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Archive for the ‘Affordable Care Act’ Category

Florida Attorney General Pam Bondi

Last Friday the Obama Administration asked U.S. District Judge Roger Vinson of Pensacola, Florida for a clarification in his recent ruling that a portion of the Affordable Care Act mandate was unconstitutional.

From Bloomberg:

The federal government, in papers filed with Vinson yesterday, asked him to clarify whether that decision relieves the suing states of their rights and obligations under the act while the U.S. pursues an appeal.

“We believe it is important to put to rest any doubts about the ability of states and other parties to continue to implement these critical programs and consumer protections provided under this statute,” Tracy Schmaler, a Justice Department spokeswoman, said in an e-mailed statement announcing the U.S. filing.

Florida’s newly elected Republican Attorney General Pam Bondi doesn’t like this request for a clarification by the Obama Administration at all, so much so that she is “advising” the administration to just “appeal the ruling” already. She accuses the administration of “delaying tactics” by asking for a clarification.

From The Palm Beach Post:

“Department of Justice’s motion to clarify is merely an attempt to delay the process when the order clearly required a halt to implementation,” Bondi said in a statement….

….“Our memorandum states that time is of the essence in this matter, and the Court should deny the defendants’ motion for clarification as well as their thinly disguised request for a stay,” she said. “Everyone knows this case will ultimately be decided by the U.S. Supreme Court, and the Department of Justice should join us in seeking an expedited appeals process. This issue is too important for delay, and we urge the
President to file an appeal in the appropriate appellate court, as was done in Virginia and Michigan. It is in the country’s best interest to present this case before the U.S. Supreme Court as soon as possible.”

Bondi certainly seems to be in a hurry to get the case to the Supreme Court, in fact she even sounds a little desperate. Of course the U.S. Supreme Court has some  justices who seem to have what appears to be some “conflict of interest” problems and it’s widely feared that those will interfere with the legal process in the health care ruling. I suppose that could be part of the reason Republicans who want to overturn the law are in a hurry to get it to the Supreme Court.

That being said, what else is Pam Bondi so afraid of? Why the rush? People’s lives are at stake here. Don’t they deserve the very clarification the Obama Administration is requesting? Because the last time I checked, Attorney Generals were elected to serve the people of the Florida. Bondi was not elected to serve those who may have a vested interest in the outcome of rulings against the Affordable Health Care Act and who supported Bondi in her campaign, like the National Federation of Independent Business.

Bondi seems less interested in legalities, and is more selective on which rulings she chooses to follow, basically only the ones that suggest the ACA is unconstitutional. Bondi was just as thrilled with Judge Vinson’s ruling as she was thrilled with all the money the NFIB was throwing into her lawsuit. Where’s the impartiality?

But again, why is Bondi in such a hurry to want the Administration to skip that clarification and just move ahead with a hastened appeal? Perhaps this ruling on Feb. 22 that got little attention in the media had something to do with it:

U.S. District Judge Gladys Kessler has become the third federal judge to rule that the Affordable Care Act is constitutional, and that Congress was within its constitutional authority to regulate health insurance under the Commerce Clause.

“We welcome this ruling, which marks the third time a court has reviewed the Affordable Care Act on the merits and upheld it as constitutional. This court found — as two others have previously — that the minimum coverage provision of the statute was a reasonable measure for Congress to take in reforming our health care system. At the same time, trial courts in additional cases have dismissed numerous challenges to this law on jurisdictional and other grounds. The Department will continue to vigorously defend this law in ongoing litigation.”

Instead of looking at this ruling, Bondi has chosen to ignore it altogether and instead doubles down in urging President Obama to just forget that whole “clarification” thing and hurry along an appeal so the case can advance quickly to the Supreme Court where Republicans have reason to think they will have a more favorable outcome against the ACA.

So I ask again: just what is Pam Bondi so afraid of?

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It was on his official schedule last night, but today it’s apparently been deleted from his website. Gov. Rick Scott will reportedly be chatting it up with Wisconsin Gov. Scott Walker today on the phone from 5:15 – 5:45 p.m. (Gosh, I wonder if either of them will try to verify that they’re actually talking to the “real” Gov. first? That might be a wise idea.) Gosh, I wonder what they’ll talk about? Will one of the “real” Koch brothers be on the line with them? After all, the Koch’s do have ties to Gov. Scott and his high-speed rail sabotage plan, who knows what else they might be up to?

Yesterday Gov. Scott said this about unions and collective bargaining:

“My belief is as long as people know what they’re doing, collective bargaining is fine,” Scott said in an interview with Tallahassee’s WFLA FM radio station.

Sure, whatever. Of course if you know anything about Gov. Scott, you can take your chances that he means it, but I for one don’t buy it. Especially when the Florida Legislature is already working on the unions.

Sen. John Thrasher, former state GOP chairman, looks like he has filed a bill (SB830) to starve unions like the Florida Education Association, SEIU, AFL-CIO, firefighters, police unions or AFSCME by banning the Democratic-leaning organizations from using salary deductions for political purposes. The legislation also says any “public employer may not deduct or collect” union dues, etc. Lastly, it says that any public employee who didn’t specifically authorize the use of his money could be entitled to a partial refund.

The bill doesn’t seem to go as far as Wisconsin’s by ending collective bargaining rights in Florida, though in a right-to-work state there’s only so much union bargaining that can take place. Still, the language about union dues sure looks like it’s right out of the playbook of the tea party and Wisconsin’s Gov. Scott Walker (who incidentally is not a high-speed rail fan, either).

Gov. Walker said this about high-speed rail funds in his state last Nov.:

Governor-Elect Scott Walker today released the following statement on high-speed rail:

“Since learning about the state’s agreement with the federal government we have been exploring all legal options to stop the train from moving forward, and we believe this is a step in the right direction.  We are continuing to work with members of congress on redirecting this money to fixing our crumbling roads and bridges.”

Why, that sounds distinctly familiar. That’s kind of what Gov. Scott was expecting to do. But he can’t, because the money must be used toward the high-speed rail project, or it goes elsewhere, and there’s a lot of other states with their hands out just waiting. Scott has until Friday to make a decision.

Meanwhile, back in Tallahassee, now “nationally famous so-called fiscal hero” (we know he is because the media tells us so!) Marco Rubio, the former Tea Party darling, turned U.S. Senator who now shuns Tea Bagger voters who put him in office (but not the Tea Party corporate funders of course), came back to Florida yesterday to talk money with the Florida House. He reportedly spoke with no notes, and no teleprompter, but he really didn’t need to since that speech is burned into his memory. He gives the same one all the time. All he needs is someone to pull his string and he’s off!

“The math is straightforward. The federal government this year, in order to operate, will have to borrow one-and-a-half trillion dollars. – trillion dollars,” Rubio said. “Medicare and Social Security as they currently are structured, is unsustainable,” he said to applause. “They will bankrupt themselves and ultimately bankrupt our country.”

But despite his calls for bipartisan solutions, Rubio gave no specifics and offered standard party-line fare to reduce spending and not raise taxes.

“Apart from all the ideological rhetoric,” he said, “an increase in taxes will destroy the ability of our economy to grow, which will mean less revenue to government. It’s a vicious cycle. They’re starting to doubt about our ability to pay our debt back”

Of course, he gives no specific ideas, but then he never does.

“What I fear most of all is that we have a political process in Washington that is frozen,” he said. “The White House knows this. The congressional leadership knows this. But no one wants to go first because they don’t want to get beaten up about it….

“If we don’t figure this out, none of these politics and elections are going to matter anyway because this country will decline so rapidly that you won’t even recognize it by 20 or 30 years. It’s not going to be a third world country. But it’s not going to be exceptional or unique. Our decline is not inevitable.”

You don’t have to be psychic to see why he was giving this speech, or where he was going with it, but chances are Social Security and Medicare are on Rubio’s mind as well as on the table, but Rubio doesn’t want to “go there first” anymore than he claims other political “chickens” do either, so he didn’t say the words. Wink, wink.
Also from the same article was this:
Prior to his speech, Rubio met privately with Gov. Rick Scott, Attorney General Pam Bondi and state Chief Financial Officer Jeff Atwater, all of whom are Republicans. Rubio said he discussed Panamanian and Colombian free-trade issues with Scott and discussed Bondi’s efforts to fight so-called “fake cocaine” sold under the guise as bath salts.
How very secretive of them. Gosh, do you suppose they talked about unions too, along with talking points dolled out by the Koch brothers, and some on health care from the National Federation Of Independent Business, the lobbying group helping to foot the bill for Florida AG Pam Bondi’s lawsuit against the Affordable Care Act, AND who gave generously to Bondi’s campaign as well last year and endorsed her?

Florida Attorney General Pam Bondi told a state House committee this month that most of the rest is being covered by the National Federation of Independent Business, a group that opposes the law because of what it considers unconstitutional costs and regulations on firms and people.

“They have dedicated a tremendous amount of resources to the lawsuit,” Bondi said Feb. 10. “We’re thrilled, because that’s saving our state money. That’s saving the 25 other states money as well.”

Did they discuss these issues along with other ways to bleed Floridians in addition to Gov. Scott’s already draconian budget plans? Maybe they did discuss such things, maybe not. But we’ll never know, because they’ve taken up Gov. Scott’s habit of meeting secretly with only Republicans. The rest of us are just not privy to their plans until it’s too late.
Oh, to be a fly on the wall during this afternoon’s phone call between Gov. Scott Walker and Rick Scott. If they’re really who they say they are.
Hello?……Hello?

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In keeping with his habit of governing in the dark, Rick Scott topped off the unveiling of his proposed budget privately with yet another private dinner at the Governor’s mansion last night for select state legislators. At the dinner were Sens. J.D. Alexander, R-Lake Wales, Don Gaetz, R-Niceville, and Andy Gardiner, R-Orlando, and they were invited there to “discuss” Scott’s budget.

Here’s the gist of that discussion:

Rick Scott: “Just pass it.”

Wow. Dictator much Gov. Scott?

If you’ve kept up with Scott’s ego, you know that the last few days he’s been crowing that his budget should be a model for the entire nation. After a whole month of experience, Scott now feels that President Obama should also take his freely offered advice on how to govern. This probably shouldn’t be too much of a surprise, after all during his campaign he often made the mistake of thinking he was running against President Obama, and even skipped mentioning his true running mate, Alex Sink, several times in his ads. So much so that she laughed it off herself in her own ads. (I thought she deserved kudos for resisting an eye-roll on camera.)

It seems Scott is doubling down on the idea that he alone can lead the nation with his draconian budget slashing ideas according to an account of last night’s secret boys club meeting:

Later in the night that theme would be repeated when one of Scott’s top aides would suggest to all three senators that the nation will be watching to see if the Legislature enacts Scott’s “fiscally conservative” budget.

Yes, the nation is watching, but not for the reason Scott thinks it is. The nation is watching, and the nation is saying “Can you believe that those people actually elected that guy??” It’s not just that Florida actually elected the guy who was never charged with Medicare fraud, but whose former company set the record for Medicare fraud fines and is a textbook case, and now claims he wants to run the state like a business. (What could possibly go wrong in a state largely dominated by elderly residents?) It’s that combined with all that, Scott is also clueless on how to govern, and it shows.

Note to the ever-watchful nation: be afraid! Rick Scott announced last week that he would be spending a great deal of time in Washington, D.C., specifically on a monthly basis. (Gosh, I wonder if that might have anything to do with assisting the GOP in trying to dismantle the new Affordable Care Act?) If that’s the case, the “nation” may want to sleep with one eye open from now on. Don’t fall under a false sense of security if you aren’t aware of his presence. Just because you don’t see him or hear of him won’t necessarily mean he isn’t there. He operates under cover of darkness. As a resident of Florida I can tell you we have no clue what he’s up to down here most of the time. We only find out after the fact. Chances are unless you’re a lobbyist, business owner, or you’re made of money and want to throw some of it at him, you won’t either.

So by all means “nation” keep watching Rick Scott. If you’re lucky, you’ll learn from Florida’s mistake.

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In the wake of the ruling yesterday by Florida Judge Roger Vinson against the Affordable Care Act as “unconstitutional,” the Republican Party is absolutely beside itself with joy and cheering that the health care law is now all but defeated. Nothing to see here, move along. But as they happily bow at the feet of the health insurance companies and the lobbyists that they serve, let’s put some of this into the perspective of reality for a moment.

Yes, the ruling was troubling for those who were going to benefit from it with affordable health care that has eluded their grasp for so long. Yes, the ruling is just what the health insurance companies ordered over the recommendations of actual doctors, which is also the point. But is the Affordable Care Act really “over” as many are running victory laps are predicting? No, not necessarily. I will defer to those with more expertise on the many details of the ruling and the law like Ezra Klein does so well here.

But there’s one little thing I would like to point out here. After the ruling came out yesterday every Republican official in Florida was racing to be the first to declare the ACA a defeat and the true death panels, the health insurance companies and the Republicans who carry out their wishes, the clear winners. From our newly elected Gov. Rick “Who was Never Charged With Medicare Fraud” Scott, right down to every local Tea Bagger wannabe GOP involved in government in any way, they all rushed to crow about the ruling.

One in particular gave me pause. Newly elected Florida Attorney General Pam Bondi. In her news release declaring victory, she said this:

“Today’s ruling by Judge Vinson is an important victory for every person who believes in the freedoms granted to us by our Constitution,” said Attorney General Bondi. “This proves that the federal government requiring Americans to purchase health insurance is in fact unconstitutional. In addition, the bipartisan effort from Attorneys General across the country shows the federal government that we will not back down from protecting the constitutional rights of our citizens.”

Really? This proves that the federal government requiring Americans to purchase health insurance is in fact unconstitutional.” Actually it “proves” no such thing. (Perhaps we should ask for proof of Bondi’s law degree.) What it “proves” is that one more Republican judge ruled against it. Two Democratic judges also upheld the ACA. Yet Bondi needs no more proof than this one ruling. She’s good! Thanks for playing!
That aside, it also shows that the The Family Research Council and the religious right found a judge who agrees with them so much that he used some of the very language in that ruling that they use. What a coincidence, huh?
Even beyond that, it appears that groups like The Family Research Council (also branded as a hate group by the SPLC, mind you) can have great influence on judges. Furthermore, it also appears that the religious right and The Tea Party and their corporate funders with big pockets also have “great influence”  in elections, thanks to that other court ruling: Citizens United.
Of course, there’s no “proof” of that, it just looks that way.  But hey, what do I know? I’m no Attorney General.

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