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Boehner Touts Yet Another Ridiculous Constitutional Objection To The Affordable Care Act

Last month, the Obama Administration approved important regulations under the Affordable Care Act requiring health plans to cover contraceptive services. Never one to miss an opportunity to falsely claim something related the the ACA violates the Constitution, Speaker John Boehner (R) said today that these regulations are unconstitutional:

House Speaker John Boehner (R-Ohio) said that the mandate that health insurance plans provide contraceptives at no charge “violates our Constitution,” because it forces Catholics to violate their consciences.

“I think this mandate violates our Constitution,” Boehner said during his weekly news conference Thursday.

Boehner said that there was “a lot of opposition” to the new regulations enacted by the Department of Health and Human Services, because it forces Catholics to provide access to contraceptives despite the fact that the Catholic Church holds that contraception is immoral.

It’s important to note that the regulation exempts churches that provide health insurance to their employees and nothing in the regulations require health providers with religious objections to proscribe contraception. Additionally, it’s not exactly true that “Catholics” believe what Boehner claims they believe. Although the conservative United States Conference of Catholic Bishops does indeed object to these regulations, 98 percent of sexually active Catholic women use contraception.

Boehner’s constitutional analysis, moreover, is completely absurd. There is nothing in the Constitution saying that a person does not have to comply with the law simply because they object to it — if this were actually true, anyone could immunize themselves from paying taxes simply by claiming a moral objection to doing so. Nor does the Constitution allow people to violate the law simply because they have a religious objection to it.

The seminal Supreme Court opinion establishing this point was written by conservative Justice Antonin Scalia — who, coincidentally, is Catholic. Scalia explains that “the right of free exercise does not relieve an individual of the obligation to comply with a ‘valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes).’” In other words, so long as a law does not single out Catholics (or any other faith) for inferior treatment, the law applies universally to everyone.

Ultimately, however, it is not surprising that Boehner is once again mouthing off about the Constitution without understanding what it actually says. The Speaker, of course, is a proud supporter of the lawsuits challenging the Affordable Care Act, despite the fact that a leading conservative judge that the case against the ACA has no basis “in either the text of the Constitution or Supreme Court precedent.”

NEWS FLASH

Study: Pictures Of Vegtables Encourage Kids To Eat More Vegetables | A research letter released by the Journal of the American Medial Association says that placing photographs of vegetables on the lunch trays of elementary-school students significantly increases not only the number of children who consume vegetables, but also the quantity of vegetables they’re likely to consume. The pictures, which featured images of green beans and carrots, were placed in two separate lunch tray compartments. The number of children who took green beans jumped from 6.3 percent to 14.8 percent, while the percentage of kids who ate carrots spiked from 11.6 percent to 36.8 percent. Researchers believe the experiment worked because the pictures played on kids’ sensitivity to societal norms, as “seeing the photos in the compartments gives kids the impression that “this must be where everyone puts their vegetables,” and that everyone is eating them[.]” As part of new USDA rules recently unveiled by First Lady Michelle Obama, schools are obligated to offer students more fruits, vegetables, and whole grains as part of their lunches. — Fatima Najiy

Komen Head Claims Response To Planned Parenthood Decision Is ‘Very Very Favorable’

America’s largest breast cancer organization the Susan G. Komen Foundation is sustaining serious blowback from its decision to sever ties with Planned Parenthood. Though the foundation insists its a non-partisan non-profit, its new rule only targets Planned Parenthood based on the politically-motivated agenda of anti-choice Republican lawmakers has certainly jeopardized its neutrality.

Today on MSNBC, host Andrea Mitchell — herself a breast cancer survivor — also pointed out to Komen’s founder and former George W. Bush Ambassador Nancy Brinker that the move is pummeling the foundation’s brand. Brinker, however, insisted that the responses the foundation received were nothing but “very, very favorable”:

MITCHELL: What do you do about the fact that donors are pulling back. Some people would say that the anger that’s being expressed is going to hit you in the pocketbook. You have worked so hard to create a bipartisan organization. Look at your Facebook page. Your Facebook page has people cutting pink ribbons in half. Your branding is at stake.

BRINKER: Andrea, all I can tell you is that the responses we are getting are very, very favorable. People who have bothered to read the material, who have bothered to understand the issues — again we work for a mission, everyday of our lives.

Watch it:

A brief survey of the actual responses indicates that “favorable” must be Brinker’s coded way of saying “overwhelmingly negative.” As Mitchell noted, the Komen foundation’s Facebook page is riddled with disgust over the decision and promises to cease donations to the charity. “Shame shame shame,” reads one of the thousands of negative comments. Indeed numerous donors — including Rep. Jackie Speier (D-CA) and Sen. Barbara Boxer (D-CA) — have pulled their support.

Even Komen’s own state affiliates are rebelling. The board president of Komen Connecticut promised to continue offering grants to Planned Parenthood and the executive director of the Los Angeles County chapter is resigning. In fact, the national foundation’s own top public health official resigned immediately after learning of the decision in December.

And now, 22 Democratic U.S. senators are sending a strongly worded letter urging Komen to reverse its “troubling decision” that “threatens to reduce access to necessary, life-saving services.” “It would be tragic if any woman — let alone thousands of women — lost access to these potentially life-saving screenings because of a politically motivated attack,” the letter states.

Update

The New York Times reports that New York City Mayor Michael Bloomberg (I) will donate $250,000 of his own money to Planned Parenthood in protest of the Komen Foundation’s decision.

REPORT: Seniors Saving On Prescription Drugs As A Result Of Health Reform

The Affordable Care Act has produced $2.1 billion in prescription drug savings for nearly 4 million seniors and people with disabilities who were enrolled in Medicare Part D in 2011, a new Obama administration report finds. The savings are the result of a provision in the health care law that provides a 50 percent discount for brand-name drugs and 14 percent discount for generic brands to Medicare beneficiaries in the so-called “doughnut hole.” Seniors can expect greater savings as the law completely closes the coverage gap over time.

The average Medicare enrollee will save approximately $4,181 from 2011 to 2021, while those with high prescription drug costs could save as much as $15,710 over the same period. Those with low drug costs should save roughly $2,964:

The report identifies three other sources of savings for Medicare recipients: 1) premiums for Part B physician and certain other services are expected to increase at a slower rate, 2) beneficiary copayments and coinsurance under Part A and B will increase more slowly because the Affordable Care Act slows the rate of growth in payments to hospitals and other providers, and 3) offer seniors preventive services at no additional cost.

Yesterday, the administration announced that a growing number of seniors are enrolling in Medicare Advantage plans and are paying lower premiums as compared to last year.

Fatima Najiy

Anti-Abortion Komen Vice President Pushed For Split From Planned Parenthood

Karen Handel, Komen's senior vice president for public policy

The Susan G. Komen for the Cure foundation caved to right-wing pressure and cut ties with Planned Parenthood. Their rationale was simple: Komen had new rules preventing it from funding any organization under investigation, so a spurious congressional investigation into Planned Parenthood led by Rep. Cliff Stearns (R-FL) prohibited Komen from continuing to fund breast exams through Planned Parenthood for women who otherwise wouldn’t receive them.

But now, new reporting from the Atlantic reveals that Komen adopted the new guidelines to cut off Planned Parenthood. That effort was led by Komen President Elizabeth Thompson, who knew that Planned Parenthood was the only group that would be affected by the rule, and Karen Handel, Komen’s new senior vice president for public policy.

Handel, who came on board in April, is a former secretary of state in Georgia and a Republican activist who describes herself as a “pro-life Christian.” Handel ran for governor of Georgia on an anti-abortion platform, and was endorsed by Mitt Romney and Sarah Palin. She wrote during her failed gubernatorial campaign that “since I am pro-life, I do not support the mission of Planned Parenthood.”

In December, Komen made the decision to stop supporting Planned Parenthood even though Komen’s professional staff recommended that the foundation continue to fund the organization. The decision caused an “uproar” at Komen, the Atlantic’s Jeffrey Goldberg reports:

[T]he organization’s top public health official, Mollie Williams, resigned in protest immediately following the Komen board’s decision to cut off Planned Parenthood. Williams, who served as the managing director of community health programs, was responsible for directing the distribution of $93 million in annual grants. [...]

But John Hammarley, who until recently served as Komen’s senior communications adviser and who was charged with managing the public relations aspects of Komen’s Planned Parenthood grant, said that Williams believed she could not honorably serve in her position once Komen had caved to pressure from the anti-abortion right. “Mollie is one of the most highly-respected and ethical people inside the organization, and she felt she couldn’t continue under these conditions,” Hammarley said. “The Komen board of directors are very politically savvy folks, and I think over time they thought if they gave in to the very aggressive propaganda machine of the anti-abortion groups, that the issue would go away. It seemed very short-sighted to me.”

Hammarley, who was laid off from Komen last year, said that for about a year, a small group within Komen began discussing the ramifications of cutting off funding for Planned Parenthood. “As we looked at the ramifications of ceasing all funding, we felt it would be worse from a practical standpoint, from a public relations standpoint and from a mission standpoint. The mission standpoint is, ‘How could we abandon our commitment to the screening work done by Planned Parenthood?’” he said.

Komen’s grants to Planned Parenthood totaled $680,000 in 2011 and $580,000 in 2010, going to at least 19 affiliates of Planned Parenthood to fund breast-cancer screenings and other breast-health services. Since the two organizations partnered in 2005, Komen’s grants have paid for roughly 170,000 breast exams and 6,400 mammogram referrals. But right-wing anti-choice organizations have targeted the partnership since 2005 because Planned Parenthood also provides abortions. In December, the Southern Baptist Convention recalled pink Bibles that it sold to raise money for breast cancer research, citing an “unacceptable link” between Komen and Planned Parenthood.

Conservatives cheered Komen’s decision, while others have found it awfully convenient that the grants to Planned Parenthood were stopped after the hiring of an anti-abortion activist.

Update

Without actually mentioning Planned Parenthood, Komen founder Nancy Brinker says in a new video that Komen’s actions have been “mischaracterized.” “We will never bow to political pressure… We will never turn our backs on the women who need us the most,” she adds.

Rockefeller Hits GOP On CLASS Repeal: You ‘Won’t Do Anything To Solve Long-Term Care Crisis’

The House GOP’s vote to repeal the Affordable Care Act’s long-term care program isn’t sitting well with Sen. Jay Rockefeller (D-WV), who is out with an op-ed in Politico this morning, criticizing Republicans for failing to offer any meaningful solution for financing long-term care services. “They view repealing CLASS as a tactical step toward undermining health care reform – without putting forward any real alternatives for families who have nowhere to turn,” he writes:

Repealing CLASS won’t do anything to solve our nation’s long-term care crisis. Legislation rarely starts out perfectly – indeed, the Republicans’ own Medicare prescription drug bill left a huge coverage gap, forcing seniors to pay thousands of dollars out of pocket. It is only because Democrats rejected the ‘throw out the baby with the bathwater’ approach to legislating, and figured out a solution, that this gap will finally be closed and seniors can save millions on prescription drugs.

Lawmakers had designed CLASS to take the strain off of Medicaid — which finances more than half of long-term care — and allow individuals to establish a cash benefit during their working years that would be available if they become disabled. As Rep. Frank Pallone (D-NJ) explained during a Energy & Commerce health subcommittee hearing, “It was very much a notion of personal responsibility and not relying on the government.” But since the administration decided that Secretary Kathleen Sebelius did not have the necessary authority to bring the program in compliance with the health care law’s sustainability provision, the GOP chose to repeal the measure rather than act like lawmakers and actually work to ensure its longevity. The move is calculated to hurt Obama, but will do nothing to address the long-term care time-bomb:

Medicare dollars spent on long-term care $0 after 90 days
Medicaid costs are ballooning Finances 43 percent of all long-term care, 15 million will need long-term services by 2020
Private long-term care market is dysfunctional 2.8 percent of Americans currently have a policy
Percent of people turning 65 today who will need long-term care 70 percent
Number of long-term care recipients 18-64 year olds 40 percent
Cost of long-term care $6,500 a month, $70,000 to $80,000 a year
Savings to Medicaid from CLASS $2 billion

Planned Parenthood Runs Ad Thanking Obama For Reproductive Health Reg

Religious organizations are suing the Obama administration over new regulations requiring insurers and employers to offer reproductive health care services — including contraception — without additional cost sharing. The rule, the result of a provision included in the Affordable Care Act, exempts houses of worship and other religious nonprofits that primarily employ and serve people of the same faith, but two religious colleges are already challenging the rule in court, arguing that the conscience protection is too narrow. The powerful Conference of Catholic Bishops is also preparing legal action.

Women’s advocacy groups have enthusiastically backed the new requirement and Planned Parenthood has unveiled a new ad campaign touting the rule. The commercial, which will air in Florida, Iowa, Michigan, Nevada, New Mexico, Ohio, Virginia and Wisconsin, praises President Obama and HHS Secretary Kathleen Sebelius for standing up to pressure from religious groups to widen the conscience protection and notes that doing so would have deprived hundreds of thousands of women working for religiously-affiliated groups of birth control. Watch the ad:

Religiously-affiliated employers who do not qualify for the exemption and are not currently offering contraceptive coverage may apply for transitional relief for a one-year period to give them time to determine how to comply with the rule, the Obama administration decided. Twenty-eight states already require employers, including most religiously affiliated institutions, to cover contraception in their health plans. The only change is that now they must cover the full cost. In fact, the administration will be expanding conscience protections in eight states, where all religious institutions are required to offer birth control coverage.

Morning CheckUp: February 2, 2012

House repeals CLASS: “The House on Wednesday evening voted to repeal a section of the 2010 health reform law establishing a voluntary, long-term healthcare program that the Obama administration has since said is not financially viable. Members voted 267-159 in favor of the bill. 28 Democrats joined Republicans in support of the bill.” [The Hill]

Santorum’s malpractice hypocrisy: Rick Santorum “had asked for more damages in his wife’s medical malpractice lawsuit than the legal limit he would like to impose on all malpractice victims.” [Huffington Post]

Health insurer Aetna saw 73% profit growth: “Health care costs, or the amount Aetna paid in medical claims, fell 2 percent in the quarter to $5.59 billion. The insurer also saw an after-tax benefit of about $63 million because claims leftover from prior periods came in lower than expected.” [AP]

Rules could save billions in prescription drugs: “The federal government is proposing to help states cut prescription costs by creating a national database of prices pharmacies pay for the drugs they dispense.” [Stateline]

Private managed care isn’t working in Florida: When the Florida Legislature “decided last year to cap Medicaid funding and turn long-term care over to private managed care companies, some experts warned that growing waiting lists would drive people into expensive nursing homes. A study released Tuesday by the Legislature’s own policy analysts underscores that fear.” [Tampa Bay Times]

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