Nearly five years after President Barack Obama signed his health care
overhaul into law, its fate is yet again in the hands of the Supreme
Court.
This time it's not just the White House and Democrats who have reason to
be anxious. Republican lawmakers and governors won't escape the
political fallout if the court invalidates insurance subsidies worth
billions of dollars to people in more than 30 states.
Obama's law offers subsidized private insurance to people who don't have
access to it on the job. Without financial assistance with their
premiums, millions of those consumers would drop coverage.
And disruptions in the affected states don't end there. If droves of
healthy people bail out of HealthCare.gov, residents buying individual
policies outside the government market would face a jump in premiums.
That's because self-pay customers are in the same insurance pool as the
subsidized ones.
Health insurers spent millions to defeat the law as it was being
debated. But the industry told the court last month that the subsidies
are a key to making the insurance overhaul work. Withdrawing them would
"make the situation worse than it was before" Congress passed the
Affordable Care Act.
The debate over "Obamacare" was messy enough when just politics and
ideology were involved. It gets really dicey with the well-being of
millions of people in the balance. "It is not simply a function of law
or ideology; there are practical impacts on high numbers of people,"
said Republican Mike Leavitt, a former federal health secretary.
The legal issues involve the leeway accorded to federal agencies in
applying complex legislation. Opponents argue that the precise wording
of the law only allows subsidies in states that have set up their own
insurance markets, or exchanges. That would leave out most
beneficiaries, who live in states where the federal government runs the
exchanges. The administration and Democratic lawmakers who wrote the law
say Congress' clear intent was to provide subsidies to people in every
state.
Wednesday, February 4, 2015
Wednesday, January 21, 2015
High court rejects military contractors appeals
The Supreme Court on Tuesday turned away three appeals from military contractor KBR Inc. that seek to shut down lawsuits over a soldier's electrocution in Iraq and open-air burn pits in Iraq and Afghanistan.
The justices offered no comment in allowing the lawsuits to proceed.
One lawsuit was filed by the parents of Staff Sgt. Ryan Maseth, who was electrocuted in his barracks shower at an Army base in Iraq in 2008. The suit claims KBR unit Kellogg Brown & Root Services Inc. was legally responsible for the shoddy electrical work that was common in Iraqi-built structures taken over by the U.S. military. KBR disputes that claim.
Dozens of lawsuits by soldiers and others assert they were harmed by improper waste disposal while serving in Iraq and Afghanistan. They seek to hold KBR and Halliburton Co. responsible for exposing soldiers to toxic emissions and contaminated water when they burned waste in open pits without proper safety controls.
The contractors say they cannot be sued because they essentially were operating in war zones as an extension of the military.
The Obama administration agreed with the contractors that lower courts should have dismissed the lawsuits, but said the Supreme Court should not get involved now because lower courts still could dismiss or narrow the claims.
The justices offered no comment in allowing the lawsuits to proceed.
One lawsuit was filed by the parents of Staff Sgt. Ryan Maseth, who was electrocuted in his barracks shower at an Army base in Iraq in 2008. The suit claims KBR unit Kellogg Brown & Root Services Inc. was legally responsible for the shoddy electrical work that was common in Iraqi-built structures taken over by the U.S. military. KBR disputes that claim.
Dozens of lawsuits by soldiers and others assert they were harmed by improper waste disposal while serving in Iraq and Afghanistan. They seek to hold KBR and Halliburton Co. responsible for exposing soldiers to toxic emissions and contaminated water when they burned waste in open pits without proper safety controls.
The contractors say they cannot be sued because they essentially were operating in war zones as an extension of the military.
The Obama administration agreed with the contractors that lower courts should have dismissed the lawsuits, but said the Supreme Court should not get involved now because lower courts still could dismiss or narrow the claims.
Judicial candidates' appeals for campaign cash at high court
The Supreme Court is weighing whether candidates for elected judgeships have a constitutional right to make personal appeals for campaign cash.
The justices are hearing an appeal from Lanell Williams-Yulee of Tampa, Florida, who received a public reprimand for violating a Florida Bar rule that bans candidates for elected judgeships from personally soliciting donations.
The bar and many good government groups say the ban that is in place in Florida and 29 other states is important to preserve public confidence in an impartial judiciary.
A ruling for Williams-Yulee could free judicial candidates in those states to ask personally for campaign contributions.
In all, voters in 39 states elect local and state judges. In the federal judicial system, including the Supreme Court, judges are appointed to life terms and must be confirmed by the Senate.
The arguments are taking place five years after the Supreme Court freed corporations and labor unions to spend freely in federal elections. The court has generally been skeptical of limits on political campaigns, though slightly less so when it comes to those involving judges.
In 2002, the court struck down rules that were aimed at fostering impartiality among judges and barred candidates for elected judgeships from speaking out on controversial issues. But in 2009, the court held in a case from West Virginia that elected judges could be forced to step aside from ruling on cases when large campaign contributions from interested parties create the appearance of bias.
The justices are hearing an appeal from Lanell Williams-Yulee of Tampa, Florida, who received a public reprimand for violating a Florida Bar rule that bans candidates for elected judgeships from personally soliciting donations.
The bar and many good government groups say the ban that is in place in Florida and 29 other states is important to preserve public confidence in an impartial judiciary.
A ruling for Williams-Yulee could free judicial candidates in those states to ask personally for campaign contributions.
In all, voters in 39 states elect local and state judges. In the federal judicial system, including the Supreme Court, judges are appointed to life terms and must be confirmed by the Senate.
The arguments are taking place five years after the Supreme Court freed corporations and labor unions to spend freely in federal elections. The court has generally been skeptical of limits on political campaigns, though slightly less so when it comes to those involving judges.
In 2002, the court struck down rules that were aimed at fostering impartiality among judges and barred candidates for elected judgeships from speaking out on controversial issues. But in 2009, the court held in a case from West Virginia that elected judges could be forced to step aside from ruling on cases when large campaign contributions from interested parties create the appearance of bias.
Thursday, January 15, 2015
High court won't hear challenge to Vermont campaign law
The Supreme Court won't hear a challenge to part of Vermont's campaign finance laws that impose contribution limits on political action committees.
The justices on Monday declined to hear an appeal from the Vermont Right to Life Committee, an anti-abortion group. The group argued that Vermont's campaign finance registration, reporting and disclosure requirements for PACs were too broad and unconstitutional.
The group argued that a subcommittee it created should not be subject to Vermont's $2,000 limit on contributions to PACs because the subcommittee does not give money directly to candidates and makes only independent expenditures.
But a federal judge rejected those arguments, finding that there was no clear accounting between the two committees. A federal appeals court agreed.
The justices on Monday declined to hear an appeal from the Vermont Right to Life Committee, an anti-abortion group. The group argued that Vermont's campaign finance registration, reporting and disclosure requirements for PACs were too broad and unconstitutional.
The group argued that a subcommittee it created should not be subject to Vermont's $2,000 limit on contributions to PACs because the subcommittee does not give money directly to candidates and makes only independent expenditures.
But a federal judge rejected those arguments, finding that there was no clear accounting between the two committees. A federal appeals court agreed.
Court won't hear free speech challenge to metals dealers law
The Supreme Court won't consider the constitutionality of an Ohio law that bars precious metals dealers from advertising without a license.
The justices on Monday declined to take up an appeal from Liberty Coins, a gold and silver dealer that claims the law violates the free speech rights of businesses.
Ohio officials say the 1996 law was enacted to protect consumers from theft and help police track down stolen wedding rings, gold bracelets and other items resold at stores that buy gold and silver merchandise.
A federal judge in 2012 ruled the law unconstitutional because the state failed to prove the license requirement was effective in curbing theft, fraud and terrorism. But the 6th U.S. Circuit Court of Appeals reversed that ruling last year.
The justices on Monday declined to take up an appeal from Liberty Coins, a gold and silver dealer that claims the law violates the free speech rights of businesses.
Ohio officials say the 1996 law was enacted to protect consumers from theft and help police track down stolen wedding rings, gold bracelets and other items resold at stores that buy gold and silver merchandise.
A federal judge in 2012 ruled the law unconstitutional because the state failed to prove the license requirement was effective in curbing theft, fraud and terrorism. But the 6th U.S. Circuit Court of Appeals reversed that ruling last year.
Tuesday, January 6, 2015
Danish court hits hash haven dealers with prison terms
A Danish court has sentenced seven men to prison for dealing hashish at Copenhagen's famed hippie enclave of Christiania, where the drug is openly smoked.
The Copenhagen City Court ruled the men, aged 37-50, were guilty of organizing, providing and stockpiling 1.7 tons of hashish, in the first ruling of several cases following numerous drugs busts by police. The sentences ranged from 2½ to seven years.
Tuesday's ruling followed the arrest of 85 people in March, including several Hells Angels members, when police also seized hundreds of kilograms of hashish, several million kroner (dollars) in cash and weapons.
The action was one of the biggest against illegal hashish sales in Christiania, created in 1971 when hippies squatted at a former navy barracks.
The Copenhagen City Court ruled the men, aged 37-50, were guilty of organizing, providing and stockpiling 1.7 tons of hashish, in the first ruling of several cases following numerous drugs busts by police. The sentences ranged from 2½ to seven years.
Tuesday's ruling followed the arrest of 85 people in March, including several Hells Angels members, when police also seized hundreds of kilograms of hashish, several million kroner (dollars) in cash and weapons.
The action was one of the biggest against illegal hashish sales in Christiania, created in 1971 when hippies squatted at a former navy barracks.
Suspect in trooper shooting case heads to court
A man who eluded police for 48 days after allegedly shooting to death a state trooper and wounding another is due in court for a preliminary hearing which could decide whether his case goes to county court for trial.
A Pennsylvania district judge must decide Monday whether there are sufficient grounds to send the case against Eric Frein, 31, to county court.
Frein has been charged with shooting Cpl. Bryon Dickson and Trooper Alex Douglass Sept. 12 outside their state police station in northeastern Pennsylvania. He was captured Oct. 30 at an abandoned airplane hangar in the Pocono Mountains.
Authorities say Frein confessed to what he described as an assassination designed to "wake people up" and result in a change in government. Dickson was killed and Douglass was wounded.
Prosecutors are seeking the death penalty. Frein was identified as a suspect shortly after the shootings when a passer-by found his vehicle partially submerged in a small pond near the state police station.
The manhunt, with drew a large police force to the rural area, frightened residents as there were numerous reported sightings of Frein, an expert marksman. A team of federal marshals performing a systematic search stumbled across him about 30 miles from the scene of the shooting and were able to arrest him.
A Pennsylvania district judge must decide Monday whether there are sufficient grounds to send the case against Eric Frein, 31, to county court.
Frein has been charged with shooting Cpl. Bryon Dickson and Trooper Alex Douglass Sept. 12 outside their state police station in northeastern Pennsylvania. He was captured Oct. 30 at an abandoned airplane hangar in the Pocono Mountains.
Authorities say Frein confessed to what he described as an assassination designed to "wake people up" and result in a change in government. Dickson was killed and Douglass was wounded.
Prosecutors are seeking the death penalty. Frein was identified as a suspect shortly after the shootings when a passer-by found his vehicle partially submerged in a small pond near the state police station.
The manhunt, with drew a large police force to the rural area, frightened residents as there were numerous reported sightings of Frein, an expert marksman. A team of federal marshals performing a systematic search stumbled across him about 30 miles from the scene of the shooting and were able to arrest him.
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