White House illuminated in celebration, tonight
A special Thank You to Supreme Court Justice Anthony Kennedy. He is the sole traditional American conservative within that court. The sole honest conservative in that court. Willing to look forward, willing to join in building progress and understanding in a nation still wracked by divisions grounded in hate and fear on the Right.
Including the syllabus of the original filing, here is the Supreme Court’s decision [.pdf] – which Anthony Kennedy wrote for the majority.
Chief justice John Roberts has come to the rescue of Barack Obama’s healthcare reforms for a second time as the US supreme court struck down a Republican-led challenge to Obamacare that could have gutted the legislation and stripped millions of Americans of their health insurance.
Rescue? No. Roberts may be a conservative dork; but, his style of judgement rests on the intent of Congress and law. Passed by a Congress lightyears ahead of what we’ve had to bear since Year 3 of Obama, the intent of the ACA was clear and Roberts supported the law – as far as Congress went.
The decision in the high-stakes case of King v Burwell all but guarantees that Obamacare will survive intact until at least the 2016 election, giving its supporters hope that it will become impossible to reverse even if a Republican is elected to the White House.
The case, which turned on the meaning of four words – “established by the state” – was brought by Virginia limousine driver David King, who sued the then health secretary, Sylvia Burwell, on the grounds that insurance subsidies erroneously paid to those on low to middle incomes forced him to take out cover against his will by pushing him above an affordability threshold…
In most respects, the same as laws establishing minimum levels of automobile insurance. Opposed just as vehemently in its day by cheapskate conservatives who hate paying for anything.
But six of the nine justices, including Roberts, sided with the government in agreeing that other parts of the legislation made the broader meaning clear and allowed subsidies to be paid to exchanges run by states or the federal government.
“Given that the text is ambiguous, we must turn to the broader structure of the act to determine the meaning,” wrote Roberts in a passage that represents a huge victory for the Obama administration…
Democratic frontrunner Hillary Clinton…praised the court’s decision, tweeting: “SCOTUS affirms what we know is true in our hearts & under the law: Health insurance should be affordable & available to all.”
Fellow presidential candidate and leftwing Vermont senator Bernie Sanders praised the court for recognizing “the common-sense reading of the Affordable Care Act” but went on to call for replacing Obamacare with a “Medicare-for-all, single-payer system”.
If and when we get a Congress that not only fights for the needs of average Americans; but, has the courage to provide a bit of leadership – we’ll get round to Bernie’s proposal. Only a bit over a half-century after the rest of the industrial West did so.
Which prompts me to note why I – as someone who has nothing more than contempt for the 2-party/electoral college bordello our politics are chained to – still suggest voting for Democrats when there isn’t a progressive 3rd-Party alternative. If we leave a mediocrity to fall into the hands of truly corrupt class-worshippers, we’re really in line to be screwed. And we will be getting what we deserve for our inaction.
The Supreme Court on has agreed to hear a case that will answer a long-contested question about a bedrock principle of the American political system: the meaning of “one person one vote.”
The court’s ruling, expected in 2016, could be immensely consequential. Should the court agree with the two Texas voters who brought the case, its ruling would shift political power from cities to rural areas, a move that would benefit Republicans.
The court has never resolved whether voting districts should have the same number of people, or the same number of eligible voters. Counting all people amplifies the voting power of places with large numbers of residents who cannot vote legally, including immigrants who are here legally but are not citizens; illegal immigrants; children; and prisoners. Those places tend to be urban and to vote Democratic.
A ruling that districts must be based on equal numbers of voters would move political power away from cities, with their many immigrants and children, and toward older and more homogeneous rural areas…
The Supreme Court over the past nearly 25 years has turned away at least three similar challenges, and many election law experts expressed surprise that the justices agreed to hear this one. But since Chief Justice John G. Roberts has led the Supreme Court, it has been active in other voting rights cases…
The case, a challenge to voting districts for the Texas Senate, was brought by two voters, Sue Evenwel and Edward Pfenninger. They are represented by the Project on Fair Representation, the small conservative advocacy group that successfully mounted the earlier challenge to the Voting Rights Act. It is also behind a pending challenge to affirmative action in admissions at the University of Texas at Austin…
…Several judges have acknowledged that the Supreme Court’s decisions provide support for both approaches. The federal appeals court in New Orleans said the issue “presents a close question,” partly because the Supreme Court had been “somewhat evasive in regard to which population must be equalized.”
My view of the case, SCOTUS and what passes for the Republican Party nowadays is a tad more simplistic than all the arguments in the article. Today’s conservatives only want well-off, older, white men to vote.
Yes, that’s over-simplified. How about “they want the kind of results guaranteed if only well-off, older, white men can vote” but some of the rest of y’all are OK – if you can be trusted to agree?
I don’t base my analysis on anything ideological. Just look at who’s in charge of the Republican Party, the range of representation among Congressional Republicans, who they have populating political primaries.
The Supreme Court says police are immune from a lawsuit arising from the arrest and shooting of a mentally ill woman in San Francisco.
The justices ruled that police did not violate the rights of Teresa Sheehan when they forced their way into her room at a group home and shot her five times after she came at them with a knife.
The officers had been called to take Sheehan for an emergency psychiatric evaluation after she threatened a case worker, but the situation quickly escalated.
Sheehan, then 56, was shot in the hip and the head. She survived, but had to undergo two hip replacement operations.
The high court, which heard oral arguments in the case in March, on Monday left undecided the question of whether police should take special precautions when arresting armed and violent people suffering from mental illness.
Sheehan claimed police must make reasonable accommodations under the Americans with Disabilities Act for suspects with mental illnesses.
The court said it would not take up that question because it had not been fully considered by lower courts.
Is there any way someone might stage a confrontation between these shit-for-brains justices and the average copper, say, in Oakland?
Could be a potential learning opportunity for a few elitist arch-conservative know-nothings. I’d gladly pop for the cleaning bill after they crap their Heidi Whities.
A federal judge Thursday granted a Minnesota auto dealer the right to exclude emergency contraceptives and I.U.D.’s from his company’s employee health plan.
U.S. District Judge Frank Magnuson issued an injunction against the federal government, enabling Hastings Automotive’s primary owner Doug Erickson to remove contraceptives from his company’s plan without facing penalties.
“It’s long been by conviction to run these businesses according to my faith, and I really believe I’m stewarding these businesses and operating them as God would have me operate them,” Erickson told KARE…
Birth control is treated as basic preventive care by the Affordable Care Act, meaning that it must be included without co-insurance in all health plans. But the U.S. Supreme Court’s decision in the Hobby Lobby case carved out an exception for faith based organizations and private for-profit companies, accommodating the religious beliefs of company owners.
“The very bottom line here is that we believe that the decision to use birth control is between a woman and her doctor, not her boss,” Jennifer Aulwes of Planned Parenthood of Minnesota and South Dakota, told KARE.
“Birth control is basic health care for women and 99 percent of women have used it at some point in their lives, so today’s ruling is very troubling for us.”
Jeremy Dys – a lawyer who specializes in representing idjits – contends that emergency contraceptives prevent fertilized eggs from attaching to lining of the uterus, causing what he termed a “chemical abortion.”
The makers of the drugs, on the other had, cite research that shows the drugs prevent ovulation and fertilization, essentially keeping a pregnancy from starting…”if a pregnancy is already established emergency contraception will not affect that pregnancy”.
The idjit judge – relying on the conservative idjits in the Supreme Court – said he wasn’t interested in science or the medical findings on contraception. He was just worried about the religious rights of the car dealer.
About right for law and order in America, today. Any religion receiving any level of recognition can impose their precepts over the rights of their employees – according to the distorted views of law currently supreme over our constitution.
Christian sharia being the accepted standard, of course.
Thanks, Daily Kos
In 2012, the Supreme Court ruled that a cornerstone of the Affordable Care Act — its expansion of Medicaid to low-income people around the country — must be optional for states. But what if it had ruled differently?
More than three million people, many of them across the South, would now have health insurance through Medicaid, according to an Upshot analysis of data from Enroll America and Civis Analytics. The uninsured rate would be two percentage points lower.
Today, the odds of having health insurance are much lower for people living in Tennessee than in neighboring Kentucky, for example, and lower in Texas than in Arkansas. Sharp differences are seen outside the South, too. Maine, which didn’t expand Medicaid, has many more residents without insurance than neighboring New Hampshire. In a hypothetical world with a different Supreme Court ruling, those differences would be smoothed out.
And that was the idea behind the Affordable Care Act. Before the law passed in 2010, the country had a highly regional approach to health policy and widely disparate results in both health insurance status and measures of public health. One of the main goals of the law was to provide some national standards and reduce those inequities by using federal dollars to buy coverage for low-income people in every state.
That’s the Republicans as bitter as they were a few days ago. The conservative fops on SCOTUS, the guardians of all that reactionary politics can provide to screw working people — are taking another shot at the ACA:
As one might expect, Supreme Court Justice Ruth Bader Ginsburg had no difficulty putting her finger on the point of Texas’ voter ID law: it’s openly racist.
Ginsburg’s colleagues voted 6-3 to allow the Texas law to remain in effect for the upcoming election. But as she observed in a scathing dissent issued Saturday, the measure may prevent more than 600,000 registered voters, or 4.5% of the total, from voting in person for lack of accepted identification. “A sharply disproportionate percentage of those voters are African-American or Hispanic,” she wrote.
The law’s intent is “purposely discriminatory,” Ginsburg concluded. Citing the U.S. District Court ruling that declared the Texas law unconstitutional, she observed that since 2000, Texas has become a majority-minority state. That gave its Legislature and governor “an evident motive to ‘gain partisan advantage by suppressing'” the votes of blacks and Latinos.
Is there any better testament to the bankruptcy of Republican political ideas than the party’s consistent effort to win elections by limiting the vote?…
Like all the Republican-governed states using this ploy to stop folks from voting, Texas turned up two cases that it to court. Time and again these states waste taxpayer dollar$ trying to prove their patent-leather lies.
Here in New Mexico, our Republican Secretary of state wasted hundreds of thousands of dollar$ trying to prove “widespread fraud” as preamble to forcing a law as criminal as the Texas variety. At the end she found a dozen people improperly registered and a couple who thought they were supposed to vote. And tried. And were turned away.
End of story. Meanwhile, crooks masquerading as constitutional experts run this crap through the Supreme Court as progress because right-wing bigots say we are a post-racial society. I would gladly start believing in some sillyass deity if these turds were struck by lightning for their lies.