Defend the Affordable Care Act, Lather, Rinse, Repeat

by Deborah Steinberg

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Photo by Deborah Steinberg

The Senate Gallery was packed for 1:00 a.m. on a bleak Thursday night, or more accurately Friday morning. It was a relief just to sit down, after we had been rallying outside the Capitol for six hours. Of course, these six hours were piled on top of night after night, week after week, of standing with disability rights groups, reproductive rights organizations, people fighting for transgender equality, and thousands of other individuals fighting to keep the Affordable Care Act (ACA) and the current structure of Medicaid in place.[1] No one believed the 2010 law was perfect, but the ACA was the first successful effort to regulate the health insurance market and ensure that low- and middle-income families as well as people with pre-existing conditions could access affordable and comprehensive care.[2] So we had fought, seemingly nonstop, for months to prevent these consumer protections from being repealed, as the Republican Party had been promising to do for the seven years since Obamacare was signed into law. It had been a long summer.

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House v. Burwell and the Cost-Sharing Catastrophe

by Deborah Steinberg

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Photo of U.S. Capitol Building, available here

Before there was “Repeal and Replace,” there was House v. Burwell.[1] In 2014, the U.S. House of Representatives filed a lawsuit against the Democratic administration in the U.S. District Court for D.C. for allegedly failing to implement several provisions of the Affordable Care Act (ACA).[2] A simple majority of Republican Representatives passed a House Resolution giving Speaker Boehner the authority to sue the Executive Branch to commence the litigation,[3] which is currently on hold at the appellate level.[4] Rejecting the majority of the allegations, the district court ruled in favor of the House of Representatives on its claim that the Obama administration was unconstitutionally funding the ACA because the House never appropriated certain payments.[5] The Court critically erred both in granting standing to the House and in denying the administration’s motion for summary judgment, and in so doing violated judicial precedent and the Constitution.[6] Consequently, the House Republicans could prevent lower and middle-income Americans from obtaining their entitlements provided under the ACA.[7] The lawsuit demonstrates the Republican effort to sabotage the ACA without the fear of political accountability while simultaneously creating additional barriers to the accessibility of affordable healthcare.

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How a Billionaire President Could Impact the Working Class

by Desiree Tims

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President Donald Trump Official Photo, available here

On November 8, 2016, the United States elected its forty-fifth President of the United States.[1] The historic presidential election of Republican Nominee, Donald J. Trump, who is a real-estate billionaire, sparked a national debate between those who support and oppose him due to his divisive campaign rhetoric and political inexperience.[2]

Polling data revealed that Trump received an overwhelming amount of support from working-class white voters.[3] Trump’s thematic “Make America Great Again” slogan was followed by his campaign promises to reinforce law and order, restrict immigration and reduce taxes.[4] Trump has many working-class supporters—some who yearn for the return of high-paying hourly factory jobs—as well as high-income supporters who deeply desire a change to the federal tax code.[5] Furthermore, Trump’s self-declaration as the “law and order candidate” has fueled the debate on criminal justice reform, racial disparities, and equitable application of law.[6]

President-elect Trump’s impact on working-class Americans remains to be seen, but here are three issues that could come to bear during his time in office:

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Forty Years of Restrictions on the Health-Care Rights of Low-Income Women

By Kate Vlach

September 30 marks the fortieth anniversary of the passage of the Hyde Amendment, a provision that has drawn a line between rich and poor when it comes to the constitutionally protected right to abortion.[1] Named after its main proponent, Rep. Henry Hyde, the Hyde Amendment bans federal Medicaid dollars from paying for abortion services in almost all cases.[2] The law’s practical effect means that women with financial resources have the right to choose when and whether to become parents, while women in poverty are left with a right in name only. If a low-income woman cannot afford the cost of an abortion procedure, she is denied a meaningful choice about whether to carry a pregnancy to term.

Medicaid is a publicly funded insurance program designed to meet the health needs of those who cannot afford medical care.[3] Yet, in Harris v. McRae, the Supreme Court held that Congress could exclude medically necessary abortion services from the Medicaid program under the Hyde Amendment.[4]According to the Court, this categorical denial of health services did not violate the Constitution because the freedom to choose does not come with “a constitutional entitlement to the financial resources to avail [one]self of the full range of protected choices.”[5]  It reasoned that “although government may not place obstacles in the path of a woman’s exercise of her freedom of choice, it need not remove those not of its own creation. Indigency falls in the latter category.”[6]

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Combating Food Deserts: Targeting Food Insecurity through Community Development Initiatives

by Maxamillia Moroni

Residents of Ward Three in Washington, D.C., which covers the upper Northwest quadrant of the District, have the highest average household incomes and the lowest rates of obesity in the city. Ward Three is also home to eleven of the District’s full-service grocery stores, amounting to one store for every 7,343 people. Conversely, residents of Wards Seven and Eight, which span the Southeast quadrant of the city, have the lowest average household incomes and the highest rates of obesity. In these Wards, there is one grocery store for every 20,415 residents.[1]  High poverty rates and limited access to healthy, wholesome foods are indicative of the food insecurity facing residents of many major metropolitan areas. While food insecurity is a mere symptom of larger, systemic issues facing our populations, targeted solutions that address food deserts can provide the foundation for broader community development.

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Stigma Not Science: The Prosecution and Punishment of Drug Use During Pregnancy

by Rebecca Besaw, Staff Editor, GJPLP

Combining claims of fetal personhood and the war on drugs, prosecutors and judges have come together to deny pregnant women full protection under the law. Through severe and direct punishment for drug use during pregnancy, these state actors continue the tradition of the war on drugs by targeting low-income people and people of color for prosecution.[1] 
According to National Advocates for Pregnant Women, a non-profit organization that specializes in this issue, at least 45 states have attempted to prosecute pregnant women based on a theory of harm to the fetus.[2]

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