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Judge’s ruling on ‘Obamacare’ poses new problems for GOP
Headline Legal News |
2018/12/16 18:34
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A federal judge’s ruling that the Obama health law is unconstitutional has landed like a stink bomb among Republicans, who’ve seen the politics of health care flip as Americans increasingly value the overhaul’s core parts, including protections for pre-existing medical conditions and Medicaid for more low-income people.
While the decision by the Republican-appointed judge in Texas was sweeping, it has little immediate practical impact because the Affordable Care Act remains in place while the legal battle continues, possibly to the Supreme Court.
HealthCare.gov , the government’s site for signing up, was taking applications Saturday, the deadline in most states for enrolling for coverage next year, and those benefits will take effect as scheduled Jan. 1. Medicaid expansion will proceed in Virginia, one of the latest states to accept that option. Employers will still be required to cover the young adult children of workers, and Medicare recipients will still get discounted prescription drugs.
But Republicans, still stinging from their loss of the House in the midterm elections, are facing a fresh political quandary after U.S. District Judge Reed O’Connor said the entire 2010 health law was invalid.
Warnings about the Texas lawsuit were part of the political narrative behind Democrats’ electoral gains. Health care was the top issue for about one-fourth of voters in the November election, ahead of immigration and jobs and the economy, according to VoteCast, a nationwide survey for The Associated Press. Those most concerned with health care supported Democrats overwhelmingly.
In his ruling, O’Connor reasoned that the body of the law could not be surgically separated from its now-meaningless requirement for people to have health insurance.
“On the assumption that the Supreme Court upholds, we will get great, great health care for our people,” President Donald Trump told reporters during a visit Saturday to Arlington National Cemetery. “We’ll have to sit down with the Democrats to do it, but I’m sure they want to do it also.”
Economist Gail Wilensky, who oversaw the Medicare program for President George H.W. Bush, said the state attorneys general from GOP strongholds who filed the lawsuit really weren’t very considerate of their fellow Republicans. |
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Lump of coal? Taxes more likely for online gifts this season
Headline Legal News |
2018/11/24 21:47
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Shoppers heading online to purchase holiday gifts will find they're being charged sales tax at some websites where they weren't before. The reason: the Supreme Court.
A June ruling gave states the go-ahead to require more companies to collect sales tax on online purchases. Now, more than two dozen have moved to take advantage of the ruling, many ahead of the busy holiday shopping season.
"Will your shopping bill look any different? ... The answer right now is it depends," said Jason Brewer, a spokesman for the Retail Industry Leaders Association, which represents more than 70 major retailers.
Whether shoppers get charged sales tax on their online purchases comes down to where they live and where they're shopping.
Before the Supreme Court's recent decision , the rule was that businesses selling online had to collect sales tax only in states where they had stores, warehouses or another physical presence. That meant that major retailers such as Apple, Best Buy, Macy's and Target, which have brick-and-mortar stores nationwide, were generally collecting sales tax from online customers. But that wasn't the case for businesses with a big online presence but few physical locations.
Now, states can force out-of-state sellers to collect sales tax if they're doing a fair amount of business in the state. That means retailers such as Overstock.com, home goods company Wayfair and electronics retailer Newegg can be required to collect tax in more states. Those companies were involved in the case before the Supreme Court, but a wide range of businesses from jewelry website Blue Nile to clothing and outdoor company L.L. Bean and electronics retailer B&H Photo-Video are also affected.
Before the Supreme Court's decision, Overstock was collecting sales tax in eight states. Now, it's collecting sales tax nationwide. Jonathan Johnson, a member of Overstock's board of directors, said a small number of customers reached out to ask about the change when it happened but the company now hasn't had a question about it in months. Wayfair, for its part, was collecting sales tax in 25 states before the decision. Now it's collecting sales tax in 36 of the 45 states with a sales tax.
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Immigration detainees denied day in court
Headline Legal News |
2018/11/19 20:34
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A civil lawsuit filed by immigration rights advocates in New York City has accused federal authorities of denying detainees their day in court.
The suit filed Thursday in federal court in Manhattan says the amount of time people accused of immigration violations in New York and New Jersey go before a judge is growing at an "alarming rate."
The suit was filed by the New York Civil Liberties Union and other groups against Immigration and Customs Enforcement and the Department of Homeland Security. It says the average wait time between arrest and initial court appearance had grown to 42 days last year, up from 11 days in 2014.
The average was 80 days into July of this year, according to the suit. The ICE office in New York declined comment on Friday.
"While they wait in jail, most detainees lack basic information about the charges and evidence against them, do not know the steps required to prepare to apply for bond or to defend themselves in their removal cases, and do not have lawyers," according to the suit.
One of the plaintiffs is a man who has lived in New York for nearly two decades. The suit says he was detained last month and still hasn't been brought to court.
The detainees "have no effective mechanism to mitigate this delay," according to the suit.
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New black officers, court officials rethinking US policing
Headline Legal News |
2018/11/19 20:32
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Veteran Alabama law enforcement officer Mark Pettway grew up in a black neighborhood called “Dynamite Hill” because the Ku Klux Klan bombed so many houses there in the 1950s and ’60s.
Now, after becoming the first black person elected sheriff in Birmingham - on the same day voters elected the community’s first black district attorney - Pettway sees himself as part of a new wave of officers and court officials tasked with enforcing laws and rebuilding community trust fractured by police shootings, mass incarceration, and uneven enforcement that critics call racist.
In a state where conservative politicians typically preach about getting tough on crime, Jefferson County’s new sheriff ran and won on an alternative message. He favors decriminalizing marijuana, opposes arming school employees, supports additional jailhouse education programs to reduce recidivism and plans for deputies to go out and talk to people more often, rather than just patrolling.
“Going forward we need to think about being smarter and not being harder,” said the Democrat Pettway, 54.
While the nation’s law enforcement officers are still mostly white men, and groups including the American Civil Liberties Union and Black Lives Matter call for sweeping changes in the criminal justice system, minorities appear to be making gains nationwide.
In Pettway’s case, strong turnout by African-American voters, combined with national concern over police shootings of unarmed people of color, helped him defeat longtime Sheriff Mike Hale, a white Republican, said professor Angela K. Lewis, interim chair of political science at the University of Alabama at Birmingham. Winners in other cities attributed their success to similar factors.
Houston voters elected 17 black women as judges in the midterms. Even before the election, nearly the entire criminal justice system in the Georgia city of South Fulton, near Atlanta was run by black women, including the chief judge, prosecutor, chief clerk and public defender. They’re offering more chances for criminal defendants to avoid convictions through pre-trial programs and increased use of taxpayer-funded lawyers to protect the rights of the accused.
Chief Judge Tiffany C. Sellers of South Fulton’s municipal court said officials also explain court procedures in detail to defendants, many of whom haven’t been in court before and are scared. |
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Court fight likely in 10-year-old girl’s homicide case
Headline Legal News |
2018/11/11 08:46
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When a 10-year-old Wisconsin girl was charged with homicide this week in the death of an infant, it was a rare — but not unprecedented — case of adult charges being filed against someone so young.
The girl told investigators she panicked after dropping the baby at a home day care and then stomped on his head when he began crying. She sobbed during a court appearance in Chippewa County, where she was led away in handcuffs and a restraint.
The age at which children get moved to adult court varies by state and can be discretionary in some cases.
Wisconsin is an outlier in that state law requires homicide or attempted homicide charges to be initially filed in adult court if the suspect is at least 10 years old, according to Marcy Mistrett, chief executive at the Campaign for Youth Justice.
Wisconsin is among 28 states that allow juveniles to be automatically tried in adult court for certain crimes, including murder. For most states, the age at which that is triggered is 15 or 16 years old — while some states have decided 10 is even too young for a child to be held responsible in the juvenile justice system, Mistrett said.
Moving a case to juvenile court depends on establishing certain factors, such as whether the child would get needed services in the adult system, said Eric Nelson, a defense attorney who practices in Wisconsin.
For example, prosecutors in an attempted murder case involving a 12-year-old schizophrenic girl who stabbed a classmate said she belonged in adult court, where she could be monitored for years for a disease that isn’t curable. Defense attorneys unsuccessfully argued against those claims.
Homicide cases involving 10-year-old defendants are extremely rare. From 2007 through 2016, 44 children aged 10 or younger were believed to be responsible for homicides in the U.S., according to data compiled by Northeastern University criminologist James Alan Fox. Only seven of those children were girls.
In 2003, two 12-year-old boys fatally beat and stabbed 13-year-old Craig Sorger after they invited him to play in Washington state. Evan Savoie and Jake Eakin ultimately pleaded guilty in adult court and were sentenced to 20 years and 14 years in prison, respectively.
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Ginsburg, 85, hospitalized after fracturing 3 ribs in fall
Headline Legal News |
2018/11/08 18:39
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Eighty-five-year-old Supreme Court Justice Ruth Bader Ginsburg fractured three ribs in a fall in her office at the court and is in the hospital, the court said Thursday.
The court’s oldest justice fell Wednesday evening, the court said. She called Supreme Court police to take her to George Washington University Hospital in Washington early Thursday after experiencing discomfort overnight, court spokeswoman Kathy Arberg said.
She was admitted to the hospital for treatment and observation after tests showed she fractured three ribs.
In her absence, the court went ahead Thursday with a courtroom ceremony welcoming new Justice Brett Kavanaugh, who joined the court last month. President Donald Trump and new acting Attorney General Matthew Whitaker were on hand.
Ginsburg has had a series of health problems. She broke two ribs in a fall in 2012. She has had two prior bouts with cancer and had a stent implanted to open a blocked artery in 2014. She also was hospitalized after a bad reaction to medicine in 2009.
But she has never missed Supreme Court arguments. The court won’t hear arguments again until Nov. 26.
Rib fractures are common among older adults, particularly after falls. The severity depends in part on whether the ribs are cracked or broken all the way through, and how many are broken. The extent of Ginsburg’s injury was not clear.
A complete break requires making sure the two ends are in alignment, so that a sharp piece of bone doesn’t puncture nearby blood vessels or organs. Broken ribs typically heal on their own in six weeks to a month, and patients are advised to limit strenuous activity. But they can be very painful and controlling pain is key. A chief complication is pneumonia, when patients don’t breathe deeply enough or cough enough because of the rib pain.
Appointed by President Bill Clinton in 1993, Ginsburg rebuffed suggestions from some liberals that she should step down in the first two years of President Barack Obama’s second term, when Democrats also controlled the Senate and would have been likely to confirm her successor.
She already has hired clerks for the term that extends into 2020, indicating she has no plans to retire. Ginsburg leads the court’s liberal wing. |
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Justice Beth Clement leading Supreme Court race
Headline Legal News |
2018/11/07 16:26
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Michigan Supreme Court Justice Elizabeth Clement is leading a six-candidate field for two seats on the state's highest court. Nearly 95 percent of votes have been counted. The top two finishers get black robes.
Justice Kurtis Wilder and appellate lawyer Megan Cavanagh are battling for the second spot. Cavanagh, a Democrat, is the daughter of former Justice Michael Cavanagh.
With Clement and Wilder, Republicans have a 5-2 majority on the Supreme Court, though candidates aren't identified by party on the ballot. University of Michigan law professor Sam Bagenstos was far behind in fourth place and threw in the towel — literally.
After a long campaign, he says it's time for him to do some "deferred laundry." Former CIA analyst Elissa Slotkin has defeated Republican Rep. Mike Bishop, denying him a third House term representing their southeastern Michigan district and flipping the seat to the Democrats.
Slotkin, who worked as a CIA analyst under presidents George W. Bush and Barack Obama and who advocates for public service, said that if she was elected Tuesday, she would push for affordable health care.
Both parties spent heavily on the race, with Democrats sensing that the typically reliable Republican district was vulnerable. Two others also ran: Libertarian Party candidate Brian Ellison and U.S. Taxpayers Party candidate David Lillis. |
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