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Trump, GOP states ask appeals court to kill ‘Obamacare’
Court and Trial |
2019/05/05 10:26
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Taking a harder line on health care, the Trump administration joined a coalition of Republican-led states Wednesday in asking a federal appeals court to entirely overturn former President Barack Obama’s signature health care law — a decision that could leave millions uninsured.
Congress rendered the Affordable Care Act completely unconstitutional in 2017 by eliminating an unpopular tax penalty for not having insurance, the administration and GOP states told the court.
The “Obamacare” opponents hope to persuade the 5th U.S. Circuit Court of Appeals in New Orleans to uphold U.S. District Court Judge Reed O’Connor’s ruling late last year striking down the law.
If the ruling is allowed to stand, more than 20 million Americans would be at risk of losing their health insurance, re-igniting a winning political issue for Democrats heading into the 2020 elections. President Donald Trump, who never produced a health insurance plan to replace “Obamacare,” is now promising one after the elections.
The Trump administration acknowledged it had changed positions in the case. Early on, the administration argued that only certain key parts of the ACA, such as protections for people with pre-existing medical conditions, should be invalidated. But it said other important provisions such as Medicaid expansion, subsidies for premiums and health insurance markets could continue to stand.
Wednesday, the administration said it had reconsidered in light of O’Connor’s ruling. “The remaining provisions of the ACA should not be allowed to remain in effect — again, even if the government might support some individual positions as a policy matter,” the administration wrote in its court filing.
The Justice Department’s legal brief also seemed to be trying to carve out some exceptions. For example, the administration said the ACA’s anti-fraud provisions should remain in effect. |
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Arizona court says Costco can be sued over ED drug disclosure
Court and Trial |
2019/05/03 10:25
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The Arizona Court of Appeals has ruled that the Costco warehouse store chain can be sued for privacy violations by a Phoenix-area man because a pharmacist joked with his ex-wife about an erectile dysfunction prescription he had never picked up.
The ruling issued Tuesday revived the lawsuit the man filed after the pharmacist told his ex-wife about the prescription when she went to pick up another prescription with his approval. The man had called Costco twice to cancel the prescription before his ex-wife went to the north Phoenix store in early 2016, but the pharmacist did not do so, according to the ruling.
Attorney Joshua Carden filed the lawsuit for the man alleging a variety of violations, but it was dismissed by a trial-court judge. The Court of Appeals revived sections alleging negligence under federal health care privacy law commonly called HIPAA. The ruling potentially allows him to seek punitive damages.
The ruling is the first to say that negligence claims under HIPAA can be brought in Arizona courts, Carden said.
“If there is a big deal in the case it’s that the court went ahead and said yes to negligence claims based on HIPAA violations,” Carden said. “That’s not ever been announced in Arizona before.”
The federal health privacy law doesn’t allow individuals to sue for violations in federal court, he said, and state courts haven’t always been clear about that right. |
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6 appear in court on charges they sent mosque attack images
Court and Trial |
2019/04/08 11:00
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Six people appeared in a New Zealand court Monday on charges they illegally redistributed the video a gunman livestreamed as he shot worshippers at two mosques last month.
Christchurch District Court Judge Stephen O’Driscoll denied bail to businessman Philip Arps and an 18-year-old suspect who both were taken into custody in March. The four others are not in custody.
The charge of supplying or distributing objectionable material carries a penalty of up to 14 years imprisonment. Arps, 44, is scheduled to next appear in court via video link on April 26.
The 18-year-old suspect is charged with sharing the livestream video and a still image of the Al Noor mosque with the words “target acquired.” He will reappear in court on July 31 when electronically monitored bail will be considered.
Police prosecutor Pip Currie opposed bail for the 18-year-old suspect and said the second charge, involving the words added to the still image, was of significant concern.
New Zealand’s chief censor has banned both the livestreamed footage of the attack and the manifesto written and released by Brenton Harrison Tarrant, who faces 50 murder charges and 39 attempted murder charges in the March 15 attacks. |
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Spacey’s lawyers returning to court in bar groping case
Court and Trial |
2019/04/04 16:12
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A judge will consider motions filed by lawyers for Kevin Spacey, who’s charged with groping an 18-year-old man on Nantucket in 2016.
The Oscar-winning former “House of Cards” actor won’t be present for Thursday’s hearing at Nantucket District Court.
Spacey’s attorneys have been seeking to preserve phone and electronic records between the man — who says Spacey unzipped his pants and fondled him — and the man’s girlfriend at the time. The assault allegedly occurred at a restaurant on the island off Cape Cod where the young man worked as a busboy.
Spacey pleaded not guilty in January to felony indecent assault and battery. His lawyers have called the accusations “patently false.”
It’s the first criminal case brought against Spacey after several sexual misconduct allegations crippled his career in 2017. |
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Texas bans clergy from executions after Supreme Court ruling
Court and Trial |
2019/04/03 16:13
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Texas prisons will no longer allow clergy in the death chamber after the U.S. Supreme Court blocked the scheduled execution of a man who argued his religious freedom would be violated if his Buddhist spiritual adviser couldn’t accompany him.
Effective immediately, the Texas Department of Criminal Justice will only permit prison security staff into the execution chamber, a spokesman said Wednesday. The policy change comes in response to the high court’s ruling staying the execution of Patrick Murphy, a member of the “Texas 7” gang of escaped prisoners.
Texas previously allowed state-employed clergy to accompany inmates into the room where they’d be executed, but its prison staff included only Christian and Muslim clerics.
In light of this policy, the Supreme Court ruled Thursday that Texas couldn’t move forward with Murphy’s punishment unless his Buddhist adviser or another Buddhist reverend of the state’s choosing accompanied him.
One of Murphy’s lawyers, David Dow, said the policy change does not address their full legal argument and mistakes the main thrust of the court’s decision.
“Their arbitrary and, at least for now, hostile response to all religion reveals a real need for close judicial oversight of the execution protocol,” Dow said
Murphy’s attorneys told the high court that executing him without his spiritual adviser in the room would violate the First Amendment right to freedom of religion. The 57-year-old — who was among a group of inmates who escaped from a Texas prison in 2000 and then committed numerous robberies, including one where a police officer was fatally shot — became a Buddhist while in prison nearly a decade ago. |
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