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Anxiety over Supreme Court's latest dive into health care
Topics in Legal News |
2015/02/04 10:47
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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. |
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Fate of thousands at stake in Massachusetts court arguments
Topics in Legal News |
2015/01/13 13:13
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The highest court in Massachusetts is hearing arguments in a case that could determine the fate of thousands of people convicted of drug crimes based on tainted evidence.
The American Civil Liberties Union says many of those affected are afraid to vacate their guilty plea and seek a new trial because they can be prosecuted for crimes dropped when they entered their plea deal.
The ACLU will argue Thursday morning that the Massachusetts Supreme Judicial Court should declare that any defendant who seeks a new trial cannot be convicted of a more serious offense or given a longer sentence.
The case comes after former state drug lab chemist Annie Dookhan admitted she faked test results and tampered with evidence.
Dookhan was sentenced to at least three years in prison in 2013. |
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Ohio to court: Privatizing prisons in budget is legal
Topics in Legal News |
2014/09/08 16:14
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State lawyers tell the Ohio Supreme Court that using a budget bill to privatize state prisons didn’t violate a constitutional provision holding bills to a single subject.In a brief filed today, Ohio said the state’s budget, like any family’s, involves both revenues and expenses — not just appropriations.
The filing comes in a legal dispute with the Ohio Civil Service Employees Association. The prison workers’ union filed suit over privatization in 2012, contending that lawmakers extended beyond the single-subject rule when they used the budget to sell a state prison and turn others over to private operators.
An appellate court agreed, finding in October there was no “rational relationship” between the privatization plan and state spending.The state says privatization saved Ohio money and so had “obvious budget connections.”
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Guilty plea in California meat recall case
Topics in Legal News |
2014/08/28 11:58
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A co-owner of a Northern California slaughterhouse accused of processing cows with cancer has pleaded guilty to a criminal charge.
The San Francisco Chronicle reports that 77-year-old Robert Singleton, co-owner of Petaluma-based Rancho Feeding Corp., entered the plea on Friday to aiding and abetting in the distribution of adulterated, misbranded and uninspected meat. He has agreed to work with prosecutors who have filed charges against the company's other owner, Jesse Amaral Jr., and two employees, Eugene Corda and Felix Cabrera.
They have pleaded not guilty.
Prosecutors say the company slaughtered dozens of cows with skin cancer of the eye, and plant workers swapped the heads of diseased cattle with those of healthy cows.
Operations were halted in February after a series of recalls, including one for 8.7 million pounds of beef. |
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Court issues partial win to bin Laden assistant
Topics in Legal News |
2014/07/16 10:50
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A federal appeals court on Monday set aside two of three convictions against a former personal assistant to Osama bin Laden.
The U.S. Court of Appeals for the District of Columbia Circuit issued the ruling in the case of Ali Hamza al-Bahlul, who produced propaganda videos for al-Qaida and assisted with preparations for the Sept. 11, 2001, terrorist strikes.
A military commission had convicted him of conspiracy to commit war crimes, providing material support for terrorism and soliciting others to commit war crimes. He has been sentenced to life imprisonment.
The appeals court rejected al-Bahlul's challenge to his conspiracy conviction but overturned his material support and solicitation convictions.
The court, in an opinion by Judge Karen LeCraft Henderson, said the government had offered little backup for the notion that a military commission could try defendants on the charges for which the convictions were overturned — material support for terrorism and solicitation to commit war crimes.
On the conspiracy conviction, the appeals court said Congress has positively identified conspiracy as a war crime. |
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