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Our Nation’s First Thanksgiving

November 21, 2012 by

Our Nation’s first Thanksgiving occurred in 1789.  Of significance, the first act after the Founding Fathers framed the Bill of Rights, which prohibited the establishment of religion, was to pass a resolution thanking “Almighty God” for their many blessings he had poured down upon them.  Accordingly, they requested President George Washington to announce a “Day of Public Thanksgiving and Prayer.”  Washington enthusiastically agreed.  Below is the first federal Thanksgiving proclamation issued by President Washington.

Happy Thanksgiving from the staff of the Thomas More Law Center

Richard Thompson


General Thanksgiving

By the PRESIDENT of the United States Of America

A PROCLAMATION – 1789

WHEREAS it is the duty of all nations to acknowledge the providence of Almighty God, to obey His will, to be grateful for His benefits, and humbly to implore His protection and favour; and Whereas both Houses of Congress have, by their joint committee, requested me “to recommend to the people of the United States a DAY OF PUBLICK THANKSGIVING and PRAYER, to be observed by acknowledging with grateful hearts the many and signal favors of Almighty God, especially by affording them an opportunity peaceably to establish a form of government for their safety and happiness:”

Thanksgiving 1(1)NOW THEREFORE, I do recommend and assign THURSDAY, the TWENTY-SIXTH DAY of NOVEMBER next, to be devoted by the people of these States to the service of that great and glorious Being who is the beneficent author of all the good that was, that is, or that will be; that we may then all unite in rendering unto Him our sincere and humble thanks for His kind care and protection of the people of this country previous to their becoming a nation; for the signal and manifold mercies and the favorable interpositions of His providence in the course and conclusion of the late war; for the great degree of tranquility, union, and plenty which we have since enjoyed;– for the peaceable and rational manner in which we have been enable to establish Constitutions of government for our safety and happiness, and particularly the national one now lately instituted;– for the civil and religious liberty with which we are blessed, and the means we have of acquiring and diffusing useful knowledge;– and, in general, for all the great and various favours which He has been pleased to confer upon us.

George Washington 2(1)And also, that we may then unite in most humbly offering our prayers and supplications to the great Lord and Ruler of Nations and beseech Him to pardon our national and other transgressions;– to enable us all, whether in publick or private stations, to perform our several and relative duties properly and punctually; to render our National Government a blessing to all the people by constantly being a Government of wise, just, and constitutional laws, discreetly and faithfully executed and obeyed; to protect and guide all sovereigns and nations (especially such as have shewn kindness unto us); and to bless them with good governments, peace, and concord; to promote the knowledge and practice of true religion and virtue, and the increase of science among them and us; and, generally to grant unto all mankind such a degree of temporal prosperity as he alone knows to be best.

GIVEN under my hand, at the city of New-York, the third day of October, in the year of our Lord, one thousand seven hundred and eighty-nine.
(signed) G. Washington

Filed Under: Uncategorized

A Victory in the War on Christmas – Thomas More Law Center’s Success in Nativity Display Lawsuit

November 13, 2012 by

ANN ARBOR, MI — After four years of litigation by the Thomas More Law Center, John Satawa will once again be able to erect a Nativity display on a public median in Warren, Michigan—a tradition that his family and neighbors have been observing every Christmas since 1945.

Richard Thompson, President and Chief Counsel of the Law Center, commented: “Every December, militant secularists declare war on Christmas celebrations. This is one battle they lost. And we are extremely pleased that Mr. Satawa and his neighbors will be able to resume their wonderful tradition just in time for this Christmas.”

The Nativity display had been erected and maintained by members of the Satawa family and their neighbors every Christmas since 1945 without a single complaint.  However, in December 2008 the Macomb County Road Commission received a letter from the Freedom From Religion Foundation which claimed the presence of the Nativity display on the public median violated the constitutional principle of separation of church and state. Link to Letter

Reacting to the letter, on March 9, 2009 the Road Commission issued a formal denial of Satawa’s Nativity permit application claiming as its reason that it “displays a religious message.”

After the Commission’s denial, Mr. Satawa contacted the Thomas More Law Center, a national public interest law firm based in Ann Arbor Michigan, for help.  On October 23, 2009 the Thomas More Law Center filed a lawsuit against the Road Commission.  Link to Lawsuit

A Federal District Court in Detroit initially sided with the Road Commission’s ban on Satawa’s Nativity display.  However, in August 2012 the U.S. Court of Appeals for the Sixth Circuit reversed the District Court decision and ruled in favor of Satawa’s right to erect the Nativity display.  As a result of that ruling, the Macomb County Road Commission agreed to allow John Satawa to resume the annual tradition of erecting the nativity display at its location on Mound Road in Warren during the 2012 Christmas season and all future Christmas seasons.  The Nativity display is expected to go up this year on December 15th.

The Thomas More Law Center defends and promotes America’s Judeo-Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

In Honor of Our Veterans – November 11, 2012

November 10, 2012 by

Dear TMLC Friends and Supporters:

army veteransSunday we commemorate with solemn pride Veterans Day!  We honor and remember the contribution and sacrifice of all veterans wherever and whenever they served.

From Lexington and Valley Forge to Normandy, Korea, and Vietnam, —and now to Iraq and Afghanistan—America’s military forces have fought for freedom in defense of our great Nation.  Veterans Day is not only a time to remember the heroic sacrifices of our military throughout our nation’s history, but also to remember the heroic sacrifices our men and women are making today in Afghanistan—and in places yet unknown.

marine funeralLet us take time to pray for our troops who have died in battle, and for their loved ones who still mourn their great loss.  Let us also pray for our troops who remain in harm’s way today.

Their willingness to serve allows us to live freely, enjoying the abundances and splendor of America.

It is appropriate on this Veterans Day to remember the statement contained in a December 4, 1788 letter from Thomas Jefferson to George Washington.  It is embossed over the staircase of the Jefferson Library at the U.S. Military Academy at West Point.

“The power of making war often prevents it and in our case would give efficacy to our desire for peace.”

God bless our veterans and God bless America.

Sincerely yours,

RT Signature - Blue(9)
Richard Thompson

President and Chief Counsel
Thomas More Law Center

Watch a Moving Video of American Veterans who fought for OUR freedom!

Filed Under: Uncategorized

Federal Judge Grants Preliminary Injunction Halting Enforcement of the HHS Mandate Against Michigan Corporation and Its Owner

November 1, 2012 by

ANN ARBOR, MI – Federal District Court Judge Robert H. Cleland of the Eastern District of Michigan, issued an opinion yesterday evening granting a motion for Preliminary Injunction that effectively halts enforcement of the HHS mandate against Plaintiffs Weingartz Supply Company and its owner and president, Daniel Weingartz. The motion was brought by the Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor, Michigan.

Erin Mersino, TMLC’s lead counsel on the case who presented the oral argument in support of Plaintiffs, commented,   “The federal court has found that our clients have a likelihood of success and would be irreparably harmed by the unconstitutional overreaching of the HHS mandate.  This is not only a victory for our clients, but for religious freedom.”

The HHS mandate refers to regulations adopted by the Department of Health and Human Services that forces employers, regardless of their religious convictions, to provide insurance coverage for abortion-inducing drugs, sterilization, and contraception under threat of heavy penalties.

In ruling for the Weingartz Plaintiffs, Judge Cleland emphasized that “[t]he loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.”  He concluded, “The harm in delaying the implementation of a statute that may later be deemed constitutional must yield to the risk presented here of substantially infringing the sincere exercise of religious beliefs.  The balance of harms tips strongly in Plaintiffs’ favor.  A preliminary injunction is warranted.”

Judge Cleland denied without prejudice the motion brought on behalf of Legatus for reasons stated below.

Click here to read Judge Cleland’s entire opinion.

On May 6, 2012, TMLC, filed a federal lawsuit challenging the HHS mandate on behalf of Legatus, the Nation’s largest organization of top Catholic business owners and CEOs, and the Michigan-based Weingartz Supply Company and its president Daniel Weingartz.

The motion for Preliminary Injunction on behalf of Plaintiffs was filed on August 15, 2012.   Judge Cleland heard oral arguments on the motion on September 28, 2012.

Named as defendants in TMLC’s lawsuit were Obama administration officials responsible for implementation of the HHS mandate promulgated under the Patient Protection and Affordable Care Act (Obamacare).  Included were: Kathleen Sebelius, Secretary of the Department of Health and Human Services; Hilda Solis, Secretary of the Department of Labor; Timothy Geithner, Secretary of the Department of Treasury; and their respective departments.

Judge Cleland reiterated in his written opinion what he told both sides at the beginning of the oral augments on September 28th, namely, whatever ruling he grants, the case will continue to be litigated.

Judge Cleland denied the motion for preliminary injunction on behalf of Legatus without prejudice on the grounds that he is not persuaded that Legatus has standing to bring its claim at this time.  He cited recent cases where other courts deciding the identical issue found that non-profit organizations protected under the safe harbor do not have standing because their injury is conjectural.  The Government has represented that the HHS mandate regulations are being amended to accommodate the religious liberty concerns of non-profit organizations like Legatus.

Importantly, Judge Cleland noted that in the event the Government acts in a way inimical to the rights Legatus seeks to protect, Legatus can again approach the court with its concerns at that time.

Moreover, Judge Cleland directed the government to file a brief statement describing the status of the amendment process for final regulations occurring under the temporary enforcement safe harbor not later than the first Monday of each month.

TMLC’s lawsuit challenges the constitutionality of the HHS Mandate under the First Amendment, specifically the Free Exercise of Religion and Free Speech clauses.   It also claims that the HHS Mandate violates the Religious Freedom Restoration Act of 1993 and the Administrative Procedure Act.

Although several cases across the country challenging the constitutionality of the HHS mandate have been dismissed by federal courts on technical grounds, Judge Cleland is the second federal judge to grant a motion for preliminary injunction.

Filed Under: Uncategorized

Federal Judge Grants Preliminary Injunction Halting Enforcement of the HHS Mandate Against Michigan Corporation and Its Owner

November 1, 2012 by

ANN ARBOR, MI – Federal District Court Judge Robert H. Cleland of the Eastern District of Michigan, issued an opinion yesterday evening granting a motion for Preliminary Injunction that effectively halts enforcement of the HHS mandate against Plaintiffs Weingartz Supply Company and its owner and president, Daniel Weingartz. The motion was brought by the Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor, Michigan.

Erin Mersino, TMLC’s lead counsel on the case who presented the oral argument in support of Plaintiffs, commented,   “The federal court has found that our clients have a likelihood of success and would be irreparably harmed by the unconstitutional overreaching of the HHS mandate.  This is not only a victory for our clients, but for religious freedom.”

The HHS mandate refers to regulations adopted by the Department of Health and Human Services that forces employers, regardless of their religious convictions, to provide insurance coverage for abortion-inducing drugs, sterilization, and contraception under threat of heavy penalties.

In ruling for the Weingartz Plaintiffs, Judge Cleland emphasized that “[t]he loss of First Amendment freedoms, for evenminimal periods of time, unquestionably constitutes irreparable injury.”  He concluded, “The harm in delaying the implementation of a statute that may later be deemed constitutional must yield to the risk presentedhere of substantially infringing the sincere exercise of religious beliefs.  The balance ofharms tips strongly in Plaintiffs’ favor.  A preliminary injunction is warranted.”

Judge Cleland denied without prejudice the motion brought on behalf of Legatus for reasons stated below.

Click here to read Judge Cleland’s entire opinion.

On May 6, 2012, TMLC, filed a federal lawsuit challenging the HHS mandate on behalf of Legatus, the Nation’s largest organization of top Catholic business owners and CEOs, and the Michigan-based Weingartz Supply Company and its president Daniel Weingartz.

The motion for Preliminary Injunction on behalf of Plaintiffs was filed on August 15, 2012.   Judge Cleland heard oral arguments on the motion on September 28, 2012.

Named as defendants in TMLC’s lawsuit were Obama administration officials responsible for implementation of the HHS mandate promulgated under the Patient Protection and Affordable Care Act (Obamacare).  Included were: Kathleen Sebelius, Secretary of the Department of Health and Human Services; Hilda Solis, Secretary of the Department of Labor; Timothy Geithner, Secretary of the Department of Treasury; and their respective departments.

Judge Cleland reiterated in his written opinion what he told both sides at the beginning of the oral augments on September 28th, namely, whatever ruling he grants, the case will continue to be litigated.

Judge Cleland denied the motion for preliminary injunction on behalf of Legatus without prejudice on the grounds that he is not persuaded that Legatus has standing to bring itsclaim at this time.  He cited recent cases where other courts deciding the identical issue found that non-profit organizations protected under the safe harbor do not have standing because their injury is conjectural.  The Government has represented that the HHS mandate regulations are being amended to accommodate the religious liberty concerns of non-profit organizations like Legatus.

Importantly, Judge Cleland noted that in the event the Government acts in a way inimical to the rights Legatus seeks to protect, Legatus can again approach the court with its concerns at that time.

Moreover, Judge Cleland directed the government to file abrief statement describing the status of the amendment process for final regulations occurring under the temporary enforcement safe harbor not later than the first Monday of each month.

TMLC’s lawsuit challenges the constitutionality of the HHS Mandate under the First Amendment, specifically the Free Exercise of Religion and Free Speech clauses.   It also claims that the HHS Mandate violates the Religious Freedom Restoration Act of 1993 and the Administrative Procedure Act.

Although several cases across the country challenging the constitutionality of the HHS mandate have been dismissed by federal courts on technical grounds, Judge Cleland is the second federal judge to grant a motion for preliminary injunction.

The Thomas More Law Center defends and promotes America’s Judeo-Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

House Armed Forces Committee Members Question Harsh Discipline of Officer Teaching Course “Offensive to Muslims”

October 15, 2012 by

news_img_3349ANN ARBOR, MI – ANN ARBOR, MI – Two Members of the House Armed Services Committee, Congressmen Tom Rooney (R-FL) and Duncan Hunter Jr. (R-CA), sent a letter to General Martin Dempsey, Chairman of the Joints Chiefs of Staff questioning why Lieutenant Colonel (LTC) Matthew Dooley was given a negative Officer Evaluation Report (OER) on the grounds his instruction of a course on Radical Islam was offensive to Muslims and Islam.

Their letter dated October 10, 2012 states in part:

“It appears that LTC Dooley led this course well within the scope of NDU’s professorial guidelines, as NDU’s own Faculty Handbook states: “Academic Freedom at National Defense University is defined as freedom to pursue and express ideas, opinions, and issues germane to the University’s stated mission, free of limitations, restraints, or coercion by the University or external environment.”

It is our understanding that LTC Dooley did not violate any established University practices, policies or DoD regulations to merit a negative OER.”

The Congressmen’s letter concerns actions taken by General Dempsey earlier in the year when he publicly excoriated Lieutenant Colonel Matthew Dooley at a May 10, 2012 news conference claiming the course LTC Dooley was teaching at the Joint Forces Staff College (JFSC) was offensive to Muslims. General Dempsey caused LTC Dooley to be fired as an instructor, ordered his course,Perspectives on Islam and Islamic Radicalism, to be discontinued and that all material considered offensive to Islam be scrubbed from military professional education within JFSC and elsewhere within his command.  General Dempsey further ordered that LTC Dooley be given a negative Officer Evaluation Report—the death knell for a military career.

Click here to read entire letter.

Tom Rooney was elected to the U.S. House of Representatives in 2008.  Prior to that time, he served four years in the United States Army Staff Judge Advocate (SJA).  During his years in SJA he served as Special Assistant to the U.S. Attorney at Fort Hood, TX prosecuting all civilian crimes on post.  In 2002, Tom was selected to teach Constitutional and Criminal Law at the United States Military Academy at West Point.

Prior to his election as a congressman from California, Duncan Hunter Jr. served as an officer in the Marine Corps.  He served three combat tours overseas: two in Iraq and one in Afghanistan.

The Congressmen’s letter asks “[W]hy the DoD was compelled to further discipline LTC Dooley by jeopardizing his reputation and his future in the service.”

LTC Matt Dooley attended the United States Military Academy at West Point, where he graduated and received his commission as a Second Lieutenant, Armor Branch in May 1994.  His assignments included deployment to Bosnia, Kuwait, and Iraq for a total of six operational and combat tours over the course of his career.   He served as a Tank Platoon Leader, Tank Company Commander, Headquarters Company Commander, Aide-de-Camp (to three General Officers), and Instructor at the Joint Combined Warfare School.  He is a graduate of the Command and General Staff College as well as the Joint Forces Staff College.

The Thomas More Law Center, a national nonprofit public interest law firm, based in Ann, Arbor, Michigan, represents LTC Dooley.

Richard Thompson, President and Chief Counsel of the Law Center observed,

“The purpose of the Army is to fight and win wars.  So what happened to LTC Dooley is more than a personal miscarriage of justice.  When instructors are prohibited from teaching military officers about the true threat posed by Islamic Radicalism, it is a threat to our national security. Our warfighting potential is thus being crippled by the political correctness and appeasement of radical Muslims currently in vogue at the upper echelons of the Pentagon.” 

A review of LTC Dooley’s OERs going back several years, including his OER as an instructor with JFSC, paint a picture of an outstanding officer with unlimited potential:

  • “LTC Matt Dooley’s performance is outstanding and he is clearly the best of our new instructors assigned to the JFSC faculty over the last six months. . . . A must select for battalion command. . . .  LTC Dooley possesses unlimited potential to serve in positions of much higher authority.”
  • “MAJ Dooley is unquestionably among the most dedicated and hard working officers I have ever known.…  Unsurpassed potential for future promotion and service.”
  • “Our soldiers deserve his leadership.”
  • “This officer possesses unlimited potential for future assignments.  He must be promoted ahead of his peers and selected for Battalion/Squadron Command at first opportunity.”
  • “Superb performance.”
  • “Matt is a consummate professional with unlimited potential;”

LTC Dooley’s awards and decorations include the Bronze Star Medal, the Meritorious Service Medal with two Oak Leaf Clusters, the Joint Service Commendation Medal, the Army Commendation Medal with three Oak Leaf Clusters, the Army Achievement Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal with Star, Medal, the Iraq Campaign Medal with Two Stars, both the Global War on Terrorism Service and Expeditionary Medals, the Armed Forces Service Medal, the NATO Medal, the Parachutist Badge, the Air-Assault Badge, and two Army Superior Unit Awards.

Filed Under: Uncategorized

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