Washington (CNN) -- On day one of the Supreme Court's epic examination of the constitutionality of health care reform, the justices could not help looking ahead to Tuesday's arguments and the more significant questions over the power of Congress.
It signals the overall look at health care in this presidential election year will really be about the individual mandate -- the law's central requirement that most Americans purchase health insurance or face a financial penalty.
At issue: May the federal government, under the Constitution's commerce clause, regulate economic "inactivity"? Three federal appeals courts have found the Affordable Care Act to be constitutional, while another has said it is not, labeling it "breathtaking in its expansive scope." That "circuit split" all but assured the Supreme Court would step in and decide the matter.
A coalition of 26 states, led by Florida, argues individuals cannot be forced to buy insurance, a "product" they may neither want nor need.
The Justice Department has countered that since every American will need medical care at some point in their lives, individuals do not "choose" to participate in the health care market.
Federal officials cite 2008 figures of $43 billion in uncompensated costs from the millions of uninsured people who receive health services, costs that are shifted to insurance companies and passed on to consumers.
"This is such an extraordinary case and why you have so many states that have joined in this one lawsuit," said attorney Paul Clement, who will argue for the states. "These issues are really central to whether the federal government can really regulate anything it wants to, or whether there are some things that only the state governments can regulate."
But supporters of the law say the federal government had to get involved.
"Congress thought it necessary to regulate the nearly 20% of our nation's economy that makes up the health care industry and to make sure insurance companies did not discriminate against people with pre-existing conditions, for example, and pass the minimum coverage provision. That is squarely within Congress' authority," said Elizabeth Wydra, chief counsel of Constitutional Accountability Center. "No one says that there is a right to freeload off one's neighbors when you decide not to choose health care."
It is the individual mandate that has sparked the most controversy. It requires nearly every American to purchase some level of insurance or face a tax penalty of up to about $700 a year.
Typical of the ideological divide, the opposing sides do not even agree on what the individual mandate was designed to accomplish. Supporters see it a way of spreading health care costs to a larger pool of individuals, ensuring affordable, quality medical care. They say regulating commerce and the economy has long been a federal prerogative.
But opponents see a fundamental constitutional violation: an intrusion into a citizen's personal lives, forcing Americans to purchase a commercial product they may not want or need. The states equate such a requirement to a burdensome regulation of "inactivity."
Wednesday, March 28, 2012
Monday, March 26, 2012
Obama: North Korea will achieve nothing with provocation
Seoul, South Korea (CNN) -- President Barack Obama warned North Korea Sunday that if it moves forward with a planned test-firing of a long-range missile, it will further deepen its isolation, damage relations with its neighbors and face additional sanctions that have already strangled the country.
"North Korea will achieve nothing by threats or provocations," Obama said during a news conference in Seoul, South Korea, on the eve of an international nuclear security summit. "North Korea knows its obligation."
Obama's strong words follow last week's announcement by North Korea that it is planning to carry out a rocket-powered satellite launch in April.
South Korean President Lee Myung-bak said during the news conference that he considers the launch a direct violation of a U.N. Security Council resolution that bans the testing of the technology being used in the rocket-powered satellite. South Korea has said it considers the satellite launch an attempt to develop a nuclear-armed missile, while the United States has warned the move would jeopardize a food-aid agreement reached with Pyongyang in early March. "Bad behavior will not be rewarded," Obama said.
North Korea says it has a right to a peaceful space program and has invited international space experts and journalists to witness the launch. North Korea announced this month it would carry out a "satellite launch" in mid-April to commemorate the centenary of the birth of Kim Il Sung, the country's founder.
Using ballistic missile technology, however, is in violation of U.N. Security Council Resolution 1874 and against a deal struck with the United States earlier this month that it would not carry out nuclear or missile tests in return for food aid.
Prior to the news conference, Obama made his first visit to the demilitarized zone that splits the Korean peninsula. Obama peered through binoculars into North Korea where flags flew at half-staff to mark the 100-day anniversary of the death of Kim Jong Il. "It's like you are in a time warp. It's like you are looking across 50 years into a country that has missed 40 or 50 years of progress," Obama said during the news conference.
The president said the real consequence for North Korea, should it go through with the launch, is that the country's leaders will miss an opportunity "to take a different path than the one they have been taking."
"I hope that at some point the North Koreans make the decision that it is in their interests to figure out how to feed their people and improve their economy rather than have big parades where they show off weapons," Obama said.
The purpose of Obama's visit to the demilitarized zone was to meet with some of the 28,500 U.S. troops stationed in South Korea.
"North Korea will achieve nothing by threats or provocations," Obama said during a news conference in Seoul, South Korea, on the eve of an international nuclear security summit. "North Korea knows its obligation."
Obama's strong words follow last week's announcement by North Korea that it is planning to carry out a rocket-powered satellite launch in April.
South Korean President Lee Myung-bak said during the news conference that he considers the launch a direct violation of a U.N. Security Council resolution that bans the testing of the technology being used in the rocket-powered satellite. South Korea has said it considers the satellite launch an attempt to develop a nuclear-armed missile, while the United States has warned the move would jeopardize a food-aid agreement reached with Pyongyang in early March. "Bad behavior will not be rewarded," Obama said.
North Korea says it has a right to a peaceful space program and has invited international space experts and journalists to witness the launch. North Korea announced this month it would carry out a "satellite launch" in mid-April to commemorate the centenary of the birth of Kim Il Sung, the country's founder.
Using ballistic missile technology, however, is in violation of U.N. Security Council Resolution 1874 and against a deal struck with the United States earlier this month that it would not carry out nuclear or missile tests in return for food aid.
Prior to the news conference, Obama made his first visit to the demilitarized zone that splits the Korean peninsula. Obama peered through binoculars into North Korea where flags flew at half-staff to mark the 100-day anniversary of the death of Kim Jong Il. "It's like you are in a time warp. It's like you are looking across 50 years into a country that has missed 40 or 50 years of progress," Obama said during the news conference.
The president said the real consequence for North Korea, should it go through with the launch, is that the country's leaders will miss an opportunity "to take a different path than the one they have been taking."
"I hope that at some point the North Koreans make the decision that it is in their interests to figure out how to feed their people and improve their economy rather than have big parades where they show off weapons," Obama said.
The purpose of Obama's visit to the demilitarized zone was to meet with some of the 28,500 U.S. troops stationed in South Korea.
Wednesday, March 21, 2012
Southern Miss takes disciplinary action against students for derogatory chant
(CNN) -- Five members of the University of Southern Mississippi pep band have had their scholarships revoked and have been removed from the band after they yelled a derogatory chant at a Puerto Rican player during an NCAA basketball tournament game last week.
The school announced the disciplinary action in a statement Tuesday, saying the five "have been forthcoming, cooperative, contrite and sincerely remorseful."
"They acted rashly and inappropriately, and now see the gravity of their words and actions," Vice President for Student Affairs Joe Paul said. "This is a teachable moment, not only for these students but for our entire student body and those who work with them." The students will also be required to complete a two-hour training course on cultural sensitivity, the school said. The school has not identified the students.
TV cameras captured the incident during the University of Southern Mississippi-Kansas State University game at the Consol Energy Center in Pittsburgh on Thursday. As Kansas State point guard Angel Rodriguez shot free throws, several people could clearly be heard chanting, "where's your green card."
The university's president apologized to Rodriguez, saying the chant wasn't representative of the university.
Rodriguez said Friday, "I heard it. I don't pay attention to that nonsense, especially because Puerto Rico is a commonwealth, so we don't need no type of papers." "Their athletic director and personnel from their school came to apologize, and I accepted it," he said. Rodriguez said he realized that there are "ignorant people, and I know that is not how they want to represent their university."
The eighth-seeded Kansas State Wildcats beat the ninth-seeded Southern Miss Golden Eagles 70-64, knocking them out of the tournament. Kansas State advanced to the next round, but lost to Syracuse.
The school announced the disciplinary action in a statement Tuesday, saying the five "have been forthcoming, cooperative, contrite and sincerely remorseful."
"They acted rashly and inappropriately, and now see the gravity of their words and actions," Vice President for Student Affairs Joe Paul said. "This is a teachable moment, not only for these students but for our entire student body and those who work with them." The students will also be required to complete a two-hour training course on cultural sensitivity, the school said. The school has not identified the students.
TV cameras captured the incident during the University of Southern Mississippi-Kansas State University game at the Consol Energy Center in Pittsburgh on Thursday. As Kansas State point guard Angel Rodriguez shot free throws, several people could clearly be heard chanting, "where's your green card."
The university's president apologized to Rodriguez, saying the chant wasn't representative of the university.
Rodriguez said Friday, "I heard it. I don't pay attention to that nonsense, especially because Puerto Rico is a commonwealth, so we don't need no type of papers." "Their athletic director and personnel from their school came to apologize, and I accepted it," he said. Rodriguez said he realized that there are "ignorant people, and I know that is not how they want to represent their university."
The eighth-seeded Kansas State Wildcats beat the ninth-seeded Southern Miss Golden Eagles 70-64, knocking them out of the tournament. Kansas State advanced to the next round, but lost to Syracuse.
Monday, March 19, 2012
Neighborhood watchman kills unarmed teen
KSDK
The controversial case of an unarmed teen shot to death by a neighborhood watch captain in a Sanford, Florida neighborhood has been handed over to the State Attorney's Office.
The State Attorney will decide whether to criminally charge neighborhood watchman George Zimmerman in the teen's death.
"In this case, Mr. Zimmerman has made the argument of self-defense," Sanford Police Chief Bill Lee said. "We don't have the grounds to arrest him."
Attorney Natalie Jackson, who is representing Martin's family, said Zimmerman, 25, should be arrested and charged with the 17-year-old's death.
The family says they want justice.
"My son left Sanford, Florida in a body bag," said Martin's father, Tracy Martin. "While George Zimmerman went home to to go to sleep in his own bed. It's senseless and the police in Sanford, isn't giving any answers and we actually feel that justice hasn't been served and isn't being served."
Jackson said Martin was unarmed while walking back to his father's home from a convenience store.
He was carrying a bag with Skittles and iced tea inside.
When Zimmerman spotted him, he called 911 to report a "suspicious-looking" person.
According to the family's attorney, Zimmerman then disregarded a 911 operator's instructions not to approach the teen.
Martin was shot and killed in ensuing the confrontation.
"I don't know if the whole thing was a racial issue, it may have been a 'Zimmerman wants to be a hero' issue. It becomes racial because Zimmerman thought that black males with hoodies are criminals," Jackson said.
Zimmerman was arrested in 2005 for resisting an officer with violence and battery on a law enforcement officer.
The case was dismissed because no evidence could be found.
Zimmerman attended a pre-trial diversion program and a deal was made with his attorney to get the case dropped.
It's unclear whether the State Attorney's Office will pursue charges in Martin's death.
The controversial case of an unarmed teen shot to death by a neighborhood watch captain in a Sanford, Florida neighborhood has been handed over to the State Attorney's Office.
The State Attorney will decide whether to criminally charge neighborhood watchman George Zimmerman in the teen's death.
"In this case, Mr. Zimmerman has made the argument of self-defense," Sanford Police Chief Bill Lee said. "We don't have the grounds to arrest him."
Attorney Natalie Jackson, who is representing Martin's family, said Zimmerman, 25, should be arrested and charged with the 17-year-old's death.
The family says they want justice.
"My son left Sanford, Florida in a body bag," said Martin's father, Tracy Martin. "While George Zimmerman went home to to go to sleep in his own bed. It's senseless and the police in Sanford, isn't giving any answers and we actually feel that justice hasn't been served and isn't being served."
Jackson said Martin was unarmed while walking back to his father's home from a convenience store.
He was carrying a bag with Skittles and iced tea inside.
When Zimmerman spotted him, he called 911 to report a "suspicious-looking" person.
According to the family's attorney, Zimmerman then disregarded a 911 operator's instructions not to approach the teen.
Martin was shot and killed in ensuing the confrontation.
"I don't know if the whole thing was a racial issue, it may have been a 'Zimmerman wants to be a hero' issue. It becomes racial because Zimmerman thought that black males with hoodies are criminals," Jackson said.
Zimmerman was arrested in 2005 for resisting an officer with violence and battery on a law enforcement officer.
The case was dismissed because no evidence could be found.
Zimmerman attended a pre-trial diversion program and a deal was made with his attorney to get the case dropped.
It's unclear whether the State Attorney's Office will pursue charges in Martin's death.
Tuesday, March 13, 2012
Soldier could face death penalty in Afghan killings
Kabul, Afghanistan (CNN) -- The U.S. Army soldier accused of killing 16 Afghan men, women and children in a house-to-house shooting rampage could face the death penalty, Defense Secretary Leon Panetta said.
Panetta spoke to reporters as he flew to the Central Asian nation of Kyrgyzstan for high-level talks Tuesday.
Hundreds of Afghans took to the streets Tuesday to protest the killings as the Taliban threatened to behead "Americans anywhere in the country."
An American sergeant is suspected of shooting nine children, three women and four men in two villages near his combat outpost in southern Afghanistan on Sunday. He turned himself in after the killings, the military said. The Army's Criminal Investigation Command is leading the investigation. The suspect has not been charged.
In Jalalabad, near the border with Pakistan, "hundreds of protesters, many of whom are university students, have taken to the streets," said Ahmad Zaii Abdulzai, a spokesman for Nangarhar province.
Leaders from across Afghanistan's fragmented political terrain have expressed anger and outrage over the attack in the district of Panjwai in Kandahar province.
Karzai has condemned the weekend bloodshed as "unforgivable." Afghanistan's parliament has demanded a public trial for the suspect, and the Afghan Taliban have described U.S. troops as "sick-minded American savages" and vowed to exact revenge.
In a new statement Tuesday, the Taliban said the group would take revenge "by killing and beheading Americans anywhere in the country."
There are fears that Sunday's killings could reignite the anger that led to deadly riots directed at international forces last month over the burning of Qurans by U.S. troops. That was one of a string of incidents involving American forces that have strained ties between the United States and Afghanistan.
U.S. commanders were forced to condemn a video of a squad of Marines urinating on bodies in January, and several soldiers -- from Joint Base Lewis-McChord in Washington state, like the suspect in Sunday's shooting -- were charged with taking part in a rogue "kill squad."
Sunday's killings have brought a deluge of high-level statements from Washington expressing shock, sadness and insistence that the U.S. mission in Afghanistan would stay on course.
As he set out for a trip to the Middle East on Monday, Panetta said the United States and its NATO allies "seem to get tested almost every other day." But he added, "It is important that, all of us, United States, Afghanistan, the (NATO-led) forces all stick to the strategy that we've laid out."
"War is hell," he said. "These kind of events and incidents are going to take place. They've taken place in any war. They're terrible events. This is not the first of those events, and they probably won't be the last."
Panetta spoke to reporters as he flew to the Central Asian nation of Kyrgyzstan for high-level talks Tuesday.
Hundreds of Afghans took to the streets Tuesday to protest the killings as the Taliban threatened to behead "Americans anywhere in the country."
An American sergeant is suspected of shooting nine children, three women and four men in two villages near his combat outpost in southern Afghanistan on Sunday. He turned himself in after the killings, the military said. The Army's Criminal Investigation Command is leading the investigation. The suspect has not been charged.
In Jalalabad, near the border with Pakistan, "hundreds of protesters, many of whom are university students, have taken to the streets," said Ahmad Zaii Abdulzai, a spokesman for Nangarhar province.
Leaders from across Afghanistan's fragmented political terrain have expressed anger and outrage over the attack in the district of Panjwai in Kandahar province.
Karzai has condemned the weekend bloodshed as "unforgivable." Afghanistan's parliament has demanded a public trial for the suspect, and the Afghan Taliban have described U.S. troops as "sick-minded American savages" and vowed to exact revenge.
In a new statement Tuesday, the Taliban said the group would take revenge "by killing and beheading Americans anywhere in the country."
There are fears that Sunday's killings could reignite the anger that led to deadly riots directed at international forces last month over the burning of Qurans by U.S. troops. That was one of a string of incidents involving American forces that have strained ties between the United States and Afghanistan.
U.S. commanders were forced to condemn a video of a squad of Marines urinating on bodies in January, and several soldiers -- from Joint Base Lewis-McChord in Washington state, like the suspect in Sunday's shooting -- were charged with taking part in a rogue "kill squad."
Sunday's killings have brought a deluge of high-level statements from Washington expressing shock, sadness and insistence that the U.S. mission in Afghanistan would stay on course.
As he set out for a trip to the Middle East on Monday, Panetta said the United States and its NATO allies "seem to get tested almost every other day." But he added, "It is important that, all of us, United States, Afghanistan, the (NATO-led) forces all stick to the strategy that we've laid out."
"War is hell," he said. "These kind of events and incidents are going to take place. They've taken place in any war. They're terrible events. This is not the first of those events, and they probably won't be the last."
Monday, March 5, 2012
Gas prices climb, climb, climb!
NEW YORK (CNNMoney) -- The nationwide average for gasoline prices rose for the 26th straight day Sunday, topping the $3.76-a-gallon mark, according to the motorist group AAA.
The average price of regular unleaded gasoline climbed 0.7 cent in the latest 24-hour period. The price of gas is up from $3.47 a month ago and $3.69 a week ago. Last year at this time, gas was $3.49 a gallon.
The average price is now only 35 cents lower than the record high of $4.114 set on July 17, 2008. Average prices for regular gasoline top $4 a gallon in California, Alaska and Hawaii. At $4.38 a gallon, Hawaii ranks as the nation's high. Prices are within a nickel of the $4 mark in Connecticut, New York and Oregon, according to AAA.
Gas prices have been rising on the back of soaring oil prices, which have surged 10% over the past month amid fears that tensions with Iran will lead to an all-out war that causes a disruption in oil supplies.
Signs of an improving economy have also boosted oil prices, as has the stock market. All three major indexes hit multi-year highs this week, and the S&P 500 (SPX) has risen by more than 8% in 2012.
But some economists worry that high gas prices could be the tipping point that brings on a new economic downturn. "I don't think for a minute consumer confidence levels can be sustained in the face of sustained high gas prices," said Bernard Baumohl, head of the Economic Outlook Group, a Princeton, N.J., research firm.
As gas prices soar, Republican presidential candidates have tried to tie President Obama's policies to the increase.
On Thursday, Mitt Romney said Obama "should be hanging his head" over his energy policies and accused the president of slowing domestic production. Romney advocated opening federal lands to drilling and easing regulations on fracking, a controversial policy that involves pumping water into rocks to harvest gas.
Also on Thursday, Obama delivered a speech in New Hampshire that stressed that domestic oil and gas production is at its highest point since 2003. But he also emphasized the need to develop new energy sources, as domestic production alone is not enough to keep up with U.S. demand.
The president called on Congress to end the $4 billion in subsidies to the oil industry so as to better incentivize companies to seek out clean-energy technologies.
The average price of regular unleaded gasoline climbed 0.7 cent in the latest 24-hour period. The price of gas is up from $3.47 a month ago and $3.69 a week ago. Last year at this time, gas was $3.49 a gallon.
The average price is now only 35 cents lower than the record high of $4.114 set on July 17, 2008. Average prices for regular gasoline top $4 a gallon in California, Alaska and Hawaii. At $4.38 a gallon, Hawaii ranks as the nation's high. Prices are within a nickel of the $4 mark in Connecticut, New York and Oregon, according to AAA.
Gas prices have been rising on the back of soaring oil prices, which have surged 10% over the past month amid fears that tensions with Iran will lead to an all-out war that causes a disruption in oil supplies.
Signs of an improving economy have also boosted oil prices, as has the stock market. All three major indexes hit multi-year highs this week, and the S&P 500 (SPX) has risen by more than 8% in 2012.
But some economists worry that high gas prices could be the tipping point that brings on a new economic downturn. "I don't think for a minute consumer confidence levels can be sustained in the face of sustained high gas prices," said Bernard Baumohl, head of the Economic Outlook Group, a Princeton, N.J., research firm.
As gas prices soar, Republican presidential candidates have tried to tie President Obama's policies to the increase.
On Thursday, Mitt Romney said Obama "should be hanging his head" over his energy policies and accused the president of slowing domestic production. Romney advocated opening federal lands to drilling and easing regulations on fracking, a controversial policy that involves pumping water into rocks to harvest gas.
Also on Thursday, Obama delivered a speech in New Hampshire that stressed that domestic oil and gas production is at its highest point since 2003. But he also emphasized the need to develop new energy sources, as domestic production alone is not enough to keep up with U.S. demand.
The president called on Congress to end the $4 billion in subsidies to the oil industry so as to better incentivize companies to seek out clean-energy technologies.
Thursday, March 1, 2012
Romney Regains Stride With Victories in 2 States
NEW YORK TIMES
SOUTHFIELD, Mich. — Mitt Romney fought back a vigorous challenge from Rick Santorum in Michigan on Tuesday, narrowly carrying his native state, and won the Arizona primary in a pair of contests that reasserted his control over the Republican presidential race as it advances to critical Super Tuesday contests next week.
Arizona Primary Results » Candidate Pct.
Romney 47.3%
Santorum 26.6
Gingrich 16.2
Paul 8.4
Others 1.5
Updated Feb. 29 100% reporting
Michigan Primary Results » Candidate Pct.
Romney 41.1%
Santorum 37.9
Paul 11.6
Gingrich 6.5
Others 2.9
His victory over Mr. Santorum here in Michigan was far from commanding, but it was most likely sufficient to dampen the rising clamor from across the Republican Party about his ability to win over conservatives and connect with voters. The tussle with Mr. Santorum highlighted ample concerns about Mr. Romney, but his win spared his campaign from deep turmoil.
“I stand ready to lead our party to victory and our nation back to prosperity,” Mr. Romney told a jubilant crowd of supporters. “It’s a critical time in America.”
The victory by Mr. Romney in Arizona, which awarded him the state’s entire allotment of 29 delegates, was overshadowed by the battle in Michigan. He prevailed in the statewide popular vote by four percentage points, relying on large margins in the counties around Detroit where he spent his childhood, but the fight for delegates was closer.
SOUTHFIELD, Mich. — Mitt Romney fought back a vigorous challenge from Rick Santorum in Michigan on Tuesday, narrowly carrying his native state, and won the Arizona primary in a pair of contests that reasserted his control over the Republican presidential race as it advances to critical Super Tuesday contests next week.
Arizona Primary Results » Candidate Pct.
Romney 47.3%
Santorum 26.6
Gingrich 16.2
Paul 8.4
Others 1.5
Updated Feb. 29 100% reporting
Michigan Primary Results » Candidate Pct.
Romney 41.1%
Santorum 37.9
Paul 11.6
Gingrich 6.5
Others 2.9
His victory over Mr. Santorum here in Michigan was far from commanding, but it was most likely sufficient to dampen the rising clamor from across the Republican Party about his ability to win over conservatives and connect with voters. The tussle with Mr. Santorum highlighted ample concerns about Mr. Romney, but his win spared his campaign from deep turmoil.
“I stand ready to lead our party to victory and our nation back to prosperity,” Mr. Romney told a jubilant crowd of supporters. “It’s a critical time in America.”
The victory by Mr. Romney in Arizona, which awarded him the state’s entire allotment of 29 delegates, was overshadowed by the battle in Michigan. He prevailed in the statewide popular vote by four percentage points, relying on large margins in the counties around Detroit where he spent his childhood, but the fight for delegates was closer.
Subscribe to:
Posts (Atom)