Jay Sekulow: August 2009 Archives

It did not take long for the media and politicos to start speculating about what the death of Senator Kennedy will mean to the current debate on health care and other vital issues.

Just hours after his death, a call from some to turn Obama-care into Kennedy-care.  Some are vowing to "win one for Teddy."

Top Democrats are hoping to rally the troops - to reenergize efforts to pass health care legislation.

Barry, I'm pleased to see that you brought up President Obama's use of religion during his conference call designed to drum up additional support among religious Americans for his health care plan.  I'm glad that you're concerned, but disappointed that your response is so muted.  Where's the outrage, Barry?

Your comments barely reflect a slap on the wrist.  If this had been President Bush, you would have issued a press release, sent out a blast email, drafted a letter of concern to the President, and launched a web-based campaign.  I can see the image now - President Bush with a large cross behind him (super-imposed with a montage of Evangelical leaders).  And, maybe a graphic title like:  President Bush crosses the line - violates separation of church and state!

Barry, it looks like the White House got the message:  its email 'flagging' operation appears to have been disabled.

As I reported to you last week, the White House launched in early August what can only be described as a citizen reporting program.  The program was unveiled on the White House website by Macon Phillips, the White House Director of New Media.  As you recall, Phillips claimed that "[t]here is a lot of disinformation about health insurance reform out there" both on the web and floating around in chain emails.  Phillips stated that "[s]ince we can't keep track of all of them here at the White House, we're asking for your help. If you get an email or see something on the web about health insurance reform that seems fishy, send it to flag@whitehouse.gov."

Barry, there's a troubling pattern developing as the White House and Congressional leadership embark on a campaign to silence their critics - especially when it comes to concerns about health care.

Example One:  Last week, in an official White House release from Macon Phillips, the White House Director of New Media, the White House launched what can only be described as a citizen reporting initiative on the White House website.  Phillips claimed that "[t]here is a lot of disinformation about health insurance reform out there" both on the web and floating around in chain emails.  He stated that "[s]ince we can't keep track of all of them here at the White House, we're asking for your help. If you get an email or see something on the web about health insurance reform that seems fishy, send it to flag@whitehouse.gov."

Barry, I don't believe that school vouchers run afoul of the First Amendment, and neither does the Supreme Court.  In Zelman v. Simmons-Harris, a school voucher case, the Supreme Court explained that its Establishment Clause jurisprudence makes it clear that:

where a government aid program is neutral with respect to religion, and provides assistance directly to a broad class of citizens who, in turn, direct government aid to religious schools wholly as a result of their own genuine and independent private choice, the program is not readily subject to challenge under the Establishment Clause.

Even in the majority opinion in Locke v. Davey, which was joined by Justices Ginsburg, Stevens, Breyer, and Souter, the Court recognized that "[u]nder our Establishment Clause precedent, the link between government funds and religious training is broken by the independent and private choice of recipients."