RI Progress Report: May Day Redux, E-Edition, Obamacare


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Some 300 people participated in a May Day march in Providence yesterday, according to the Projo. International Workers’ Day was supposed to serve as the spring reawakening for the Occupy movement: In Oakland, police clashed violently with protesters. In Chicago, some 2,000 people rallied against corporate greed. And in New York, the birthplace of the Occupy movement, the rally reportedly spilled over into Fifth Avenue.

Fewer than 300 people have signed up for the Providence Journal’s e-edition, the product that was supposed to help the august newspaper offset the loss of revenue from its print product. Please, Projo, for the good of Rhode Island, please figure out a viable digital strategy. I say this not as a media critique but as someone who has cherished your journalism since I was a young boy.

The state will get some $6 million more from Obamacare, said Kathleen Sebelius yesterday.

Sure, yesterday was a great news cycle for the Capital City … but then steps in the Wall Street Journal to rain on the parade, reporting that investors are still weary of investing in Providence.

Mitt Romney’s openly gay foreign policy spokesperson resigned saying, “my ability to speak clearly and forcefully on the issues has been greatly diminished by the hyper-partisan discussion of personal issues that sometimes comes from a presidential campaign.” In other words, Republicans didn’t like him because he’s gay.

If it surprises or scares you that organized religion is hemorrhaging members here in the Ocean State, see you today at the rally for the cross in Woonsocket.

Whitehouse On SCOTUS: ‘Corporate Activism’


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Sen Sheldon Whitehouse at RIC for a meeting of the RI Healthcare Exchange Commission.

Following President Obama’s lead, Sen. Sheldon Whitehouse chided the Supreme Court saying some of its members have become more interested in activism than jurisprudence.

“If you can’t tell the difference between health care and broccoli there’s a real problem,” he said this morning at RIC, referencing Justice Antonin Scalia’s line of questioning as the court debated Obamacare last week.

Whitehouse even offered a reply to Scalia’s broccoli comparison.

“If you house burns down, we don’t rebuild your house,” he said, while talking to a group at RIC for the Health Care Exchange Commission meeting he attended. “But if you go to the hospital, we fix your broken leg.”

Later in the day, on a conference call with Sen. Chuck Schumer, D-NY, he said, “There comes a point when have to be able to tell the truth about the Supreme Court, and that is it’s activist and is becoming even more activist. One might even say corporate activism.”

Whitehouse, a member of the Judiciary Committee, was once considered by President Obama for an open slot on the high court.

He noted the irony in Republicans and conservative-leaning Supreme Court justices taking issue with individual mandates, saying the idea was often trumpted by Richard Nixon, the Heritage Foundation and longtime moderate Republican from Rhode Island John Chafee, Gov. Linc Chafee’s dad.

“It was the insurance companies that wanted mandates in the bill,” he said, noting that only because of federalism, the idea that some decisions are best left to the states, is the issue before the Supreme Court.

“Every state can require mandates tomorrow and there isn’t a lawyer in the country who would say that is unconstitutional.”

Whitehouse said many Republicans in Congress agree that universal health insurance would be good for society, but said many are afraid of raising the ire of party extremists.

“I know people who say, ‘you’re absolutely right but I can’t talk about that because I’d get a Tea Party primary opponent if I do.'”

He added that both Republican and Democratic leaders agree that once you drill down into the deficit the big drivers are often related to health care, saying, “If we don’t do it this way, the way we are going to do it is when China says you guys are out of control and we’re not going to loan you any more money.”

 

Lt. Gov, Whitehouse to Talk Obamacare To Commission


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Lt. Governor Elizabeth Roberts will update the Rhode Island Health Care Exchange Commission on what a Supreme Court decision on President Obama’s universal health care plan could mean for the Ocean State. And her special guest at the meeting with be Sen. Sheldon Whitehouse.

“We’ll definitely have a brief discussion about it,” she said. “I’m sure people will ask the Senator about it.”

Roberts, who has led the effort in Rhode Island to implement Obama’s Affordable Care Act, said this state’s model Health Benefits Exchange will likely survive regardless of what the Supreme Court decides Obamacare.

“If a mandate is ruled unconstitutional we still very much have a path here in Rhode Island,” she said, adding that even if insurance reforms are struck down by the court, “those are mostly existing consumer protections under state law.”

Because Rhode Island has a guaranteed issue law on the books means no one can be denied access to the Exchange.

If the Medicaid expansion is ruled unconstitutional, on the other hand, “that means we are where we were a few years ago and we wouldn’t be able to move as quickly towards universal coverage.”

Roberts doesn’t think that will happen though.

“I’m not a constitutional lawyer,” she said. “But I’m very optimistic those will remain in place.”

So long as the Medicare subsidies remain in place, Roberts said, “we won’t have to compel people into the marketplace.” States that don’t have guaranteed health insurance, such as the case across the South and Southwest would have a harder time because insurance companies can legally deny people coverage there.

Rhode Island is leading the nation in implementation of the Affordable Care Act. It’s the first and only state to receive a second grant from the federal government, according to Governing Magazine, worth $58.5 million.

In total, Rhode Island has procured about $65 million from ACA funds, and Roberts said she believes that money is safe.

“We should be able to help people regardless of how the Supreme Court rules,” she said.

Much of it will be used to create the database and web portal for the Health Exchange, she said.

Whitehouse, will be there to discuss a report he released last week entitled, “Health Care Delivery System Reform and The Patient Protection & Affordable Care Act,” highlighting progress in this area and the potential for improving patient care and lowering costs.

The Health Insurance Exchange meets Thursday morning at 8:30 at Alger Hall, Room 110, at Rhode Island College.

Obamacare, Broccoli and the Supreme Court


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Antonin Scalia observes in court that the government cannot compel a citizen to purchase broccoli, and the government’s lawyers are Struck Dumb. They clearly do not spend time in my local pub. Every week some bonehead appears there with the “broccoli” canard. And there is a simple answer to that stupid assertion:

The government can bomb Pakistan with drones; the government can declare one man the property of another; the government can intern Japanese citizens; the government can declare a corporation a citizen; the government can tax your income at 99 cents on the dollar; the government can make it OK to shoot unarmed strangers in your neighborhood; the government can declare who is President without regard to the popular vote or to the Constitution.

Yes, Antonin. The government can make you buy broccoli.

I practice law in the trenches with ordinary people for clients. Ask them what the government can make you do. You have to be willfully blind to think our government lacks the power to make you buy broccoli. Willful blindness can, of course, be useful to a Supreme Court justice.

This is how John Locke describes government: Government is the power of coercion, up to death, to compel citizens to act for the common good (2nd Treatise of Civil Government, §3). Your “freedom” is the freedom to elect the government that coerces you—a government for the people or a government for the privileged. That is the beginning and end of your freedom, Judge Scalia.


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