10th Circuit Rules that Little Sisters of the Poor Because … Well … The 10 Circuit Judges are Idiots.

Photo Source: Flickr Creative Commons by Goat_Girl https://www.flickr.com/photos/112363286@N08/

Photo Source: Flickr Creative Commons by Goat_Girl https://www.flickr.com/photos/112363286@N08/

The 10th Circuit Court of Appeals has ruled that the Little Sisters of the Poor are not affiliated with a specific church and they are a non-profit, so the First Amendment doesn’t apply to them.

Ditto for the Christian Brothers Services and Christian Brothers Employee Benefit Trust, the Catholic organization through which the Little Sisters buy their insurance.

This is how the on-going war against people of faith is played out. It rides in on the back of the legal sophistry that the First Amendment only applies to recognized churches and then only to what is done within the aegis of that recognized church. The verbiage is to limit “freedom of religion” to “freedom to worship.” This kind of limitation effectively destroys our most cherished freedoms, including freedom of speech as well as freedom of religion.

The 10th Circuit has bought into this fiction big time, because … well because they are idiots. Or rather, because they are ideologues. But, to paraphrase Mark Twain, I repeat myself.

There is a growing — and I mean rapidly growing — opinion in this country that We the People should begin to ignore the courts. That is a dangerous notion that I will write about at length later. But the public attitude underlying it has its roots in this kind of absurd ruling. This is a re-writing and abrogation of the First Amendment that damages the freedoms and liberties of every American citizen today and into future generations.

The people who support this are throwing away their own freedoms for no other reason than a desire to get at someone whose opinion and beliefs they do not share. The courts are playing fool to this because — and this seems obvious — at least a number of members of the judiciary are ideologues with only a narrow understanding of their responsibilities to our country.

This particular move comes from the hubris of a president who seems addicted to an imperial view of himself and his office. How many times has President Obama made statements that he can do enact policy without Congress? How many times has Congress answered him in the affirmative?

Congress has always had the power to rescind the HHS Mandate. They did not have to let it go into effect in the first place. They have not used this power in any way except as a campaign tool to win elections. If campaign promises were Congressional action, this would be an entirely different country in which We the People would have some hope of making a difference when we vote.

As it is, most of us have figured out that, no matter who we elect, they end up lying to us, ignoring us and doing things that hurt us. Why should we be surprised when the judges these folks we elect appoint behave in the same way?

The 10th Circuit does have have the last say on this issue. The Supreme Court can chose to hear the case and rule on it. The question is, will they?

As for the Little Sisters of the Poor, they intend to continue in their ministry and stay faithful to their faith. This is the challenge and the example for each and every one of us.

From CNA Daily News here at Patheos:

Disappointment follows ruling against Little Sisters in mandate case

Denver, Colo., Jul 14, 2015 / 11:29 am (CNA/EWTN News).- The Little Sisters of the Poor have reiterated their commitment to following their conscience as they care for the poor and dying, following a federal appeals court ruling that they must obey the federal contraception mandate.

“As Little Sisters of the Poor, we simply cannot choose between our care for the elderly poor and our faith,” said Mother Provincial Sr. Loraine Marie Maguire.

“And we should not have to make that choice, because it violates our nation’s commitment to ensuring that people from diverse faiths can freely follow God’s calling in their lives. For over 175 years, we have served the neediest in society with love and dignity. All we ask is to be able to continue our religious vocation free from government intrusion.”

Sr. Maguire responded to a Tenth Circuit Court of Appeals ruling against the Little Sisters of the Poor on July 14.

The sisters are among several hundred plaintiffs that have challenged the federal contraception mandate, which requires employers to offer health insurance plans covering contraception, sterilization and some drugs that can cause early abortions.

Employers who fail to comply with the mandate face crippling penalties. In the case of the Little Sisters, the fines could amount to around $2.5 million a year, or about 40 percent of the $6 million the Sisters beg for annually to run their ministry.

Met with a wave of protest, the contraception mandate has undergone a number of revisions. However, the sisters say that it still requires them to violate their beliefs.

 

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“A Shepherd Cannot Run Away,” Father Stanley Rother, Martyr

This is my first blog post for the National Catholic Register. It’s about Father Stanley Rother, martyr, a priest who refused to flee his post to save himself.

American Martyr Fr. Stanley Rother: “A

Shepherd Cannot Leave His Flock”

“The reality is that we are in danger.
This is one of the reasons I have for staying in the face of physical harm.
The shepherd cannot run away at the first sign of danger. Pray for us…”
Father Stanley Rother, 18 months before his martyrdom

In Okarche Oklahoma, the sky goes on forever and the wind never stops blowing.

Father Stanley Rother lies in an unpretentious grave in a tiny church cemetery on a road that you’ll miss if you aren’t looking carefully. His grave, which is one of many with the name “Rother” on it, is marked by a simple black headstone. The only thing that sets it apart is the necklace of stones ringing its edges.

Father Rother began his life here, on this prairie, in this town. He was confirmed and baptized in Holy Trinity Catholic Church, which is the only Catholic Church in Okarche. He offered his first Mass as a priest here.

His life ended in an isolated village in Guatemala when he fell in a hail of bullets. Last week, the Congregation of the Causes of Saints recognized Father Rother as a martyr, which puts him on the long road to official recognition as a saint of the Church.

Stanley Rother was as Oklahoman as the red dirt he tilled on his family’s farm


Read more: http://www.ncregister.com/blog/rhamilton/american-martyr-fr.-stanley-rother/#ixzz3f8wTMLa8

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Celebrating the Fortnight for Freedom 2015

Photo Source: Flickr Creative Commons by Ed Uthman https://www.flickr.com/photos/euthman/

Photo Source: Flickr Creative Commons by Ed Uthman https://www.flickr.com/photos/euthman/

I’ve overlooked the Fortnight for Freedom this year because of the rush events ranging from Pope Francis’ encyclical to the Supreme Court’s decision on gay marriage.

Let’s take today this weekend to meditate and pray over what it means to have the immense privilege of being a Christian who is also an American.

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Coming Out … Not Alone

Photo Source: Flickr Creative Commons by Dr Wendy Longo https://www.flickr.com/photos/wtlphotos/

Photo Source: Flickr Creative Commons by Dr Wendy Longo https://www.flickr.com/photos/wtlphotos/

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The Supreme Court’s War on Government Of, By and For the People

Photo Source: Flickr Creative Commons by david_jones https://www.flickr.com/photos/cloudsoup/

Photo Source: Flickr Creative Commons by david_jones https://www.flickr.com/photos/cloudsoup/

Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal. 

Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battle-field of that war. We have come to dedicate a portion of that field, as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this. 

But, in a larger sense, we can not dedicate — we can not consecrate — we can not hallow — this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion — that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth.

Abraham Lincoln
November 19, 1863

 

Can the Republic survive a federal government and a Supreme Court that is both corporatist and nihilist?

That is the question.

The United States Supreme Court has been waging a successful war on government of, by and for the people for several decades now. Roe v Wade and Obergefell v Hodges bookend an almost 50-year-old judicial bypass of democracy and the democratic process.

In both instances, the Supreme Court jumped into an arena where the democratic process was working very well. The Court slashed through the democratic process, ending it abruptly and disastrously. The democratic process was dealing with the question of legal abortion in the always-messy, always-effective way that is democracy in action. One state would legalize abortion in certain circumstances, another state would tighten abortion restrictions. The first state would revise its abortion laws again, and a third state would decide to legalize.

It would have taken time, but the democratic process was working this out according to the will of the people. There is no doubt that, if the Court had allowed the process to work, it would have worked. What we would have ended up with would have been a much more just and — this is crucial — culturally-agreed-upon solution. Our laws would have reflected the will of the people, and for that reason, they would have stood. There would have been a lot of electioneering and speechifying, but there would have been no destructive culture war and the resulting breakdown of the body politic which we have seen since Roe.

The Court, by injecting itself into a healthy, working democratic process, and arbitrarily ending that process by the use of the brute force of fictional “findings” in the Constitution, created an on-going Constitutional crisis such as this country had not seen since the Civil War. Flash forward 50 years, and we arrive at Obergefell v Hodges.

Yesterday’s Supreme Court decision was another slam-dunk of the democratic process on an issue that was being debated and legislated over time. There is no doubt that the democratic process would have resolved this issue had the courts stayed out of it. It would have taken time, and again, it would have been messy. But the end result would have been a solution that We the People accepted and that would not have damaged this country.

The DOMA decision of two years ago set the lower courts on their domino effect overturning of state statutes pertaining to the definition of marriage. That allowed the Supreme Court to do exactly what it intended when it overturned DOMA, which was to issue a draconian ruling. Yesterday’s decision was a judicial one-two punch. Anyone with half a brain could see that the issue had been decided when the Court set up the DOMA decision in the first place.

I suppose the lessons of Roe are why they decided to take this backdoor route to legislating from the bench. That, and the opinion polls which gave them the entirely false notion that they were acting in a manner that the public would accept.

Roe and Obergefell bookend tragic overstepping by the Supreme Court that have done and will do incalculable damage to the Republic. Roe shoved into the Constitution the legal fiction that some human beings are not in fact human and their lives have no value under the law. Obergefell destroys marriage as a legal construct. It enshrines cultural nihilism in the 14th Amendment and sets the Constitution on a collision course with itself.

Obergefell inevitably places the Supreme Court in the position of legislative arbiter on the limits and allowances of all manner of American freedoms which we have held dear and fought wars to preserve since this nation’s founding. We are going to see the Court’s ham-handed fine-tunings of the Bill of Rights on a plethora of challenges that will come from yesterday’s ruling. Each one of these subsequent rulings will do damage to American freedoms. Every ruling will limit the rights of We the People and will strengthen the Court’s power as a legislative body with dictatorial powers and no checks and balances.

Notice that I said that the yesterday’s ruling places the Supreme Court as the legislative arbiter. Obergefell is so destructive to the democratic process that it will inevitably remove whole areas of the law from the democratic process and place them entirely in the hands of the Court. The ruling is so nihilistic that it creates an arbitrary legal option for nihilism in future proceedings.

The Supreme Court has set aside democracy.

I mentioned corporatism a few paragraphs back. I am aware that my concern about corporatism confuses many Public Catholic readers. But corporatism, as practiced in America, is government, working entirely for multinational corporations who are like parasites draining every bit of economic vitality out of this country. Corporatism is not only a grave evil, it is the absolute enemy of the Republic.

These twin evils — corporatism and nihilism — are the underlying principles behind many of the Supreme Courts decisions in the past 10 years. The Supreme Court has become anti-democracy and subservient to corporatism.

The Court is not the only institution which serves corporatism and nihilism. Our legislative process is also poisoned by these twin evils, which are, at their root, very similar. Corporatists and nihilists share an absolute contempt for the will of the people. They are bedfellows in their parallel goal of side-stepping and annihilating the democratic process.

Their best friend in this is the United States Supreme Court.

The Court destroyed marriage as a legal entity yesterday. It also created a plethora of avenues by which basic American freedoms can be destroyed.

Advocates of gay marriage may themselves come to rue this decision. It will take time before that happens. A lot of tragedy and excess will have to play out before things get so ripe that everyone can smell the rot. But to the extent that gay marriage advocates value marriage and were simply trying to acquire the good of it for themselves, they have failed. Instead of buying the house, they burned it down.

The question before us is a relatively straightforward one, and the answer, at least to me, is equally straightforward. Can the Republic survive a Supreme Court that is both corporatist and nihilist?

The answer is no.

America may, as Rome did, go on as a great military power long after the Republic is dead. But democracy cannot survive if its own government turns on it and shuts it down. Corporatism, if we do not stop it, will be the death of democracy.

Nihilism, on the other hand, is such an unworkable social construct that it cannot govern at all. No society can survive as a nihilistic society. America will not go on as a great military power shorn of its democracy if nihilism prevails. America will fail horribly and fall into a debacle of ruin if it is governed by the forces of nihilism.

Nihilism and corporatism are very similar. Corporatism, is, at its root profoundly amoral. Nihilism is, at its root, profoundly anti-human.

American civilization was so strong that it has taken these blows and kept on walking. But the Republic cannot operate forever under the governance of corporatism and nihilism. America can be destroyed, not from without, but by the corruption of its institutions.

That is exactly what we are facing with our corporatist/nihilist Supreme Court and its ugly war on government, of, by and for the people.

 

 

For other thoughts on Obergefell v Hodges, read what Kathy Schiffer, Simcha Fischer, Pia de SolenniJane the ActuaryFather Michael Duffy, Frank Weathers, the Anchoress and Deacon Greg have to say.

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ISIS Offers “Beautiful Young Girls” as Sex Slaves to Winners of Koran Memorization Contest

Photo Source: Flickr Creative Commons by Matt Lemmon https://www.flickr.com/photos/mplemmon/

Photo Source: Flickr Creative Commons by Matt Lemmon https://www.flickr.com/photos/mplemmon/

Evidently, ISIS is sponsoring a Koran Memorization contest in honor of Ramadan in which “beautiful young girls,” said to be as young as 12 years of age, go to the winners.

The contest announcement, which was posted on Twitter, is below.

From The Jewish Press:

‘Soldiers of the Islamic State, Commanders and Troops, Greetings and salutations upon the advent of Ramadan, May it be the will of Allah to accept our fasts and prayers May Allah protect us all from the fires of hell.

Da’wa institutions and mosques hereby declare the opening of the Qur’an memorization competition, To include the following traditions (chapters):

Surat Al-Anfal (Surah prey), (Surah a-Ta’uvah) Surat Muhmad, and Surat Patikha (Surat opening). The competition will be held from 1 Ramadan 1436 to 21 Ramadan 1437.

Those who wish to participate may register at the following mosques: Mosque of Abu Bakr, Mosque of Osama Bin Laden, Mosque of Abu Musab a-Zarqawi (senior Al Qaeda official, the founder of ISIS assassinated in Iraq in 2006), and the Al Taqwa Mosque.

Allah willing, winners will be chosen between 21 Ramadan 1436 and 27 Ramadan 1437.

Competition Prizes:
Grand Prize Winner: ‘Sabia’ (a young girl)
Second Prize: Teenage girl
Third Prize: Teenage girl
Fourth place: 100,000 Syrian pounds ($530)
Fifth place: 90,000 Syrian pounds ($477)
Sixth place: 80,000 Syrian pounds ($424)
Seventh place: 70,000 Syrian pounds ($370)
Eighth place: 60,000 Syrian pounds ($317)
Ninth place: 50,000 Syrian pounds ($265)
Tenth place: 50,000 Syrian pounds ($265)

We ask Allah the Great to ease and help you on your way in serving Him as He desires.
Da’wa Institutions and Mosques

 

 

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Christians in the Muslim World: Egypt

Photo Source: Flickr Creative Commons by Gigi Ibrahim https://www.flickr.com/photos/gigiibrahim/

Photo Source: Flickr Creative Commons by Gigi Ibrahim https://www.flickr.com/photos/gigiibrahim/

This is a bit long, but I think it’s well worth watching.

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Will Gay Marriage Lead to “Marriage with Multiple Partners?” Emory Symposium Says No.

Photo Source: Flickr Creative Commons by Bombman https://www.flickr.com/photos/ajay_g/

Photo Source: Flickr Creative Commons by Bombman https://www.flickr.com/photos/ajay_g/

If the Supreme Court creates a 14th Amendment right to gay marriage in it upcoming decision, will that open the gateway to a legal right to polygamy?

Justice Alito asked that question directly during hearings on this decision. There was predictable outrage in certain quarters because of Justice Alito’s question.

Now Emory Law Journal attempts to put the question to rest by taking it seriously and answering it in the negative.

The journal recently held a “paper symposium” on this question. The upshot of the papers it published is that polygamy imposes a preponderance of harm to the human rights of women and children, as well as to the social order in terms of polygamy’s poverty and inequality creating force within societies.

For this reason, that authors argue that America would be able to avoid legalizing marriage between anybody and anything, even if gay marriage is considered a 14th Amendment right, based on arguments in favor of the public good.

This is sophistry in defense of what the authors consider to be a done deal. The forward to the symposium flatly states that the author anticipates that the Court will find a “right” to gay marriage in the 14th Amendment.

These papers and this symposium attempt to soften the blow of such a decision. They’re a scholarly version of the there-there-little-buttercup, it-doesn’t-mean-all-that-much stuff that came out after the DOMA decision. That was bogus then, and this line of reasoning is bogus now. Here’s why.

The authors of these papers seek to answer the serious question of what legal basis for restricting marriage to any definition at all remains if the Court creates a 14th Amendment right to gay marriage. They answer that there is a basis for restricting marriage to two people. Their reason for claiming that the courts will protect marriage between two people is, essentially, because it is best for the common good. 

The authors outline arguments against polygamy and for restricting marriage to two people based on the harms polygamy inflicts on society and on persons. They emphasize the obvious harms to the the civil and human rights of women and children that are inherent in polygamy, and also discuss polygamy’s poverty-creating force, as well as its destructiveness to men without money. They then claim that this gives the state a legitimate legal basis for restricting marriage to two people.

In other words, they are claiming that creating a 14th Amendment right to gay marriage will not lead to future rulings in favor of polygamy because polygamy harms the common good.

This is nonsense. The Catholic Church cares about the common good. The United States Supreme Court clearly does not.

The Court has a long history of ignoring the public good in decisions such as this. The Supreme Court single-handedly created the culture war that is ripping this country apart with it bench legislating in the Roe v Wade decision. It set the country on the road to destruction of marriage with the hydra-headed DOMA decision.  If it uses the 14th Amendment to create a “right” to gay marriage, it will simply be doing more of the same.

The idea that we can base our hopes of preventing a rush to legalize marriage between everybody and everything by trusting the Supreme Court’s desire to protect the common good is fantastical.

If the Supreme Court “finds” (good word) a 14th Amendment right to gay marriage, the agitation to legalize polygamy will ramp up within a couple of months, if not sooner. If you think I’m being alarmist, then hide and watch.

This agitation will be coupled with an all-out attack on the First Amendment rights of small business owners as well as individuals who express opinions in the workplace or other public venues that challenge politically correct thinking.

I remember when the DOMA decision was handed down, I predicted that what has happened would happen. A number of people said that I was being too negative, when in fact, I was deliberately down-playing what was coming. I’m telling you now that I’m also soft-peddling what will happen if the Supreme Court creates a right to gay marriage under the 14th Amendment.

That would be a draconian decision.

Go here to read the papers published in Emory Law’s symposium on marriage.

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“Freedom to Worship” is NOT Freedom of Religion

Photo Source: Wikimedia Commons, Official Senate Photo, Public Domain

Photo Source: Wikimedia Commons, Official Senate Photo, Public Domain

Oklahoma’s Senator James Lankford raised the question, and it’s a good one.

President Obama has staked the legacy of his presidency on a tyrannical revision of the First Amendment  to limit the Constitutional right to the free exercise of religion to activities conducted out of sight and behind the closed doors of church sanctuaries. Senator Lankford, along with Tony Perkins of the Family Research Council, asked if this has hurt United States’ efforts to speak for religious freedom in other countries.

From Christian Post Politics:

Sen. James Lankford, R-Okla., and Family Research Council president Tony Perkins argued that limiting religious freedom to “freedom of worship” in the United States has hurt efforts to advocate for religious freedom abroad.

“I think the lack of priority on religious freedom that we have placed here domestically on our policies does send a message internationally. I think there is a correlation between the growing intolerance of religious freedom, not freedom of worship, but the growing intolerance toward religious freedom, like in the marketplace, is giving rise to persecution abroad,” Perkins asserted before the U.S. Senate’s State, Foreign Operations Subcommittee hearing on protecting international religious freedom Wednesday. “We no longer make it a priority here domestically, that sends a message to bad actors abroad that ‘America no longer puts a high priority on religious freedoms so we don’t have to worry about them moving against us based on that.’

Perkins noted how the Obamacare HHS mandate on birth control health care coverage has forced private businesses, like Hobby Lobby, to go to court to fight for their religious freedom.

In a Thursday interview with The Christian Post, Perkins clarified that there is a clear distinction between the penalizing of Christian business owners in America who stick up for their beliefs and the Christians killed and imprisoned in other parts of the world for their faith. However, there is still a responsibility for American Christians to stand up for their religious rights.

“But as Christians here in this country, if we refrain from speaking out and exercising our freedoms, we put the lives of Christians elsewhere at risk if we allow our religious freedoms here at home to be lost,” Perkins added.

Lankford, who is the co-chair of the Congressional Prayer Caucus and presided in the hearing, agreed with Perkins that the current limitations on religious liberty domestically can have an impact internationally, and added that the United States is responsible for setting a positive precedent.

“I made a comment in my conversation with the panelists that the United States has a responsibility to be a beacon of light for religious liberty and free speech and tolerance of individuals,” Lankford told CP. “When we set that example, we can multiply, we are on a good platform to do that. When we begin to limit free speech and freedom of religion in the United States, it diminishes our opportunity to be able to do that worldwide.”

“So, when universities want to be able to limit what Christian organizations can do on a campus, when Navy chaplains are limited on what they can say and do in regards to Scripture, when individuals can’t fully live out their faith in the workplace, those become serious issues because it diminishes the rights that we want to encourage worldwide within our own country,” Lankford continued.

Since President Barack Obama took office, the notion of “freedom of worship,” as opposed to “freedom of religion,” has become a contentious issue.

Read more at http://www.christianpost.com/news/does-obamas-freedom-of-worship-hurt-international-religious-freedoms-135574/#Asd8P3RTSkVZC8LB.99

 

 

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Obama’s Approval Sinks. What Would it Be if They Asked About Religious Liberty?

Photo Source: Flickr Creative Commons. Official White House Photo.

Photo Source: Flickr Creative Commons. Official White House Photo.

CNN recently polled Americans’ approval of President Obama’s job performance.

It turns out that President Obama’s approval ratings have now sunk lower than the approval ratings of former President Bush. The article I’m citing makes a big deal about that, but it’s really a non-sequitur since former President Bush hasn’t been on the hot seat for quite a while now, and Americans tend to wax nostalgic about former presidents.

President Obama’s approval ratings fell most sharply in the areas of illegal immigration, ISIS and surveillance.

The latter is particularly important, because the issue of surveillance cuts into the base that elected President Obama. I think it reflects his failure to live up to campaign promises in this matter.

I wonder what the poll numbers would be if the poll had included questions about religious freedom. I agree with some of the things President Obama has done and disagree with others. But his attack on religious freedom via the HHS Mandate is a total deal breaker for me. It would be a deal breaker with any president, of either party.

I don’t think I’m alone in this. In fact, if the 2014 election results mean anything, President Obama has single-handedly scuttled the Democratic Party base among Catholic voters.

Another area I’d like to see polling firms ask about is legal immigration. Do We the People approve of the current immigration policies of our government? In fact how many of us know about the immigration policies of our government?

I can tell you that corporate greed and its demand for cheap labor and good relations with certain countries for purposes of commerce decides immigration policy, including policies concerning illegal immigration. Campaign rhetoric aside, these policies do not change, no matter which party wins the election. The welfare and opinions of the American people don’t figure into it.

From Breitbart:

A CNN poll released Wednesday shows that George W. Bush is not only more popular than President Obama, a majority of Americans now view the former president in a positive light. A full 52% see Bush favorably, compared to just 43% who do not. Only 49% of Americans have a favorable opinion of Obama. The same number, 49%, do not.

Obama’s job approval numbers also took a serious dive in the CNN poll. Just last month, the president sat at a 48% approval rating, with just 47% disapproving. Not great, but he was at least above water. Today Obama is upside down a full 7 points, with just 45% approving of his job and a clear majority of 52% disapproving.

That’s an 8 point drop.

On the specifics of his job, other than race relations, Obama is upside down, sometimes by huge margins, in every category: economy 46-53;  ISIS 32-63;  race relations 50-47;  Climate Change 41-49;  illegal immigration 36-60;   government surveillance 29-67;  health care 44-54; foreign affairs 43-55;  terrorism 45-51.

Since last month, Obama’s numbers have worsened considerably on the specific issues of ISIS, immigration, and surveillance.

 

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