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3 Key Takeaways From The King v. Burwell Oral Arguments
Key Moments From Oral Arguments Bode Well For The Affordable Care Act
The Supreme Court heard oral arguments in King v. Burwell today, the latest partisan threat to the Affordable Care Act that threatens to strip subsidies away from millions of Americans in more than three dozen states. While the arguments presented by the lawyers and the questioning from the Justices certainly don’t give us the answer to how the case will turn out, they do provide an early indication of how the Justices may be leaning in their decision. With that in mind, we wanted to highlight three key points from the oral arguments today that could indicate that the subsidies for millions of Americans — and by extension Obamacare as a whole — will be safe when the ruling is handed down in June. For more in-depth analysis be sure to read Think Progress Justice editor Ian Millhiser’s complete analysis.
1. Justice Anthony Kennedy was concerned about what the consequences of a ruling for the challengers would mean. At one point during the arguments, Kennedy, always a potential swing Justice, acknowledged the reality that states would face if tax credits are cut off in states with federally run exchanges: premiums would spike, healthy people would drop out of the marketplace, and a so-called “death spiral” of higher premiums for fewer, sicker customers would ensue. An interpretation of the law that forces states to choose between setting up their own exchanges and eliminated tax credits raises “a serious constitutional problem,” Kennedy said.
2. The Justices got the challengers to admit that context matters. It may seem obvious that context matters — but this is actually somehow a critical debate in a legal argument where the challengers case rests on reading a single clause in place of the clear meaning of the entire law. After a nifty hypothetical from Justice Kagan, Michael Carvin, the attorney for the challengers, responded to “implore” the Justices to make their decision taking into account “the context of the Act as a whole.””
3. For any indication of momentum outside the courtroom, look no farther than right outside the Supreme Court steps. Hundreds of ACA supporters turned out to rally in support of the law and urging the court to protect health care for millions of Americans; meanwhile, just a handful of opponents thought it important enough to show up. The Washington Post writes, “If good organization could win a legal debate, supporters of the Affordable Care Act would triumph.”
Take a look at some of the best signs from the rally:
And if that’s not enough, check out the spate of editorials in support of the law from The New York Times, The Washington Post, The Los Angeles Times, USA Today, Tampa Bay Times, Kansas City Star, Dallas Morning News, Knoxville New Sentinel … (shall we go on? Yes we shall) … Albany Times Union, Orlando Sentinel, Bangor Daily News, and the Toledo Blade.
BOTTOM LINE: We’ve known from the beginning that this challenge to the Affordable Care Act is a politically-motivated, legally weak attack from those trying to use the Court to do what they have been unable to do in Congress or at the ballot box: repeal the Affordable Care Act. After today’s oral arguments, we hope the Justices will see that as well and make a decision that upholds the law, and doesn’t savage the reputation of the court. Momentum is with us.
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Southern Rites: The Heartbreaking Story of Justin Patterson’s Death
Wh
en Gillian Laub started photographing the racially divided town of Mount Vernon, Ga. — with its segregated homecomings and proms — she stumbled onto the story of Justin Patterson, a 22-year-old black man who was killed, on Jan. 29, 2011, by Norman Neesmith, a 62-year-old white man.
posted in Time
Patterson’s story, which further divided Mount Vernon, is the subject of Southern Rites, a HBO documentary premiering on May 18.
Dedee Clarke, Justin’s mother, spoke to TIME.
In HBO’s Southern Rites, photographer Gillian Laub goes to Mount Vernon, Ga., a racially divided town
Gillian Laub:Sha’von, Justin and Santa, 2012
“When I got the call, it was around 3.45 in the morning and my youngest son, Sha’von, said that Justin had been shot and he was dead… For a long time, Sha’von wouldn’t talk about it, he would only tell me things in bits and pieces. It wasn’t until 2013 that he told me the whole story. I think that the thing that bothered him the most was that the gun was actually aimed at him. Justin looked back, saw that and pushed Sha’von out of the way and took the shot himself. It’s something I don’t think he’ll really recover from. He just has to learn to live with it. It’s a day-by-day process, but I don’t think anybody can ever be the same.
The first time I met Gillian was in 2010. My youngest son, Sha’von, was attending the prom that year, and she was photographing it. I thought the work she was doing was great. But I didn’t know that much about her, I just knew that the pictures that she was taking were important. I didn’t get to know her on a deeper level until my son, Justin, died.
[When Gillian shifted her focus to what had happened to Justin], I was, at first, a little reluctant. But I could just see her passion and drive as she talked to me and I knew at that point that she really cared. I was more relaxed around her and I began to open up. But I just remember saying that it wasn’t going to be pretty sight because I was just not in the right state of mind, and she understood that.
You have to feel some kind of compassion when you do this. And Gillian had that; she felt it. And because she felt it, I believed that shows in her work.
Of course, it was very difficult to see Norman Neesmith in Gillian’s film. I had always made it a point not to really look directly at him. And to see him up close and personal in the film, it was very hard. It was hard to watch some of the things that he said. It’s just hard to hear that he never really acknowledged that his daughter invited them into his home. I felt that he thought he was a victim. I don’t think he understands that Justin had a life. He had a daughter. And she will never have her father.
Gillian’s work makes me feel that my son’s death was not in vain. That’s the one thing that I can hope for. I’m hoping that it will help someone. It’s too late for my son, but maybe it can help somebody else.
I’m hoping it will help other mothers to see that you can still survive that kind of pain and. I’m a survivor because God says I am. Everything that I believe in is because of God. He’s the reason that I’m here because there’s no way I could have done any of this by myself. I felt like nobody really cared because the story wasn’t out. It was a while before it was even in a paper. To see it now and to know that people really care, it does make me feel supported. It definitely does. I’m thinking that everyone will have an idea of what happened. This is real life. These people are real people; they feel that pain continuously every day.
My goal here is for people to know and understand that there’s still, very much so, a lot of injustice in this world and something has to be done about it.”
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Support the Maasai Tribe … repost
Middle Eastern kings and princes are about to force up to 48,000 people in Tanzania from their land to make way for corporate-sponsored big game hunting. But Tanzanian President Kikwete has shown before that he will stop deals like this when they generate negative press coverage. Click to deliver a media blitz that will push President Kikwete to stop the landgrab and save these Maasai.
At any moment, a big-game hunting corporation could sign a deal which would force up to 48,000 members of Africa’s famous Maasai tribe from their land to make way for wealthy Middle Eastern kings and princes to hunt lions and leopards. Experts say the Tanzanian President’s approval of the deal may be imminent, but if we act now, we can stop this sell-off of the Serengeti.
The last time this same corporation pushed the Maasai off their land to make way for rich hunters, people were beaten by the police, their homes were burnt to a cinder and their livestock died of starvation. But when a press controversy followed, Tanzanian President Kikwete reversed course and returned the Maasai to their land. This time, there hasn’t been a big press controversy yet, but we can change that and force Kikwete to stop the deal if we join our voices now.
If 150,000 of us sign, media outlets in Tanzania and around the world will be blitzed so President Kikwete gets the message to rethink this deadly deal. Sign the petition now and send to everyone:
http://www.avaaz.org/en/save_the_maasai/?biEWLbb&v=17109
The Maasai are semi-nomadic herders who have lived in Tanzania and Kenya for centuries, playing a critical role in preserving the delicate ecosystem. But to royal families from the United Arab Emirates, they’re an obstacle to luxurious animal shooting sprees. A deal to evict the Maasai to make way for rich foreign hunters is as bad for wildlife as it is for the communities it would destroy. While President Kikwete is talking to favoured local elites to sell them on the deal as good for development, the vast majority of people just want to keep the land that they know the President can take by decree.
President Kikwete knows that this deal would be controversial with Tanzania’s tourists — a critical source of national income — and is therefore trying to keep it from the public eye. In 2009, a similar royal landgrab in the area executed by the same corporation that is swooping in this time generated global media coverage that helped to roll it back. If we can generate the same level of attention, we know the pressure can work.
A petition signed by thousands can force all the major global media bureaus in East Africa and Tanzania to blow up this controversial deal. Sign now to call on Kikwete to kill the deal:
http://www.avaaz.org/en/save_the_maasai/?biEWLbb&v=17109
Representatives from the Maasai community today urgently appealed to Avaaz to raise the global alarm call and save their land. Time and again, the incredible response from this amazing community turns seemingly lost causes into legacies that last a lifetime. Lets protect the Maasai and save the animals for tourists that want to shoot them with camera lenses, rather than lethal weapons!
With hope and determination,
Sam, Meredith, Luis, Aldine, Diego, Ricken and the rest of the Avaaz team
For More Information:
The Guardian: “Tourism is a curse to us” http://www.guardian.co.uk/world/2009/sep/06/masai-tribesman-tanzania-tourism
News Internationalist Magazine: “Hunted down” http://www.newint.org/columns/currents/2009/12/01/tanzania/
Society for Threatened People: Briefing on the eviction of the Loliondo Maasai http://lib.ohchr.org/HRBodies/UPR/Documents/session12/TZ/STP-SocietyThreatenedPeople-eng.pdf
FEMACT: Report by 16 human rights investigators & media on violence in Loliondo http://www.pambazuka.org/en/category/advocacy/58956/print
Voices of Loliondo: Short film from Loliondo on impact of eviction on Maasai http://vimeo.com/35311385
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