Justice Sonia Sotomayor’s New Year’s Eve

Posted by AzBlueMeanie:

For those of you who still watch the ball drop in Times Square on New Year's Eve, you saw U.S. Supreme Court Justice Sonia Sotomayor start the ball drop.

Sotomayor
Pearl Gabel/New York Daily News

But before Justice Sotomayor joined revelers at Times Square, she had a busy evening issuing orders in appeals to the U.S. Supreme Court.

Several groups of Roman Catholic universities, schools, and charity organizations on Tuesday afternoon began filing a series of requests for the Supreme Court to delay enforcement of the contraceptive mandate in the new federal health care law. Lyle Denniston at SCOTUSblog reports, New challenges to birth-control mandate (UPDATED):

UPDATE 11:21 p.m.  In a case from the Tenth Circuit Court, Justice Sonia Sotomayor temporarily blocked enforcement of the mandate against the institutions in that case, while she awaits a response from the federal government, due by 10 a.m. on Friday.  Four separate applications were filed from different federal Circuits, but not all sought immediate relief.

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The Court has already agreed to hear constitutional challenges to the Affordable Care Act’s mandate on birth control and other pregnancy-related services, in the cases of Sebelius v.  Hobby Lobby Stores (docket 13-354) and Conestoga Wood Specialties v. Sebelius (13-356). The Court has not yet scheduled those cases for oral argument.  Briefing in those two is now in progress.

‘ObamaCare’ arrives this New Year’s Day

Posted by AzBlueMeanie:

Unless there was a late order entered by Judge Kathleen Cooper in Biggs, et al. vs. Brewer, et al. (CV2013-011699) that did not get recorded on the docket, Arizona's expanded Medicaid (AHCCCS) program under "ObamaCare" is effective today.

If you have been approved for Medicaid (AHCCCS) health care coverage, you are among the millions of Americans who now have health care coverage that you did not have before thanks to "ObamaCare." With new year, Medicaid takes on broader role:

Medicaid embarks on a massive transformation Wednesday — from a safety-net program for the most vulnerable to a broad-based one that finds itself at the front lines of the continuing political and ideological battle over the Affordable Care Act.

Already the nation’s largest health-care program, Medicaid is being expanded and reshaped by the law to cover a wider array of people.

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On Wednesday, people who have signed up for coverage under the new law will become eligible to receive it, in what supporters have hailed as a historic moment for health care in the United States.

So far, more than 2 million Americans, many previously uninsured, have enrolled in private health plans, thanks in large part to new federal subsidies for low- and middle-income people to buy coverage.

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A far greater number — about 3.9 million — took steps in October and November to sign up for Medicaid, according to federal figures. That includes people who became eligible for the state-federal program under the expansion as well as those who could have enrolled previously, but for one reason or another did not sign up until now.

Primary races for Secretary of State – What I expect to hear from the candidates

Posted by AzBlueMeanie:

Democrats in Arizona now have a primary race for Secretary of State — the chief elections officer in Arizona. Sen. Leah Landrum Taylor (LD 16) is joined by former Attorney General Terry Goddard as of Monday. Democrat Goddard to run for secretary of state.

On the Republican side we have the co-author of the GOP Voter Supression Act, HB 2305, Sen. Michele Reagan (subject to a "citizens veto" referendum on the 2014 ballot), Rep. Justin Pierce, former state Sen. Jack Harper, and self-funded millionaire Wil Cardon.

So let me lay down some markers of what I expect to hear from the candidates in the way of policy proposals for election law in Arizona.

I have been arguing for some time in favor of the "universal voter registration" proposals from the Brennan Center for Justice. Voter Registration Modernization | Brennan Center for Justice.

In a universal voter registration system, it would be the government's obligation to ensure that every eligible citizen was registered to vote. Individual citizens could opt out if they wished, but the registration process itself would no longer serve as a barrier to the right to vote.

Here are some of the important ways that federal policy can and should encourage the states to improve on the current voter registration system:

1. Mandate that the states put systems in place that would phase in universal voter registration, while preserving the states' ability to experiment with different systems.

2. Require states to immediately implement permanent registration, so that voters wouldn't have to re-register if they moved within a state.

3. Require states to implement Election Day registration, as a fail-safe mechanism for eligible voters missing from the voter rolls for any reason.

4. Provide the federal funding that states would need to ensure that every eligible voter is registered.

In 2013, Oregon Secretary of State Kate Brown came within one vote in the state senate of passage of House Bill 3521, a universal voter registation bill, when a Democratic senator balked at voting for the bill. Secretary Brown promises to bring this bill back again in 2014.

Court cases to watch in the coming weeks

Posted by AzBlueMeanie:

Our lawless legislature has several cases in court to keep an eye out for a decision in the coming weeks.

The first case of importance is Biggs, et al. vs. Brewer, et al. (CV2013-011699), the Tea-Publican legislature's challenge to Governor Jan Brewer's Medicaid (AHCCCS) expansion plan heard in Maricopa County Superior Court by Judge Kathleen Cooper on December 13, 2013. A Minute Entry dated December 18 says the matter is "under advisement." Judge Cooper did not indicate at the December 13 hearing when she would rule on pending motions, but there is a deadline of sorts — the "ObamaCare" Medicaid expansion provisions become effective on January 1, 2014.

Harris, et al. v. Arizona Independent Redistricting Commission (CV-12-0894-PHX-ROS-NVW-RRC), the Tea-Publican legislature's challenge to the Arizona Independent Redistricting Commission's (AIRC) state legislative districts map, was heard by a three judge panel of federal judges on March 22 and concluded on March 30, 2013. Supplemental briefs addressing the effect, if any, of the U.S. Supreme Court decision in Shelby County v. Holder on this case wrapped up by August 9. A decision has been pending for more than 120 days.

We are already well into the 2014 election cycle with the primary filing deadline in May. I would argue that time has already expired on the game clock — there needs to be certainty in legislative district lines, and the 2012 legislative district lines should remain in place for 2014. I anticipate a decision in this case shortly.

Court Certifies Lambda Legal Arizona Benefits Case as Class Action

Posted by AzBlueMeanie: Blog post from Lamda Legal: Court Certifies Lambda Legal Arizona Benefits Case as Class Action: Lawsuit Now Covers All Lesbian and Gay State Employees by Lambda Legal December 24, 2013 Yesterday, the U.S. District Court for the District of Arizona certified as a class action Lambda Legal's lawsuit on behalf of lesbian … Read more