Dispatches from the Creation Wars

The Thomas More Law Center sent out a press release on Monday indicating that they’re going to file a lawsuit against the health care reform bill. Here’s their argument:

Among the constitutional objections raised in the lawsuit will be Congress’s lack of authority to require private citizens to purchase or obtain health care coverage under penalty of federal law, as well as forcing Americans who oppose abortions to fund them with their tax dollars in violation of their fundamental rights of conscience and the free exercise of religion.


The first argument has a slim chance. It’s at least not patently ridiculous. And I actually agree that the insurance mandate is both a bad idea and an unjust one. I still think it’s quite unlikely to succeed in court. Ironically, in order to make this case, they’re going to have to ask “unelected judges” to “invent a new right” because nowhere is a right not to pay for insurance enumerated in the constitution. How “activist” of them.

The second argument, on the other hand, is simply absurd. First, because there is no government funding for abortion in the bill in the first place. But even if there was, the premise of this argument is simply idiotic. There is not a single taxpayer in this country who is not forced to contribute to government policies they find morally objectionable. If that fact really meant that the government can’t undertake a given policy, the government could do nothing at all.

Imagine how loudly the TMLC would ridicule anyone who suggested that the government could not go to war because it would violate the “fundamental rights of conscience and the free exercise of religion” of those who have a moral objection to the war. And this is why they are such a laughable organization.