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.
Thursday, February 5, 2015
Thursday, January 15, 2015
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.
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.
Tuesday, January 6, 2015
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.
Idaho gay marriage fight appealed to Supreme Court
Idaho's governor and attorney general have filed separate petitions to the U.S. Supreme Court, fighting against gay marriage and arguing that the state's case has national consequences.
Same-sex marriage has been legal in Idaho since an October ruling by the 9th U.S. Circuit Court of Appeals, which has struck down bans across the West.
Attorney General Lawrence Wasden's filing Friday states that the issue is a matter of a state's right to define marriage without the federal government's involvement.
"This case presents the Court with the opportunity to resolve a divisive split on a question of nationwide importance: Whether the United States Constitution now prohibits states from maintaining the traditional definition of civil marriage, i.e., between one man and one woman," Wasden said in the petition.
Gov. Butch Otter's petition, filed Tuesday, states that the high court should review Idaho's case alone or in addition to a pending case involving the 6th U.S. Circuit Court of Appeals that upheld the right of Kentucky, Michigan, Ohio and Tennessee to decide whether to allow gay marriage.
Same-sex marriage has been legal in Idaho since an October ruling by the 9th U.S. Circuit Court of Appeals, which has struck down bans across the West.
Attorney General Lawrence Wasden's filing Friday states that the issue is a matter of a state's right to define marriage without the federal government's involvement.
"This case presents the Court with the opportunity to resolve a divisive split on a question of nationwide importance: Whether the United States Constitution now prohibits states from maintaining the traditional definition of civil marriage, i.e., between one man and one woman," Wasden said in the petition.
Gov. Butch Otter's petition, filed Tuesday, states that the high court should review Idaho's case alone or in addition to a pending case involving the 6th U.S. Circuit Court of Appeals that upheld the right of Kentucky, Michigan, Ohio and Tennessee to decide whether to allow gay marriage.
Monday, December 29, 2014
Court orders release of jailed real estate mogul
A federal appeals court ordered the release Wednesday of a real estate mogul who was jailed last week in Montana after being found in contempt of court over his sale of a Mexico resort.
The ruling by the 9th U.S. Circuit Court of Appeals comes after onetime billionaire and Yellowstone Club founder Tim Blixseth, 64, was jailed Thursday for not giving U.S. District Judge Sam Haddon a full accounting of a 2011 hotel property sale for $13.8 million.
Blixseth's attorneys argued that the jailing was unconstitutional because Haddon had not given enough details about what he wanted. Attorney Philip Stillman said Blixseth was "elated" with the ruling and hoped to be home in Washington state by Wednesday afternoon.
"This is truly a great Christmas for Mr. Blixseth," Stillman said.
A two-judge panel of the 9th Circuit said that Haddon's incarceration order will be put on hold for 30 days while Haddon gives more specific instructions to Blixseth on how he can comply with his earlier order.
Blixseth sold the property in defiance of a court order. Haddon first demanded answers on where the money went in February.
Creditors are trying to collect on $241 million in judgments against Blixseth stemming from the Yellowstone Club's bankruptcy. The Montana resort he started in the 1990s is now under new ownership.
The ruling by the 9th U.S. Circuit Court of Appeals comes after onetime billionaire and Yellowstone Club founder Tim Blixseth, 64, was jailed Thursday for not giving U.S. District Judge Sam Haddon a full accounting of a 2011 hotel property sale for $13.8 million.
Blixseth's attorneys argued that the jailing was unconstitutional because Haddon had not given enough details about what he wanted. Attorney Philip Stillman said Blixseth was "elated" with the ruling and hoped to be home in Washington state by Wednesday afternoon.
"This is truly a great Christmas for Mr. Blixseth," Stillman said.
A two-judge panel of the 9th Circuit said that Haddon's incarceration order will be put on hold for 30 days while Haddon gives more specific instructions to Blixseth on how he can comply with his earlier order.
Blixseth sold the property in defiance of a court order. Haddon first demanded answers on where the money went in February.
Creditors are trying to collect on $241 million in judgments against Blixseth stemming from the Yellowstone Club's bankruptcy. The Montana resort he started in the 1990s is now under new ownership.
'Saved by the Bell' Actor Due in a Wisconsin Court
Dustin Diamond, the actor who played Screech in the 1990s television show "Saved by the Bell," is expected to appear in a Wisconsin courtroom.
Diamond is accused of stabbing a man during a bar fight on Christmas Day in Port Washington, where he currently lives. A criminal complaint charges Diamond with second-degree recklessly endangering safety, disorderly conduct and carrying a concealed weapon.
A hearing is scheduled Monday afternoon in Ozaukee (oh-ZAH'-kee) County Circuit Court.
The criminal complaint says Diamond and his fiancee got into a tussle with two men and a woman at the Grand Avenue Saloon on Thursday night.
Diamond told police he accidentally stabbed one of the men while trying to defend his fiancee. The man was not seriously injured. Police say officers recovered a switchblade.
Diamond is accused of stabbing a man during a bar fight on Christmas Day in Port Washington, where he currently lives. A criminal complaint charges Diamond with second-degree recklessly endangering safety, disorderly conduct and carrying a concealed weapon.
A hearing is scheduled Monday afternoon in Ozaukee (oh-ZAH'-kee) County Circuit Court.
The criminal complaint says Diamond and his fiancee got into a tussle with two men and a woman at the Grand Avenue Saloon on Thursday night.
Diamond told police he accidentally stabbed one of the men while trying to defend his fiancee. The man was not seriously injured. Police say officers recovered a switchblade.
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