Insurrection Ineligible

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Under the United States’ federal form of government, elections are administered by the states. Why are state constitutions being left out of the picture?

The Colorado Supreme Court has put state courts front and center for 2024, ruling Donald J. Trump ineligible for the ballot in Colorado, pending appeal to the U.S. Supreme Court.

January 6, 2021

As everyone not living under a rock knows, at issue is Section 3 of the 14th Amendment:

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. (July 9, 1868)

Constitution of the United States

Shortened to pertinence, the section reads,

“No person shall […] hold any office, civil or military, under the United States, […] who, having previously taken an oath […] as an officer of the United States […] to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same[.]”

The section seems clear to a non-lawyer but is being characterized as vague or not spelled out. Setting aside definition of “officer of the United States” for now, the key term is insurrection.

The U.S. Constitution itself refers to insurrection only briefly—very, very briefly—in enumerating powers of Congress: in Section 8, Congress can call forth the militia to “suppress insurrections.”

No definition is given for “insurrections,” suggesting that none was considered necessary; and suppressing insurrections is a power of Congress, not only of the Commander in Chief. (Sadly, the D.C. Code states that local authorities in Washington, D.C., can call upon the Commander in Chief for help in suppressing riots. An update may be needed.)

The brief statement on insurrection in the U.S. Constitution is reinforced by state constitutions. This is not a federal-government-versus-state-government issue.

For the record, the state constitutions of Colorado, Iowa, Maryland, Virginia, North Carolina, South Carolina, Texas, Florida, Oklahoma, Utah, Wyoming, Mississippi, Alabama, Louisiana, Idaho, New Mexico, Nevada, and Arizona all refer to “insurrection,” not favorably but as a self-evident ill to address. So do the constitutions of Pennsylvania, New Jersey, and Massachusetts.

I have not gotten to the other 29 state constitutions yet, but so far an unshakeable pattern has emerged. To summarize, in the states named, without exception,

  1. The governor has power to suppress insurrection.

  1. The state can take on public debt and/or appropriate funds against insurrection.

In regard to public debt and insurrection, North Carolina goes farther.

Section 3 (4): “Certain debts barred.  The General Assembly shall never assume or pay any debt or obligation, express or implied, incurred in aid of insurrection or rebellion against the United States.”

Section 4 (4): “Certain debts barred.  No county, city or town, or other unit of local government shall assume or pay any debt or the interest thereon contracted directly or indirectly in aid or support of rebellion or insurrection against the United States.”

Variations of language do not disrupt the patterns, the state powers to address insurrection. For example, the governor can call out the state militia and put down insurrection even where, as in South Carolina, Arkansas, or Pennsylvania, the same section does not explicitly designate him “commander in chief.”

Also, for whatever historical reasons, the state constitutions of Texas, Alabama, Louisiana, Maryland, and Arizona do not contain the word “rebellion,” often in other states associated with “insurrection” or “invasion.” But as said, they all address “insurrection.”

There are two more overall patterns to mention here.

  1. Many state constitutions—though not all—say that the right of habeas corpus shall not be suspended except in connection with insurrection, rebellion, or invasion.  The state constitutions of Texas, Alabama, Louisiana, Arizona, and Maryland do not have this provision but say flatly that habeas corpus shall not be suspended.

  1. No state constitution uses the word “convicted” in connection with insurrection, rebellion, or invasion. (If an example turns up, I will include it in a later post.)

With all due deference to Rep. Phillips, none of the references to insurrection or rebellion in any state constitution say anything about being convicted. When the word “convicted” is used about public officials, it mainly refers to offenses like bribery and embezzlement.

Obviously, some state constitutions were written or rewritten after the Civil War, with the Confederacy in mind, although provisions against insurrection pre-dated the Civil War in older states. There was little need for conviction on Civil War actions, when the actions were highly public; the identities of Jefferson Davis et al. were widely known.

In this respect, Donald J. Trump’s actions are indeed analogous to the highly public actions of southeastern states after Fort Sumter. Trump’s actions are always highly public—televised, videorecorded, ongoing even after January 6; trumpeted in rallies, on Trump’s own social media, and at Mar-a-Lago; used flamboyantly in fundraising appeals coast to coast.

Speaking of being convicted, or not, on the related topic of impeachment, the state constitutions create another unshakeable pattern:

  1. As in the U.S. Constitution, punishment in impeachment extends only to removal from office and disqualification from serving in public office in the future. Neither the U.S. Congress nor state legislatures can jail a convicted individual, and rightly not. BUT, also as in the U.S. Constitution, the outcome of an impeachment trial does not protect an official from prosecution or from other actions of the law after office. This provision is stated clearly in the constitutions of Colorado, North Carolina, Virginia, Florida, Texas, New Mexico, Nevada, Arizona, South Carolina, Georgia, Mississippi, Louisiana, Arkansas, Pennsylvania, Massachusetts, New Jersey, Idaho, Wyoming, Utah, and Iowa.

Trump’s weakest ground is his weird insistence that he is immune to prosecution because he is out of office but was once in office.

The wording of the Arizona state constitution is luminously clear on this point (Part 2.2):

“The party, whether convicted or acquitted, shall be liable to trial and punishment according to law.”

UPDATE 12/22/23. Add the Michigan state constitution to the list of documents upholding the governor’s power to deal with “insurrection.” The Detroit News today reported that Donald Trump was caught on tape pressuring state election officials in Michigan to avoid certifying the 2020 presidential vote in that state. Also on the call was Ronna McDaniel, Chair of the Republication National Committee. The telephone conversation as reported would induce them to violate their oath of faithfully performing the duties of their office, but Trump backed up McDaniel in assuring them that they would have legal protection. McDaniel is recorded saying, “We will get you attorneys,” and Trump, “We’ll take care of that.”

Updates on that ‘blue wave’question for 2018 midterms

Is a ‘Blue wave’ really coming?

Image result for blue wave 2018

Again, from those helpful people at TargetSmart, sent around initially by Politico “Morning Score”–below are the ten highest vote totals, reported or estimated, of early voters and absentee voters, by state. A few changes to the list since last week, aside from more votes. Texas, modeled GOP, moved up from 5th to 1st in early/absentee voting. Colorado, modeled GOP slightly, moved up into the top-ten turnout in 9th place. Arizona, modeled GOP, moved up from 8th to 6th in vote totals so far.

  1. Texas – modeled GOP    (2,380,937)
  2. Florida – modeled GOP   (2,013,970)
  3. California – modeled Dem      (1,512,058)
  4. Georgia – modeled GOP         (1,053,445)
  5. North Carolina – modeled Dem     (1,049,521)
  6. Arizona – modeled GOP         (824,130)
  7. Tennessee – modeled heavily GOP     (805,652)
  8. Michigan – modeled GOP       (574,807)
  9. Colorado – modeled GOP, barely       (548,754)
  10. Ohio – modeled GOP  (535,373)

Net effects: California, modeled Democratic, moves down to 3rd; and Illinois, modeled Democratic, slides to eleventh. The other net effect: of the ten states with the most early and/or absentee voters, eight are modeled GOP by this Democratic political data-services firm.

North Carolina remains the only plus sign for the Democratic Party in this top-ten list both in modeling and in high early/absentee vote. Illinois – modeled heavily Dem  (479,867) – unsurprisingly – also shows solid turnout/returns, though less so than Tennessee among others.

Below the top ten states, Iowa is still good news for Democrats – modeled Dem (282,661). So is Virginia, but again with lower early voting at 160,822.

The two biggest states in the top ten, Texas and Florida, still look GOP, if the modeling is accurate. It should be pointed out, however, that the early vote totals on the website differ seriously from the count provided by the Texas Board of Elections. [My mistake: inserted total for registered voters.]

Michigan and Ohio voting still look Republican. (Michigan does not have early voting, so its high total means that an awful lot of people are taking steps to vote absentee.) So do Wisconsin – modeled GOP (219,580), and Pennsylvania – modeled GOP (93,485). If North Carolina has high early/absentee voting and Democratic modeling, Pennsylvania has correspondingly low returns, so far, and Republican modeling. (Pennsylvania does not have early voting but has absentee voting.)

Someone who really wants to crystal-ball-gaze with numbers might check out the data on how many of these early/absentee voters are indicated as Caucasian and as senior citizens, by the way.

Image result for blue wave 2018

Is there a ‘Blue wave’?

Is a ‘Blue wave’ really coming?

Image result for blue wave 2018

I’m not so sure. Or to put it better, I cannot see it from here, in the blue state of Maryland.

I’ll come back to the question next week. For now, here are some numbers on early voting, from TargetSmart, sent via Politico’s “Morning Score” emessage.

Early voting so far has been hefty but not out-of-sight (unlike the $$$ donations). (More on those next week.) Here are the top ten states, by vote totals reported or estimated of early voters and absentee voters so far:

  1. Florida – modeled GOP   (1,168,600)             [now 1,448,251]
  2. California – modeled Dem      (786,096)
  3. Georgia – modeled GOP         (742,017)
  4. North Carolina – modeled Dem     (709,603)
  5. Texas – modeled GOP            (678,680)         [now 1,187,007]
  6. Tennessee – modeled heavily GOP     (521,918)
  7. Michigan – modeled GOP       (428,692)
  8. Arizona – modeled GOP         (370,137)
  9. Ohio – modeled GOP  (369,526)
  10. Illinois – modeled heavily Dem  (246,006)

Of the ten states with the most early and absentee voters, seven are modeled GOP by this Democratic political data-services firm.

The only plus sign for the Democratic Party in this top-ten list both in modeling and in high early/absentee vote, so far, is North Carolina. (California and Illinois are both modeled deep-blue, but as usual; not much surprise there.)

Just below the top ten states, the next good news for Democrats is Iowa – modeled Dem (220,635). Minnesota early voters are also projected at more Democratic than GOP (185,215). Virginia is also modeled Dem, but with lower early voting at 124,752.

The two biggest states in the top ten, Texas and Florida, appear to be going GOP, if the trend lines continue. Meanwhile, the fact that Michigan and Ohio voting appears Republican-majority at this point calls into serious question any ‘blue wave’, let alone a blue tsunami.

Same point re Wisconsin – modeled GOP (119,168) [now 200,626], and for Pennsylvania – modeled GOP (56,004). If North Carolina is a bright spot for Democrats with high early/absentee voting and Democratic modeling, Pennsylvania looks correspondingly worse, with low voting and Republican modeling.

Obviously, early voting is still going on; the early and absentee ballots are not all in yet. Some updates can be found quickly, vide the State of Texas website.

Then there’s Election Day to come.

Predictions are vain, and there is no crystal ball. But some of the thuggish blue-wave triumphalism I’ve glimpsed looks premature, to say the least.

Image result for blue wave 2018

San Andreas Fault: Those three little words that mean so much

Would abolishing the Electoral College really be grass-roots progressivism?

The 2016 popular vote and the Electoral College

One result of the 2016 elections is the new call to abolish the Electoral College. This move is  supported by some progressives, but it is a sad divagation for progressivism. To throw away a huge swath of the polity, to cut large areas of thin population density out of the polity–this is grass roots?

Principle aside, supporters of eliminating the Electoral College should beware unintended consequences. In other words, try to figure out what abolishing it would actually accomplish. Predictions are dicey, but so far as can be predicted now, one effect of abolishing the Electors would be to magnify the importance of cities or metropolitan areas beyond even their current importance in elections.

U.S. population growth: cities

U.S. population growth: cities

Full disclosure: As someone who grew up in Houston and lives in the metropolitan Washington, D.C., area, I myself love cities. In America’s tiny towns there would be few jobs for me–or for the host of our many-times-wrong cable commentators. (Hence the ‘flyover’ perspective often seen in media.) But throwing away our ‘country’ in elections is waste on a grand scale. On principle, I support maximizing nationwide participation at the grass roots. Therefore I am against the converse, whether it is represented as rejecting Howard Dean’s ’50-states’ strategy (why was that rejected?), repudiating the Deep South, or in Barry Goldwater’s words, cutting off the Eastern Seaboard and letting it float out to sea. (At least back in Goldwater’s time, nobody called it commentary, let alone political science.) Also, I would have liked to see Texas metro areas get more attention from national Democrats. I got my start in political volunteering in high school, licking envelopes for Sissy Farenthold and Frankie Randolph. If direct election by voters would help, I’m all for it.

But that it would help is not a given. Looking at the last two years and focusing a bit more on people than on ‘demographics’, Texas cities would seem to have held rich potential for Democrats. The dozen largest U.S. cities-metro areas in 2015 included Dallas-Fort Worth and Houston, combined population more than 13.6 million. Add Austin for another two million-plus and the San Antonio region for another 2.3 million-plus. Furthermore, these Texas cities are growing, a trend projected to continue; they will be even more vote-rich targets in 2020 than now. But would Texas cities–still harping on my hometown–actually receive the attention from national campaigns that their population would seem to justify? If so, why don’t they receive it now? According to the U.S. census, the population of Texas is about 27.4 million. The metropolitan areas named add up to more than 18 million, more than half the state total, conveniently findable in areas where people live close to each other. Not that whole Houston neighborhoods would likely be driving across each other’s front yards to hear a candidate, like people getting their cars out of the way of a hurricane, but still–you’d think they would be reachable. Other Texas metro regions are also growing fast, as reported in this article from the estimable Texas Tribune.

Added to the above data is the fact that Democratic candidates ousted Republicans in Houston-Harris County in November 2016. In fact, Democrats defeated all the GOP judges in Harris county, along with a new sheriff whose first moves in office had included demoting all non-white, non-males in his command staff. A gay woman also defeated the female District Attorney. According to an old friend, this was probably because “the sitting DA jailed a rape victim for 30 days because the victim fell apart on the stand at the rapist’s trial and the DA was concerned that the victim, who had mental illness issues, would not return when the trial continued. The victim was held in the county jail, not a mental health facility, for 30 days.”

Such are the times when genuine grass-roots progressivism is needed–and it happened in Harris County, ‘Red State’ or no. So if votes are desired, and direct participation is encouraged, why don’t the Democrats and others upset about the Electoral College spend more time and attention in Texas now? After all, in the Electoral College, Texas has 38 votes.

Electoral College 2016

Electoral College 2016

You see where I’m going with this. If a national Democratic Party doesn’t campaign in Texas now, with the combined prizes of popular vote and 38 Electors, what is the guarantee that it would campaign in Texas for the popular vote alone?

Yes, Austin is a long way from Madison, Wisconsin. But the same question arises in regard to Wisconsin, Michigan, and Pennsylvania. As written in the previous post, one problem with the abolish-the-Electoral-College picture is that it is hard to envision these three ‘Rust Belt’ states getting more attention without the prize of Electoral votes than they got in 2016 with a combined 46 Electoral votes, or 17 percent of the total needed to win the White House. Adding Ohio, Iowa, Indiana, Minnesota, and Illinois constitutes 41 percent. But as written, this entire block of Electoral votes outside Illinois was written off by the Clinton campaign with its ‘electable’ candidate. The ‘Rust Belt’ perspective in the media seems to have been matched in the campaign.

For further perspective, let’s go to another state, even more vote-rich than Texas, with large populations concentrated in metro areas–California. It is essential to note that California is the source of Secretary Clinton’s popular vote lead. This spreadsheet from Cook Political Report puts Clinton’s lead over Trump nationally at more than 2.6 million. Subtract California from the votes for each candidate, however, and Trump leads Clinton by 1.6 million votes nationally. The Clinton lead comes from the yawning gulf of 4.2 votes in California, the state which singly produced more than 13 percent of Clinton’s votes–more than twice as many as New York State, more than the total of all the smaller ‘blue states’ combined, and more than Florida and Texas combined.

(As of this writing: 62,808,243 – 4,463,932 = 58,344,311 Trump. 65,462,476 – 8,719,198 = 56,743,278 Clinton.)

Thus if the Electoral College were abolished, any national Democratic campaign would have to devote time and resources to California for the sake of its popular votes alone. Mentioning Clinton’s popular vote lead is the short argument for abolishing the Electoral College (though without mentioning that most of the lead comes from California). Indeed, one could guess that national Democrats would focus on California more than on any other single part of the country.

So what might the reckoning be? For a start, nothing in this picture screams that voters in smaller states would necessarily get more attention, even on the coasts.

But in terms of campaigning, there is a rawer point. In this picture, if what appeals to California voters also appeals to the nation at large, all is well. But suppose there were some divide? Suppose what pleased California did not equally please the nation at large, and vice versa, or did not equally please Wisconsin, Michigan, and Pennsylvania? Again, wasn’t that the situation this time?

Moving from past to future, let’s get really creative, or fiendish. Those three little words that mean so much . . .

San Andreas Fault map

San Andreas Fault map

San Andreas Fault

 

Suppose someone were to remind the nation, as the late Molly Ivins did back in the 1990s, that the U.S. economy underwrites real estate development on the San Andreas Fault. Saturn-like real estate prices in California rest economically on factors including population, climate, and high-profile industries. They rest politically on ignoring the risk. They rest geologically on the meeting of two tectonic plates. Suppose someone were to present a rational proposal addressing this geological fact? (Far-fetched, I know, but use your imagination.) What would that do to a national campaign concentrating a third of its resources on California?

Going a little deeper, what would it do to the polity, to ask the rest of the nation to bail out California real estate and developers building full-steam-ahead in California? To ask the rest of the nation to bail out insurers in California?

If the entire nation actually got a vote, how would that vote turn out?

 

Rabid Propaganda against HERO in Houston

Open Propaganda in Houston against HERO

Today’s Washington Post features a front-page article on the Houston Equal Rights Ordinance (HERO). As the article nicely puts it, a battle has been waged in some quarters.

From what I hear from locals—I grew up in Houston and have relatives there—the national coverage understates the rabid propaganda attack mounted against HERO. Polls show tomorrow’s election as tight.

Here is part of what an old friend passed along, when I forwarded him a short report on the polling:

“You’re very lucky that you’re not here and watching tv. There have been ads against the equal-rights ordinance that would make your skin crawl. Things like abandoned rest-rooms into which a little girl walks, enters a stall, and is immediately trapped by a thug-like male hiding in the stall next to her.”

In summary,

“The notion that sexual predators will use the transgender part of the ordinance to trap and abuse girls/women has become the major point the opposition is making.”

For the race in his City Council district, furthermore, my friend has even gotten a flier from one of the candidates, a school principal, running against the incumbent–who stresses her affiliation with the Roman Catholic Church—mentioning the church’s view/s on sexuality. (Guess which ballot issue this disclosure of private faith would be pertinent to.)

The flier even names the church said principal is a member of, and includes a photograph of the candidate at her grandson’s first communion.

Side note: The Houston mayoral race also looks tight. According to an astute analysis, Sylvester Turner may come in first. Adrian Garcia may have too many problems connected with his record to come in second. Garcia was almost the only Democrat left in Harris County government. He alienated party officials, counting their bird in hand, when he gave up his sheriff’s position to run.

 

Meanwhile, pensions for Houston city workers are also an issue, with the focus on supposedly controlling “what are described as sky-rocketing pension expenses.” It’s the GOP (candidate Bill King) claim to fame—curtailing the earning and saving capability of working people, undermining and weakening the public sphere, and calling it fiscal responsibility.

 

Which Odds Makers Will Get today’s College Bowls Wrong?

Which Odds Makers Will Get today’s College Bowls Wrong?

Thirty-five 2013-2014 college bowls in football, some with bowl names that make parody difficult if not impossible. The sheer number of bowls (35) goes beyond satire. So it seems productive, as well as fair, to take a quick look at one of the least savory aspects of this high-skill, high-speed, high-injury activity, and review the picks and the odds makers.

 

NIU: wrong guess

Where bowls go, the odds makers follow. As of this writing, the picks and favored have been mostly right. But rather narrowly. Fifteen games have been played on the NCAA football bowl schedule so far. Of the fifteen, four picks have been wrong. Of the winning teams and right picks, four of the favored were damned with faint praise–favored, but not by near enough to be realistic.

 

Las Vegas

Saturday, Dec. 21, was the worst day for the pickers. That Saturday gave us the Las Vegas Bowl, the New Mexico Bowl, the Idaho Potato Bowl, and the New Orleans Bowl.

Monday, Dec. 23, more importantly my brother’s birthday, gave us the Beef O’Brady’s Bowl: Ohio versus East Carolina (20-37). At least East Carolina was favored, although it won by more. Picks more right than wrong, arguably.

Christmas Eve Tuesday took us to the Hawaii Bowl, with Boise State versus Oregon State (23-38).

The line on Oregon State was three, and some writers picked Boise State. Oregon State won by fifteen.

Inadequate prognostication. Not by enough.

Pitt and pizza

Thursday, Dec. 26, took us the Poinsettia Bowl and to the Little Caesars Bowl.

Friday, Dec. 27, offered the Military Bowl, the Texas Bowl, and the Fight Hunger Bowl. The customary pronunciation of that last one is ‘fight hunger‘, with the stress on the latter word, meaning to combat the sad ill of people going without food. One sportscaster, doused in testosterone, called it ‘the fight hunger bowl’.

  • Marshall was favored to beat Maryland in the Military Bowl and did, 31-20. An easy call, and they got it right.
  • In the Texas Bowl, in Houston, Minnesota was favored over Syracuse by four or more. At the final, Syracuse won by 21-17. Prediction not very close. One forecaster did have some astute comments, and predicted right.
  • In the Fight Hunger Bowl, regardless how you pronounce it, Washington was rightly favored over BYU, and won 31-16. Another easy call that they got right.

Saturday, Dec. 28, brought the Pinstripe Bowl, the Belk Bowl, the Russell Athletic Bowl, and the Buffalo Wild Wings Bowl.

  • Ranked [?] team #25[?] Notre Dame was favored to win over Rutgers in the Pinstripe Bowl and did, 29-16. The predictions were right.
  • In North Carolina’s Belk Bowl, North Carolina was favored, but not by nearly enough. The 39-17 defeat of Cincinnati was more lopsided even than the score indicated, let alone the predictions. Some sentimentalists picked Cincinnati. We need another Cincinnatus today, but the guess is still wrong.
  • Speaking of lopsided, in the Russell Athletic Bowl Louisville was picked over Miami, but again not by enough. Final score Louisville 36, Miami 9.
  • Prognosticators were on more solid ground in the Buffalo Wild Wings Bowl, picking Kansas State comfortably over Michigan. Kansas State won 31-14.

 

Bridgewater

What does a non-football expert take away from all this? Well, not too much. Some possible or tentative hypotheses:

1) Strong loyalties might make for wrong predictions. But on the strict thumbs-up-thumbs-down of picking the winning and losing team in a game, big-time indifference does not seem to make for accuracy. The better guesses came in games that more people care about. The bowls fewer people cared about, such as the New Orleans Bowl with two Louisiana teams and the Little Caesars Pizza Bowl that ran out of pizza for media, got picked/predicted wrong. Maybe more heads are better than fewer.

2) Other things being equal, the picks either did go or might as well have gone by conference. On the whole, the stronger the conference, the more likely an accurate pick. SEC schools have of course not played yet, since the best bowls have yet to come–more on that, later. But Colorado State was correctly picked over Washington State (Pac-12), Kansas State (Big 12) over Michigan (Big Ten), and Notre Dame (ACC) over Rutgers. It will be interesting to see whether this pattern, if it is a pattern, holds up for more bowls in which teams from strong conferences play each other. But in the meantime, it’s beginning to look as though either objectivity is overrated, or indifference doesn’t make for objectivity (accuracy). Maybe more resources of time and attention do make a difference in quality of prognostications . . .

3) For an expert gambler, it would make more sense to bet on the prognosticators than on college football.

For the record, this writer is against betting on college sports in the first place. To have the governors of two states wager a bushel of oysters against a bushel of corndogs, or whatever, is one thing. To wager money on the bones and brains of guys often not old enough to drink (legally) is another.

Also for the record, I have come around to the view that college football players should be paid. The laborer is worthy of his hire. After many years of holding the opposite position, I have switched. Partly this is the influence of reading articles by The Washington Post’s Sally Jenkins.

Back to this season’s bowl games: How will the next picks hold up?

Odds as of Dec. 29.

Spread predictions here.

ScreenShot December 30th bowls

Coming up today and tonight, we have,

Monday, Dec. 30:

Who will get today’s games wrong?

 

More to come.

Today begins the open enrollment period for health insurance

Affordable Care Act sign-up begins today

October 1, 2013: Today begins the open enrollment period for health insurance.

Under the federal Patient Protection and Affordable Care Act, people who do not have insurance (or Medicare), or who want to switch their insurance coverage, can begin signing up for individual or family coverage.

As we know by now, this move into the 21st century has been stridently opposed–

  1. by people who hate insurance companies and hate the idea of having to buy insurance,
  2. by well-funded lobbyists working for billionaire reactionaries, for the insurance industry, for the tobacco companies, etc.,
  3. and by people who already have some version of insurance coverage, or think they have, and hate the idea that other people might gain some.

 

Benign image

As to these three groups,

I have some gut sympathy for the first bunch. Full disclosure: I have worked stints in insurance companies myself, working among nice people–who typically get employer-provided benefits, too, by the way. But decades of seeing insurance company abuses go unreported tends to undermine one’s faith in unfettered market forces. It doesn’t help that the media outlets thus underreporting are often cross-invested with the insurance industry.

The second bunch are being paid. (End of story.)

The third group is the saddest. In this group, people motivated by race are–as we say–disproportionately represented. The third group also includes a significant number of sad people who are themselves on Medicare or other public assistance, but who are eager to believe that fellow citizens are getting away with something. Remember Matt Taibi’s you-are-there piece in Rolling Stone? A Sarah-Palin-led rally looks like a Medicare convention. I have seen and heard the same thing closer to home.

Ironically, people in all of these groups would themselves have benefited from a reasoned approach to underwriting health care expenses–a single-payer plan. But the major party that represents groups 2 and 3 opposed every such move. It has also opposed almost every move for health and wellness, from lowering the speed limit on highways to limiting access to military-grade weapons of deadly force to reining in the tobacco companies to limiting use of herbicides and pesticides in food growing to limiting deadly emissions in the air to limiting groundwater contamination. Et cetera. The opposition to the Affordable Care Act should be viewed through this prism. Opposition is not a bright-line rejection of ‘government intrusion’. Many individual opponents of the ACA themselves receive public assistance, red states are the biggest drawers of federal funding, and no corporatized industries reject government assistance.

GOP Congress members keep their health coverage

Back to the Affordable Care Act. Some useful links:

For Maryland, go to Maryland Health Connection. Or call 1-855-642-8572. Every plan on the Maryland Health Connection (the Maryland Health Benefits Exchange) includes preventive services.

For Texas, go to http://www.tdi.texas.gov/consumer/cpmhealthcare.html.

Note: The ACA is lowering health care rates for Texans. Gov. Rick Perry is doing his utmost to violate both the letter and the spirit of the health care law, even though Texas has the highest proportion of uninsured people in the nation, including uninsured children.

As the Texas web site states,

“Texas has indicated that it will not create a state-based health insurance marketplace (formerly called the exchange). See the letter from Governor Perry dated November 2012.”

For local workshops in San Antonio Oct. 3 and in Houston Oct. 10, go here.

Texas hearts

Here in summary are some key provisions of the new law:

  • The customer can no longer be denied coverage because of chronic illness or pre-existing condition
  • The customer can include children on the insurance plan until they reach the age of 26
  • There is no annual limit on care (cap on coverage paid by the company, per year)
  • There is no lifetime limit on care (cap on coverage paid by company over lifetime)
  • The insurance becomes effective Jan. 1, 2014, if purchased (in Maryland) by Dec. 18, 2013
  • ‘Navigators’ or assisters are available to help people sign up for coverage
  • For adults at 138 percent to 400 percent of the federal poverty line, tax credits are available through the state health exchanges to help pay for premiums
  • Private coverage is purchased, in most states, through insurance exchanges
  • Some private insurance agents are signing up with the exchanges
  • Medicaid coverage varies by state

Speaking of Medicaid, here is another feature of the Affordable Care Act: the asset base limit got thrown out. In other words, Americans are no longer required to drain or lose everything they have ever earned or saved, over their lifetimes, to become destitute, to become eligible for Medicaid. In states that are not shrinking Medicaid by opposing the new law, Medicaid eligibility will be determined by income.

Anti-Medicaid plotting in red states?

Back to Maryland, and Medicaid:

  • Medicaid in Maryland is expanding to cover adults under age 65, up to 138 percent of the federal poverty line (about $32,500 per year for a family of four, or $15,856 for an individual)
  • Eligibility for Medicaid in Maryland will be based on the federal modified gross income
  • There is no ‘means test’; income verification is provided through IRS returns, Social Security data, and other federal and state data
  • According to the Maryland Health Connection, “Eligibility will be determined in real time in most cases.”
  • Young adults who have aged out of foster care will be eligible for Medicaid up to age 26

Stay tuned.