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Health Groups Line Up Almost Unanimously In Favor Of Health Reform In The Supreme Court

Friday marked the final deadline for amicus briefs discussing the constitutionality of the Affordable Care Act in the Supreme Court, and a pattern that has proven true throughout this litigation repeated itself once again — organizations with real, on the ground expertise in health care lined up almost entirely in support of the law. Amici on the pro-health reform side include health provider groups such as the American Academy of Pediatrics and the American Nurses Association, patient groups such as the March of Dimes, the American Cancer Society, the American Diabetes Association, and the American Heart Association, and hospital groups such as the American Hospital Association, the Association of American Medical Colleges, and the Catholic Health Association of the United States.

The anti-ACA side, however, includes a very different list of groups:

  • Right-Wing Think Tanks: The Cato Institute, a radical group which believes that Medicare is unconstitutional, filed numerous briefs on the side of the plaintiffs in this lawsuit. They are joined by other conservative think tanks such as the Pacific Research Institute, the Rutherford Institute and the Texas Public Policy Foundation in opposing the law.
  • Right-Wing Legal Groups: Also weighing in against the law are conservative law firms such as the Institute for Justice, the American Center for Law and Justice and the Landmark Legal Foundation.
  • Republican Lawmakers: Sen. Rand Paul (R-KY), who also believes that Medicare is unconstitutional, makes an appearance in his own amicus brief. He is joined in other briefs by Republican luminaries like Speaker John Boehner (R-OH) and, indeed, much of the Senate GOP caucus.
  • Other Anti-ACA Plaintiffs: Numerous plaintiffs from other lawsuits challenging the ACA also filed briefs. They include groups such as the Thomas More Law Center and, of course, Virginia Attorney General Ken Cuccinelli (R).
  • Nullificationists: Several supporters of unconstitutional state laws attempting to nullify the Affordable Care Act also filed a brief. No word on whether they will also attempt to secede from the union if the ACA is upheld.
  • Other Random Conservative Groups: It is not entirely clear what stake the Montana Shooting Sports Association has in this lawsuit. Nevertheless, they filed a brief.

This is not to say, of course, that progressive groups and Democratic lawmakers didn’t also weigh in in favor of the law. Nor is it to say that health groups were entirely absent from the conservative side — they just weren’t particularly well represented either in numbers or in quality. The Association of American Physicians and Surgeons, a small conservative medical group best known for publishing an article falsely claiming that undocumented immigrants were bringing an epidemic of leprosy into the United States, filed a brief. So did a group of six anti-abortion health provider groups. Unless additional briefs become public that are not already available, however, it appears that every brief filed by a non-ideological health group supports the law.

NEWS FLASH

Santorum: I ‘Was Basically Pro-Choice…Until I Ran For Congress’ | While Rick Santorum is now known as a crusader against abortion and pornography, he wasn’t always so socially conservative. The Huffington Post reports today that in 1995 Santorum conceded that he “was basically pro-choice all my life, until I ran for Congress.” He said he changed his mind because he “sat down and read the literature. Scientific literature.” Other quotes from the era show that Santorum was once a politician “unwilling to dabble in the cultural conservative politics that now defines his presidential campaign, a review of old campaign documents and interviews shows.” Santorum himself has said more recently that he did not become involved in social issues until later in his career.

NEWS FLASH

75 Percent of Americans Will Be Overweight by 2020 | A report issued today by the Organization for Economic Cooperation and Development (OECD) predicts that close to 75 percent of Americans will be considered overweight or obese by the end of the decade, the highest predicted rate of any country surveyed. This equates to an eight percent rise in the number of Americans who are overweight and obese, according to the OECD. The Congressional Budget Office has estimated that health care spending, while rising among all weight categories, increased considerably faster for Americans considered overweight or obese, while a recent study on Medicare found that obese beneficiaries required an extra $149 in spending a year.

-Zachary Bernstein

NEWS FLASH

Romney Lies About Obama’s Birth Control Rule In Michigan | Mitt Romney misled a voter in Shelby Township, Michigan about President Obama’s rule requiring insurers and employers to provide contraception coverage to employees during a town hall Tuesday afternoon. Romney grossly misrepresented the measure, claiming that under the new requirement, “the Catholic Church had to provide for insurance that provided contraceptives, sterilization, morning after pills to the employees of the Church.” But as Romney himself has previously admitted, both the original provision and the modified language specifically excludes houses of worship and nonprofit organizations that primarily employ people of the same faith from providing birth control coverage. Watch the video:

NEWS FLASH

67 Percent Oppose Blunt’s Health Amendment | According to a Daily Kos/SEIU Weekly State of the Nation Poll, roughly two-thirds of Americans oppose Sen. Roy Blunt’s (R-MO) amendment, which would allow employers to deny coverage of health services to their employees on the basis of their personal moral objections. When asked whether “employers should be allowed to deny health care coverage to their employees for doctor-recommended health care services if those services are contrary to the employer’s religious beliefs or moral convictions,” 67 percent of the 1000 registered voters polled believed that “all workers should be allowed to access health care services regardless of their employer’s beliefs.” The poll, which was conducted by Public Policy Polling for Daily KOS & SEIU, uses original language included within the Blunt amendment. The poll found that support for the bill was astonishingly low within all demographics save for the Tea Party, 51 percent of whom said they favored the measure. — Fatima Najiy

Romney Mum On Improving Access To Mental Health, Smears Canada’s Universal Health System Instead

Mitt Romney dodged a question about his policy for enhancing access to mental health care services during a town hall in Shelby Township, Michigan Tuesday afternoon and instead poked fun at Canada’s universal health care system. During an exchange with an audience member who had traveled from Ontario, Canada to speak with the former Massachusetts governor, Romney jokingly asked the questioner if he had come to mooch off America’s health system and could not explain how he would improve treatments for mental health in the United States. Instead, Romney reflexively promised to reduce federal funding to mental health programs by sending them back to the states:

QUESTIONER: You can’t have my health card!

ROMNEY: I don’t want it! Did you come down here to get medical treatment?

QUESTIONER: No, no! Absolutely not. I came down here because when your father was the governor of this state he was a leader in child care and mental health care and it’s now become horrible….this whole country has a deplorable record when it comes to dealing with mental health issues. I would like to know, what’s your position on fixing this? [...]

ROMNEY: We spend money very ineffectively…and I will look at the area of mental health spending and how it’s spent state by state and federally and how we can do a better job. But let me take an example I’m more familiar with, which is something that’s also important, which is workforce training…. For me, issues of the nature you’ve described, mental health issues, education issues, care for the poor, workforce training, these should be brought home closer to the people.

Watch it:

In reality, many states — including Michigan — have been cutting back on mental health services in an effort to reduce health care spending and balance their budgets. Romney’s pledge to repeal the Affordable Care Act would likely grow the number of people without insurance and disproportionately impact individuals with mental health conditions and his proposal to block grant federal aid could also significantly limit the government’s investment.

One-fifth to one-third of the uninsured suffer from mental and substance use disorders and experts estimate that four million Americans “have severe psychiatric disorders with a subset of 400,000 homeless and untreated not complying with their needed medications and another sub-sub set of 40,000 considered the most dangerous, not being treated or taking meds and demonstrating very violent behavior.” Under Obama’s health care reform law, some individuals with mental health problems are receiving insurance through the temporary high-risk insurance pools, and by 2014, they’ll be able to enroll in insurance through the exchanges, where private companies will have to offer mental health and substance use disorder services as part of the essential package of benefits. The law also expands parity — a requirement that benefits for mental illnesses to be on par with benefits for medical illnesses — “to a much wider pool, making it possible for millions more people to get the same coverage for substance abuse and illnesses like bipolar disorder, major depression and schizophrenia as they would for, say, diabetes or cancer.” Romney would repeal that provision.

But the question left Romney speechless and looking foolish as he attacked a nation with far better health care access than the United States and offered no solution to dealing with America’s mental health challenge.

Denver Post: Chamber Of Commerce’s Anti-Health Reform Ad ‘Leans Deceptive’

The Denver Post is calling out the Chamber of Commerce for running an on behalf of Rep. Mike Coffman (R-CO) that falsely claims that the Affordable Care Act will undermine job growth. Opponents often cite the nonpartisan Congressional Budget Office report from August 2010, which does estimate that on net, the law “will reduce the amount of labor used in the economy by a small amount — roughly half a percent.” But as the Post points out, the analysis also found that the law does so “primarily by reducing the amount of labor that workers choose to supply,” not by reducing the number of jobs created. Watch the ad:

In other words, CBO believes that increasing access to health insurance could lead some people who are working to maintain access to health coverage to retire early or “take jobs that better match their skills, because they would not have to stay in less desirable jobs solely to maintain their health insurance.” Under the law, those individuals would be able to find coverage through the exchange or Medicaid.

What percentage of Americans would actually choose to do this, is of course unclear (Medicaid, after all, has only a 65 percent participation rate and CBO admits “overall impact on labor markets, however, is difficult to predict“), but leaving a job that you’re at simply because of the health coverage it provides is certainly different than businesses closing shop as a result of the law. Other studies have also estimated that modernizing the health care system would create hundreds of thousands of jobs each year.

Virginia Women Protest ‘Transvaginal’ Ultrasound Bill, SNL Spoofs It

Several hundred women locked arms in a silent protest outside of the Virginia State Capitol on Monday to register their opposition to bills that would “define embryos as humans and criminalize their destruction, require ‘transvaginal’ ultrasounds of women seeking abortions, and cut state aid to poor women seeking abortions.” Protesters wore stickers reading, “Say No to State-Mandated Rape” and “Private Property: Keep Out.’’ Watch a local news segment about the event:

The so-called personhood measure passed the House on a vote of 66-32 and is pending before the Senate Education and Health Committee. The House and the Senate both adopted legislation forcing women to undergo the ultrasound with a wand-like device and Gov. Bob McDonnell (R) is expected to sign the measure. The bill has come to symbolize the ongoing attack against women’s reproductive health across America and was spoofed on NBC’s Saturday Night Live this weekend:

Update

“A House of Delegates vote on a bill that would require women to undergo an ultrasound test before having an abortion was delayed until tomorrow after a short, contentious debate this afternoon,” the Virginian-Pilot reports.

Indiana Lawmaker Accuses Girl Scouts Of Pushing ‘Pro-Abortion’ Agenda, ‘Homosexual Lifestyles’

A Republican lawmaker in Indiana was the only state House member to “refuse to sign a resolution honoring the 100th anniversary of the Girl Scouts that lawmakers approved last week,” claiming that the “radicalized organization” supports abortions and the homosexual agenda. In a letter obtained by The Journal-Gazette of Fort Wayne on Monday, Rep. Bob Morris (R) informed colleagues that “he did some research on the Internet and found allegations that the Girl Scouts are a tactical arm of Planned Parenthood, allow transgender females to join and encourage sex.” From the letter:

I did a small amount of web-based research, and what I found is disturbing. The Girl Scouts of America and their worldwide partner, World Association of Girl Guides and Girl Scouts (WAGGGS), have entered into a close strategic affiliation with Planned Parenthood. [...]

Nonetheless, abundant evidence proves that the agenda of Planned Parenthood includes sexualizing young girls through the Girl Scouts, which is quickly becoming a tactical arm of Planned Parenthood. Planned Parenthood instructional series and pamphlets are part of the core curriculum at GSA training seminars. Denver Auxiliary Bishop James D. Conley of Denver last year warned parents that “membership in the Girl Scouts could carry the danger of making their daughters more receptive to the pro-abortion agenda.”

A Girl Scouts of America training program last year used the Planned Parenthood sex education pamphlet “Happy, Healthy, and Hot.” The pamphlet instructs young girls not to think of sex as “just about vaginal or anal intercourse.” “There is no right or wrong way to have sex. Just have fun, explore and be yourself!” it states. Although individual Girl Scout troops are not forced to follow this curriculum, many do. Liberal progressive troop-leaders will indoctrinate the girls in their troop according to the principles of Planned Parenthood, making Bishop Conley’s warning true.

Morris also said the fact that first lady Michelle Obama is honorary president “should give each of us reason to pause before our individual and collective endorsement of the organization” and criticized the group for accepting “Boys who decide to claim a ‘transgender’ or cross-dressing life-style.”

Indiana Republicans are keeping their distance from Morris and his allegations. Rep. Kathy Richardson (R) spoke in support of the resolution last week and told the Journal-Gazette, “I guess he’s entitled to his opinion…They are out selling cookies – not sex and abortions.” House Speaker Brian Bosma (R) said he hasn’t read the letter or “investigated [the Girl Scouts] closely.”

Morning CheckUp: February 21, 2012

Court action could prolong health care fight: “Next month’s challenge to the Obama-sponsored health care law could affect the care available to most Americans, alter the balance of power between Washington and the states and remain a flash point through this presidential campaign. Yet there is a path the Supreme Court could take when it hears the case that could delay for years any resolution of a main point of contention.” [USA Today]

Insurance coverage might stir beneficiaries towards costlier contraception: “In the heated debate over to what extent religiously affiliated employers should be required to provide free contraception for workers, no one has talked much about what methods are available to women who want to prevent pregnancy and how their choices might change if cost were removed from the equation.” [Kaiser Health News]

Catholic hospitals expand: “As Roman Catholic leaders and government officials clash over the proper role of religion and reproductive health, shifts in health care economics are magnifying the tension. Financially stronger Catholic-sponsored medical centers are increasingly joining with smaller secular hospitals, in some cases limiting access to treatments like contraception, abortion and sterilization.” [NYT]

12 AGs back Medicaid increase: “Twelve state attorneys general have filed an amicus brief with the Supreme Court in support of the constitutionality of the health reform law to significantly enlarge the Medicaid program and urged the high court to support the landmark Patient Protection and Affordable Care Act (ACA).” [Government Health IT]

Quinn to call for major Medicaid cuts: “Gov. Pat Quinn plans to call for major Medicaid cuts during his annual budget address Wednesday and issue a warning that immediate changes must be made or the state’s health care system for the poor could collapse…. Aides say Quinn will suggest trimming projected Medicaid spending by $2.7 billion in the budget year that starts July 1.” [Chicago Tribune]

Virginia women stand up to anti-abortion bills: “Hundreds of women locked arms and stood mute outside the Virginia State Capitol on Monday to protest a wave of anti-abortion legislation coursing through the General Assembly. Capitol and state police officers, there to ensure order, estimated the crowd to be more than 1,000 people — mostly women. The crowd formed a human cordon through which legislators walked before Monday’s floor sessions of the Republican-controlled legislature.” [AP]

Abortion coverage bill advances in Washington: “Lawmakers are moving forward with a bill that would link requiring abortion coverage to maternity care. The measure was approved Monday by the Senate Health and Long-Term Care Committee.” [Seattle Times]

British minister heckled over health care privatization: “Britain’s health minister was angrily heckled Monday over health care reforms that the government says will improve efficiency but opponents claim threaten the foundation of the country’s state-funded health care service. Protesters jostled Health Secretary Andrew Lansley as he arrived for the 10 Downing Street meeting on the reforms. Demonstrator June Hautot, 75, accused Lansley of trying to privatize the National Health Service.” [AP]

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