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.
Argentine court says US fugitive can be extradited
Argentina's Supreme Court has ruled that an American who took refuge and started a new life in the South American country can be extradited to face charges that he killed his wife over a decade ago, a court spokeswoman confirmed Saturday.
Kurt Sonnenfeld moved to Argentina in 2003 and sought asylum after prosecutors in Denver charged him with first-degree murder. The decision to extradite him brings to an end a longstanding dispute between the U.S. Justice Department and Argentine courts that centered in part on differences over the death penalty.
In the ruling, which was made Dec. 11, the justices said U.S. prosecutors had assured Argentina that "the death penalty will not be imposed, or if it were ruled, it will not be exercised in this case." The ruling said the executive branch will have final say on an extradition and doesn't specify when it may take place.
Maria Bourdin, a spokeswoman for Argentina's Supreme Court, confirmed the ruling but declined to comment beyond what was in it. Calls to the U.S. Embassy in Buenos Aires on Saturday seeking comment were not immediately returned.
Kurt Sonnenfeld moved to Argentina in 2003 and sought asylum after prosecutors in Denver charged him with first-degree murder. The decision to extradite him brings to an end a longstanding dispute between the U.S. Justice Department and Argentine courts that centered in part on differences over the death penalty.
In the ruling, which was made Dec. 11, the justices said U.S. prosecutors had assured Argentina that "the death penalty will not be imposed, or if it were ruled, it will not be exercised in this case." The ruling said the executive branch will have final say on an extradition and doesn't specify when it may take place.
Maria Bourdin, a spokeswoman for Argentina's Supreme Court, confirmed the ruling but declined to comment beyond what was in it. Calls to the U.S. Embassy in Buenos Aires on Saturday seeking comment were not immediately returned.
Monday, December 29, 2014
NY court: Argentina must disclose to US creditors
Argentina and various banks must reveal information about the nation's assets to U.S. bondholders who are owed about $1.5 billion, a federal appeals court said Tuesday, though the panel cautioned a judge that a sovereign state is entitled to grace and civility and some records may be off limits.
The ruling by a three-judge panel of the 2nd U.S. Circuit Court of Appeals gives a green light to lawyers for bondholders who refused to trade their holdings for bonds worth less than half as much after Argentina in 2001 defaulted on $100 billion of debt.
U.S. District Judge Thomas P. Griesa had allowed the lawyers to pursue records from Argentina and related entities, including banks.
The appeals court said his discretion over what must ultimately be turned over is delicate, especially when it affects Argentina's diplomatic and military affairs.
It said it might not be possible for Griesa to review documents regarding diplomatic or military issues on his own to determine if they are relevant. The appeals panel said he should be "effective and respectful" as he handles the sensitive aspects of the document review.
The ruling came after U.S. hedge funds that hold Argentina bonds won judgments requiring that they be paid. The hedge funds claim Argentina defaulted on $1.5 billion they are owed after moving assets far and wide to hide them from creditors.
Argentina said in court papers it is being harassed by the hedge funds.
It said the requests for information concern property and finances of the republic's military and diplomatic core, over 100 separate entities and top republic officials including its current and former presidents.
The ruling by a three-judge panel of the 2nd U.S. Circuit Court of Appeals gives a green light to lawyers for bondholders who refused to trade their holdings for bonds worth less than half as much after Argentina in 2001 defaulted on $100 billion of debt.
U.S. District Judge Thomas P. Griesa had allowed the lawyers to pursue records from Argentina and related entities, including banks.
The appeals court said his discretion over what must ultimately be turned over is delicate, especially when it affects Argentina's diplomatic and military affairs.
It said it might not be possible for Griesa to review documents regarding diplomatic or military issues on his own to determine if they are relevant. The appeals panel said he should be "effective and respectful" as he handles the sensitive aspects of the document review.
The ruling came after U.S. hedge funds that hold Argentina bonds won judgments requiring that they be paid. The hedge funds claim Argentina defaulted on $1.5 billion they are owed after moving assets far and wide to hide them from creditors.
Argentina said in court papers it is being harassed by the hedge funds.
It said the requests for information concern property and finances of the republic's military and diplomatic core, over 100 separate entities and top republic officials including its current and former presidents.
Court revives Coast Guard suit against Bollinger Shipyards
A federal appeals court has revived a federal lawsuit accusing Bollinger Shipyards of lying about the strength of eight patrol boats it lengthened for the Coast Guard.
The 5th U.S. Circuit Court of Appeals ruled Tuesday that a district judge was wrong to dismiss the suit against the Lockport shipyard, a subcontractor on a project to lengthen eight patrol boats from 110 to 123 feet.
Lawyers for Bollinger did not immediately respond to a request for comment Wednesday from The Associated Press.The government wants Bollinger to repay $78 million, NOLA.com 'The Times-Picayune reports.
Four of the boats were delivered in 2004. The hull of the first, the Matagorda, began to buckle at sea in September 2004. The Coast Guard accepted the other four after modifications to boost their hull strength, but it wasn't enough, according to the ruling.
The Coast Guard revoked its acceptance of all eight in 2007; the Justice Department sued in 2011.
The 5th U.S. Circuit Court of Appeals ruled Tuesday that a district judge was wrong to dismiss the suit against the Lockport shipyard, a subcontractor on a project to lengthen eight patrol boats from 110 to 123 feet.
Lawyers for Bollinger did not immediately respond to a request for comment Wednesday from The Associated Press.The government wants Bollinger to repay $78 million, NOLA.com 'The Times-Picayune reports.
Four of the boats were delivered in 2004. The hull of the first, the Matagorda, began to buckle at sea in September 2004. The Coast Guard accepted the other four after modifications to boost their hull strength, but it wasn't enough, according to the ruling.
The Coast Guard revoked its acceptance of all eight in 2007; the Justice Department sued in 2011.
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