. It´s nice to have a victory today, but between this and John Roberts´ desire to be loved, any victory for our side is going to be ephemeral.
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Reply 20 - Posted by:
Rumblehog, 12/30/2012 9:53:29 AM (No. 9089865)
From the gut, I think Roberts knows he screwed up big time and needs to get back in good stead with the American people.
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Reply 21 - Posted by:
suziannr, 12/30/2012 9:58:56 AM (No. 9089878)
the Courts are not the final arbiter of our Constitution...we are. It stands or falls on the backs of we...the People.
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Reply 22 - Posted by:
chicodon, 12/30/2012 10:15:39 AM (No. 9089919)
#14 Which goes to show our entire tiered system of taxation should be unconstitutional.
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Reply 23 - Posted by:
Udanja99, 12/30/2012 10:15:39 AM (No. 9089920)
#15, exactly what I´ve been saying since Pelousy locked her doors to write this monstrosity. Worst case scenario is that one gets thrown in jail where one will get "free health care", including sex changes in some states.
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Reply 24 - Posted by:
Buzzman, 12/30/2012 10:18:53 AM (No. 9089924)
The Supreme Court is dead to me now. They have abdicated their responsibility to protect the people from unconstitutional laws.
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Reply 25 - Posted by:
Hobbiest, 12/30/2012 10:30:35 AM (No. 9089936)
Obamacare is going to suffer the same fate as McCain Feingold. There was great dismay when the court found that constitutional, too. Since then it has suffered death by 1,000 rulings and McCain Feingold didn´t need the support of the governors to work the way Obamacare does.
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Reply 26 - Posted by:
oh-heck, 12/30/2012 10:37:14 AM (No. 9089948)
The Supreme Court must rule on issues as they are brought to them. The religious liberty question was not brought to them because the penalties were not in the immediate future. In the case Sotomayor ruled on, the Appeals court had ruled against an injunction. In this case, the Appeals case properly ruled for the injunction. The Hobby Lobby family has decided to pay the fines until they get their day in court. So the religious liberty question will definitely get to the USSC,
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Reply 27 - Posted by:
kono, 12/30/2012 10:53:44 AM (No. 9089984)
A ray of hope in a world where the light of reason seems to be increasingly overcome by darkness.
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Reply 28 - Posted by:
RancherJack, 12/30/2012 10:55:36 AM (No. 9089987)
Sounds good.
Will never stand the test of total evil which is how Washington works.
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Reply 29 - Posted by:
Ray of Sunshine, 12/30/2012 11:10:24 AM (No. 9090007)
I must disagree...the USSC, doesn´t HAVE to decide or rule. It´s strictly up to their decreation if they will hear a particular case. But, settling differences between lower court rulings, is a major, traditional function & purpose of their existence. Pray that religious freedom prevails.
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Reply 30 - Posted by:
mickturn, 12/30/2012 11:12:43 AM (No. 9090013)
The underlying issue is that the Constitution does NOT put judges and courts in charge of any of this. The law is clearly unconstitutional and any judge that finds otherwise should be immediately impeached, removed from office and disbarred! Of course this includes Mr. Roberts who obviously found his own way to leave the law it self in place.
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Reply 31 - Posted by:
chefrandy, 12/30/2012 11:47:06 AM (No. 9090055)
Congrats to ACLJ and Korte/Luitjohan. The owners and their family members are active in our community and I´m glad they drew a line in the sand and went to bat against this.
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Reply 32 - Posted by:
planetgeo, 12/30/2012 11:53:19 AM (No. 9090065)
Unfortunately, there is a fatal flaw in the otherwise brilliant system of checks and balances that our founders created. They didn´t (and couldn´t) foresee that someday (now) the three branches wouldn´t truly be independent of one another. And the judicial branch in particular has been "dependent-ized" beyond repair.
The Supreme Court appointees now are clearly political apparatchiks rather than skilled and fiercely independent legal experts. The only thing that shocks me about Sotomayor, for example, is that she doesn´t wear a big, pink vagina outfit instead of black robes on the bench. What exactly are her qualifications other than being a liberal activist suckup?
No, our founders never envisioned the court system, and the Supreme Court in particular, as the surrogate dictator robber stamp pad. The entire system of judicial selection must be completely revamped and removed from the clutches of the political party system.
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Reply 33 - Posted by:
danshanteal, 12/30/2012 12:46:59 PM (No. 9090134)
Call Sandra Fluke and see what she and the sisterhood think.
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Reply 34 - Posted by:
bennie, 12/30/2012 12:48:27 PM (No. 9090137)
Good thing it wasn´t the 9th circus court. It undoubtedly would have gone the other way.
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Reply 35 - Posted by:
Gallo3, 12/30/2012 1:01:47 PM (No. 9090154)
Agree with #s 14, 22: the ´progressive´ system of taxation is the major problem, and we need to fight fire with fire: it is ´unfair´. Taken to its logical conclusion, we should have ´progressive´ gas prices, where if your income is at a certain level you would have to pay more for gas at the pump. or more for a loaf of bread, or higher prices for TV´s etc.
It must be attacked for being ´unfair´, the radical egalitarianists must be hoisted on their own Marxist petard.
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Reply 36 - Posted by:
Shucky, 12/30/2012 1:14:16 PM (No. 9090173)
the nation could be invaded, but we can´t compel a conscientious objector to shoot at the enemy in defense of himself, his family and the nation. yet, the democrats would demand that conscientious objectors provide the means to kill innocent babies.
the values of the left are misanthropic.
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Reply 37 - Posted by:
Timber Queen, 12/30/2012 2:40:35 PM (No. 9090270)
#15, #23 - Right On!
As for me and my house we will not comply. We will not comply with any local, state or federal regulation that smacks of Agenda 21 marxist redistributionist policies. Government only works with the consent of the governed, and that encompasses more than just casting a vote.
As for jail or prison, might that not be the best place? The socialists are letting out the truly violent, criminal, and the insane. Their end game is to construct a virtual prison by restricting our actions, devaluing our property, and stealing our labor´s just rewards. Why not live in a real prison where they will have to house, feed, and clothe us? Writers can write, artists can paint, readers can read, and the religous can study Scripture, unless of course they do the gulag thingy.
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Reply 38 - Posted by:
fayebeck, 12/30/2012 2:56:06 PM (No. 9090297)
#1 and #2. The liberals never quit until the final decision is in their favor.
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Reply 39 - Posted by:
roger h. cook,MD, 12/30/2012 4:08:26 PM (No. 9090357)
tHERE MUST BE SOMETHING WRONG ! tHESE LAWYERS HAVE COMMON SENCE.
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Reply 40 - Posted by:
roger h. cook,MD, 12/30/2012 4:38:17 PM (No. 9090375)
No. 3 ,the answer is NO!
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Reply 41 - Posted by:
Ida Lil, 12/30/2012 6:53:33 PM (No. 9090490)
This thread tells a story that is a shameful lack of the American independence we are supposed to acquire with birth. Every cry of woe is us we have lost and must bow to the dictators proves it we who are too sloth and timid to stand up and fight for the Constitution and our continued liberty. All talk and no action gives the tyrants their most secure impression that they have won without a fight. Do you want it all saved by someone else -- by their sacrifices? It seems that way.
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Reply 42 - Posted by:
Babsathome, 12/30/2012 7:22:06 PM (No. 9090516)
#21, 30 and 41 have laid out my feelings exactly. Time to put the grown up pants on and speak up! Fight for our God given Rights against tyranny. "Those who hammer their guns into plows will plow for those who did not." ~ Thomas Jefferson
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Reply 43 - Posted by:
Coy860, 12/30/2012 7:33:42 PM (No. 9090524)
I will never forgive Justice Roberts. I am old, and he signed my death warrant. No longer can I be assured a death with dignity. The angst is real. Thanks for nothing, Roberts.
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Posted By: Pluperfect- 4/6/2013 6:16:09 AM
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After 69 years, Newt Gingrich is wealthy, a celebrity, and the owner of a tony home in Northern Virginia. His place in the history books, as the leader of the Republican revolution, has long been established. But the former House speaker isn’t ready to fade away. “I don’t rule it out,” he said on Thursday over breakfast, when asked about a future presidential run. He spoke excitedly about his company, Gingrich Productions, and his upcoming trip to South Carolina, where he won the Republican primary last year. Gingrich’s unflagging energy isn’t surprising.
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Going with his parental gut, President Obama applauded in 2011 when Health and Human Services Secretary Kathleen Sebelius barred girls under 17 from obtaining the morning-after pill without a prescription. He pictured 10- and 11-year-olds buying pregnancy prevention medicine as easily as bubble gum and drew a line. “As the father of two daughters, it makes sense to apply some common sense,” the President said. Now, a Brooklyn federal judge has ruled that moms and dads — including the ones in the White House — are owed no legal say over whether very young daughters can pop a hormonal contraceptive
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Posted By: Pluperfect- 4/6/2013 5:39:43 AM
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Posted By: Pluperfect- 4/6/2013 5:05:20 AM
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Posted By: Pluperfect- 4/5/2013 10:43:57 AM
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Posted By: Pluperfect- 4/4/2013 5:59:00 AM
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Posted By: Pluperfect- 4/4/2013 5:34:23 AM
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White House officials are now openly conceding that President Obama´s gun control package could die on Capitol Hill, a development analysts said would cast a pall over the president´s second-term agenda and weaken his leverage with Republicans. The president´s trek to Denver on Wednesday was his latest attempt to regain momentum on the issue of gun violence, on which Obama has so far failed to close a deal despite a substantial investment of political capital. "There doesn´t have to be a conflict between protecting our citizens and protecting our Second Amendment rights," Obama said,
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Michelle Obama has admitted that she is already tired of the bangs she first sported in January. The First Lady said in an interview with Entertainment Tonight: ´Bangs are a day-by-day proposition. They´re starting to grow out, get a little irritating.´ Still, she hasn´t let her hairdo woes get her down. ´It´s okay,´ she said after her initial complaint. ´We´ll be good.´ The first indication that her hairstyle was becoming a burden came about last weekend, when Malia, 14, was spotted adjusting her mother´s hair during the White House Easter Egg Roll.
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Why Obama´s ´Best-Looking Attorney General´ Comment Was a Gaffe
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Posted By: Oblio- 4/6/2013 6:51:15 AM
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President Obama´s biggest gaffe yesterday when speaking of California Attorney General Kamala Harris was not in flirtatiously complimenting her as "the best-looking attorney general," but in introducing an observation from the system of beauty into a forum that was about the system of power.What´s that, you say? Irin Carmon does a great job in Salon in laying out the bounds of propriety for when it´s appropriate to talk about a woman´s looks as a general matter. But I´ve long felt we lack a solid theoretical underpinning for easily discussing these issues, and why precisely it is that
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Christians, here´s why we´re losing our religion
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Fox News, by Craig Groeschel
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Posted By: STLstudent- 4/7/2013 5:13:55 PM
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Recent research indicates that the number of people who do not consider themselves a part of an organized religion is steadily on the rise. Interestingly enough, though the number of those religiously unaffiliated is increasing, there is little to no trend in the number of those who express atheist or agnostic beliefs. People aren’t saying they don’t believe in God. They’re saying they don’t believe in religion. They are not rejecting Christ. They are rejecting the church. This begs the question, “Why are we losing our religion?”
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Broadcasters worry about ´Zero TV´ homes
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Associated Press, by Ryan Nakashima
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Posted By: Ribicon- 4/7/2013 2:43:40 PM
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Los Angeles — Some people have had it with TV. They´ve had enough of the 100-plus channel universe. They don´t like timing their lives around network show schedules. They´re tired of $100-plus monthly bills. A growing number of them have stopped paying for cable and satellite TV service, and don´t even use an antenna to get free signals over the air. (Snip) Last month, the Nielsen Co. started labeling people in this group "Zero TV" households, because they fall outside the traditional definition of a TV home. There are 5 million of these residences in the U.S., up from
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Mother Of Slain Benghazi Officer To Sean Hannity: ‘They Want Me To Shut Up’
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Mediaite, by A.J. Delgado
Original Article
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Posted By: StormCnter- 4/7/2013 5:00:16 AM
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On Friday, Sean Hannity brought Pat Smith, mother of the late Sean Smith, on his radio program. The 34-year-old information management officer was one of four Americans murdered in the Benghazi embassy attack on September 11, 2012. In the chilling interview, a distraught Ms. Smith, in tears, pleaded for answers and spoke of the efforts to silence her. Ms. Smith first relayed how her son, prior to the attack, requested additional security in advance and warned the State Department: He did tell them, ahead of time, he typed it into his little typewriter over there,
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Hillary Clinton Would Not ´Clear the Field´ for 2016
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New Republic, by Tod Lindberg
Original Article
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Posted By: StormCnter- 4/6/2013 5:22:36 AM
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No one is more preoccupied these days with Hillary Clinton´s 2016 plans than the Beltway political class—not even the former presidential candidate herself. To hear some tell it, her decision will be dispositive for all other Democrats thinking of entering the race. And pundits and reporters aren´t the only ones positing the "The Hillary Factor": No less than the House Democratic whip, Steny Hoyer, told BuzzFeed, “I don´t know that anybody would run against Hillary…. If she runs, she clears the field.” It´s an understandable conclusion, given Clinton´s stature in the Democratic Party and her 70 percent
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Obama critic apologizes for his ´poorly chosen words´ on gay marriage
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The Hill [Washington DC], by Alexandra Jaffe
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Posted By: JoniTx- 4/6/2013 12:18:19 PM
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Neurosurgeon Ben Carson, considered by some to be a potential Republican contender for president, apologized to Johns Hopkins University for the "poorly chosen words" he used in expressing his opposition to gay marriage last month.“I am sorry for any embarrassment this has caused,” Carson said in the letter, reported in New York Magazine.(Snip) "Although I do believe marriage is between a man and a woman, there are much less offensive ways to make that point. I hope all will look at a lifetime of service over some poorly chosen words.” Carson will remain as commencement speaker at Johns Hopkins,
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Vanishing workforce weighs on growth
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Washington Post, by Jim Tankersley
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Posted By: Dreadnought- 4/6/2013 11:28:59 PM
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Put out an all-points bulletin: Millions of Americans have gone missing from the workforce. Every month that those would-be workers are gone raises the odds that they might never come back, dimming the prospects for future economic growth. The vanishing trend is more than a decade old, but it accelerated during the Great Recession. Throughout 2012, economists held out hope that it had stopped. But then came Friday’s jobs report, and hopes were dashed. The Labor Department reported that the U.S. labor force — everyone who has a job or is looking for one — shrank
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The Secrets of Princeton
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New York Times, by Ross Douthat
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Posted By: Oblio- 4/7/2013 8:08:09 AM
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Susan Patton, the Princeton alumna who became famous for her letter urging Ivy League women to use their college years to find a mate, has been denounced as a traitor to feminism, to coeducation, to the university ideal. But really she’s something much more interesting: a traitor to her class. Her betrayal consists of being gauche enough to acknowledge publicly a truth that everyone who’s come up through Ivy League culture knows intuitively —
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Beyonce, Jay-Z celebrate 5th anniversary in Havana, Cuba
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Los Angeles Times, by Nardine Saad
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Posted By: Fiesta del sol- 4/6/2013 8:20:04 AM
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Beyonce and Jay-Z celebrated their fifth wedding anniversary in Cuba this week. The couple, who married on April 4, 2008, took in the sights of Old Havana, visited a school, dined on a rooftop terrace and strolled the fan-filled streets in their island best.(snip).The power couple declined to answer journalists´ questions about their visit to the island nation, but some outlets are reporting that the moguls are there as tourists, though that would be illegal because of the half-century embargo the U.S. has on the Communist country. However, the Miami Herald said Washington has issued special licenses for
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