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Economy

GOP Gov. Brownback’s Tax Plan Would Raise Taxes On Low-Income Families, Cut Taxes For The 1 Percent

Kansas Gov. Sam Brownback (R) has a new tax plan that he is touting as “fairer, flatter, and simpler.” “My plan will lower individual income tax rates for all Kansans,” Brownback claims.

While it’s true on paper that all rates would go down under Brownback’s proposed tax overhaul, it’s certainly not true that all Kansans would be paying lower taxes. Because Brownback’s plan eliminates a variety of credits and deductions upon which lower and middle income taxpayers depend, it would actually increase taxes on low- and middle-income families, while still cutting them for Kansas’ richest one percent. According to the Institute on Taxation and Economic Police, under the plan:

The poorest 20 percent of Kansas taxpayers would pay 2.2 percent more of their income in taxes each year, or an average increase of $242.

The middle 20 percent of Kansas taxpayers would pay 0.3 percent more of their income in taxes each year, or an average increase of $146.

— Upper-income families, by contrast, reap the greatest benefit with the richest one percent of Kansans, those with an average income of over a million dollars, saving an average of $16,933 a year.

As ITEP put it, “Governor Brownback’s tax reform proposal would actually make the Kansas tax structure more unfair and ensure that low and middle income families pay more, while dramatically decreasing state taxes owed by the wealthiest Kansans.”

Kansas’ own Department of Treasury came to the same conclusions, finding that low-income Kansans would see their taxes go up under the plan, sending Brownback’s administration into damage control. And so far, state lawmakers aren’t lining up to lend the plan their support.

It’s been Robin Hood in reverse,” said state Senate Minority Leader Anthony Hensley (D). “What we are doing is stealing from the poor to give to the rich.” “It’s a significant problem in the eyes of many legislators because it appears to be increasing taxes for the poor and decreasing taxes for the rich,” added state Sen. John Vratil (R).

NEWS FLASH

Kansas Still Criminalizes ‘Unnatural’ Sex Eight Years After This Law Was Declared Unconstitutional | Eight years ago, in its landmark decision in Lawrence v. Texas, the Supreme Court held that it is almost never the government’s business what consenting adults do in the bedroom. Among other things, this law sounded the death knell to so-called sodomy laws that criminalized same-sex coupling. Nevertheless, the state of Kansas has yet to repeal its unconstitutional law criminalizing “‘unnatural’ sexual activities, like oral and anal sex.” In response, a civil rights group known as the Kansas Equality Coalition is petitioning Gov. Sam Brownback to erase this blight on his state’s legal code. Given Brownback’s long history of anti-gay activity, however, it is unlikely that he will be swayed by something as insignificant as the Constitution.

NEWS FLASH

Brownback Apologizes For ‘#heblowsalot’ Incident: ‘My Staff Over-Reacted’ | In the standoff between Kansas Gov. Sam Brownback (R) and a high school student, the Kansas governor blinked first. Brownback issued a statement this afternoon apologizing to Emma Sullivan, the 18-year old high school student who was unconstitutionally ordered to write a letter of apology after she sent a tweet criticizing the governor. According to Brownback’s statement, “my staff over-reacted to this tweet and for that I apologize.” He added that “freedom of speech is among our most treasured freedoms.”

Update

Sullivan’s high school also released a statement indicating she will not be punished for exercising her First Amendment rights:

The Shawnee Mission East senior decided to not write the apology letter and the school district issued a statement Monday saying there would be no repercussions.

“Whether and to whom any apologies are issued will be left to the individuals involved,” the statement said. “The issue has resulted in many teachable moments concerning the use of social media. The district does not intend to take any further action on this matter.”

Alyssa

The Arts Funding Roots Of Kansas’ Free Speech Controversy

Remember Emma Sullivan, the Kansas school student student who tweeted, jokingly, that she’d been mean to Gov. Sam Brownback, noting “#heblowsalot”? The one who apparently so freaked out the Governor’s office that they reported her to her high school principal Regina George-style? Apparently, she’s vexed with Brownback because he eliminated Kansas’ public funding for the arts, forcing the state to sacrifice funding from the National Endowment for the Arts and shutting down the state’s arts agency. Apparently, Brownback doesn’t want to risk interfering with the delicate mechanics of the marketplace of ideas, unless the marketplace assigns an uncomfortably high value to the idea that he’s a less than awesome governor.

Justice

High School Student Fights Back Against Gov. Sam Brownback’s Intimidation, Will Not Write Apology

Teenage Brownback Critic Emma Sullivan

Last Monday, Kansas high school student Emma Sullivan attended a speech by Gov. Sam Brownback (R-KS), during which she published a tweet critical of the governor. In response, Brownback’s office reported Sullivan’s critical tweet to her high school’s administration, and the high school principal ordered her to write a letter of apology — despite the fact that this punishment is unconstitutional because Sullivan’s tweet is protected by the First Amendment.

Last night, Sullivan sent out another tweet — announcing that she will not obey her principal’s unconstitutional command to apologize to the thin-skinned governor:

Among other things, this incident highlights the incompetence of Brownback’s communications team. At the time of her first tweet, Sullivan had only a few dozen followers. Had the governor’s office simply ignored the tweet, it’s doubtful that more than a few people would have read it. Instead, they decided to intimidate the dissenting teenager by reporting her — and the incident blew up into a major national news story. As of this writing, Sullivan has more than 4,000 Twitter followers.

Team Brownback justifies its heavy-handed response by claiming that Sullivan’s original tweet — which said that Brownback “sucked” and ended with the hashtag “#heblowsalot” — wasn’t respectful.” Perhaps it wasn’t, but the First Amendment cares very little whether a persons’ speech is respectful or not. One of the Supreme Court’s seminal First Amendment cases held that the words “Fuck the Draft” are protected speech. And, while a public school student’s First Amendment rights are somewhat reduced, schools typically cannot discipline students for speaking out unless their speech is likely to disrupt the school’s learning environment.

Now that Sullivan has chosen to assert her First Amendment rights, the ball is in the school’s court. If they are smart, they will recognize that their attempt to punish Sullivan unambiguously violates the Constitution and save themselves from expensive potential litigation that they are exceedingly unlikely to win.

Justice

Kansas School Unconstitutionally Disciplines Student For Criticizing Gov. Sam Brownback

In a blatant violation of the First Amendment, a public high school in Prairie Village, Kansas disciplined a student for speaking out against Gov. Sam Brownback (R-KS):

Emma Sullivan, a senior at Shawnee Mission East High School in Prairie Village, was in Topeka on Monday as part of Kansas Youth in Government, a program for students interested in politics and government.

During the session, in which Brownback addressed the group, Sullivan posted on her personal Twitter page: “Just made mean comments at gov brownback and told him he sucked, in person #heblowsalot”

On Tuesday, Sullivan was called to her principal’s office and told that the tweet had been flagged by someone on Brownback’s staff and reported to organizers of the Youth in Government program. [...]

Sullivan said the principal ordered her to write letters of apology to Brownback, the school’s Youth in Government sponsor, the district’s social studies coordinator and others.

It’s troubling that Brownback’s staff is so thin skinned that they felt the need to call down the government’s wrath on a high school student who had the audacity to criticize the governor. If nothing else, one would think a state governor’s office has better things to do than troll the internet looking for young dissenting voices they can intimidate.

Moreover, there’s no question that the high school principal violated Sullivan’s First Amendment rights. Although public school students’ right to free speech is not unlimited, schools are generally only allowed to discipline students for speech that is disruptive to the school’s learning environment. It is difficult to imagine how a single tweet criticizing a controversial politician during a field trip could have disrupted this high school’s ability to educate its students.

Moreover, because the school district violated Sullivan’s clearly established federal constitutional rights, she is likely entitled to have the district or the principal pay her attorney’s fees if she decides to bring a lawsuit challenging this unconstitutional disciplinary action. In other words, the district could be wise to settle this case immediately if Sullivan decides to bring them to court.

LGBT

Six Examples Of The Petty Homophobia Of Perry’s Latest Supporter, Sam Brownback

Gov. Brownback leads a prayer at Perry's "The Response."

Today, Kansas Gov. Sam Brownback (R) endorsed fellow conservative Gov. Rick Perry (TX) as the Republican nominee for president. The two are old friends, and Brownback was one of only two governors to appear at Perry’s prayer rally this summer. Perry has not directly addressed LGBT issues since he launched his campaign, but he has a history of opposing equality. Brownback’s endorsement shines further light on the kind of company Perry keeps, as Brownback has repeatedly reacted in petty and petulant ways to LGBT issues. Here are six examples of Brownback’s anti-gay record:

BROWNBACK OPPOSED A JUDICIAL APPOINTMENT OVER LESBIAN COMMITMENT CEREMONY: As a senator, Brownback spent months blocking the nomination of Janet Neff to the U.S. District Court of western Michigan. The sole reason for his opposition? Neff had once presided over a lesbian commitment ceremony.

BROWNBACK DEFENDED PROPONENTS OF HARMFUL EX-GAY THERAPY: In 2008, the anti-gay Focus on the Family and its founder James Dobson were inducted into the National Radio Hall of Fame, and groups like Truth Wins Out protested the “outrageous insult” to gays and lesbians. Brownback defended Dobson, calling for a Senate resolution honoring and congratulating Dobson and his radio program.

BROWNBACK BANNED USE OF FLAGPOLES IN PRIDE PARADE: This summer, Brownback tried to limit an LGBT equality celebration at the Kansas state Capitol by banning participants from using any kind of flagpoles, including tiny hand-held flags, deeming them as “dangerous weapons.” He previously had no problem with the Knights of Columbus using both flags and swords at a capitol event.

- BROWNBACK SUPPORTED TAX CREDITS FOR “TRADITIONAL” MARRIAGE: Not only does Brownback oppose marriage equality, but he has even expressed support for tax incentives to encourage only straight couples to marry.

- BROWNBACK DEFENDED BELIEF THAT HOMOSEXUALITY IS “IMMORAL”: In 2007, when Chairman of the Joint Chiefs of Staff Gen. Peter Pace said homosexuality is “immoral” and analogous to adultery, Brownback defended him, saying he was merely expressing “his personal moral views.”

- BROWNBACK HAS TIES TO ANTI-GAY DOMINIONIST, LOU ENGLE: Brownback has tried to downplay his ties to dominionist minister Lou Engle, who organizes anti-gay prayer rallies called “The Call.” But Brownback has shared a stage with Engle and also has real estate ties to him — they were roommates for seven months.

Alyssa

Sue Sylvester Is Kansas Gov. Sam Brownback: ‘Glee’ Takes on Arts Education Funding

It’s a matter of public record that I thought the last season of Glee was a travesty. So it’s almost surreal to see them get an issue right (with the standard minor factual errors that Hollywood always seems to make about the political process). Semi-contrary to what was promised in the pre-season news, Sue Sylvester is running for Congress, and channeling Kansas Gov. Sam Brownback, who this year destroyed his state’s arts agency, meaning Kansas can’t get National Endowment for the Arts funding, which she’s decided to make her central campaign platform:

You know what’s getting me down in Western Ohio? The arts in public schools. Why? Because America is failing. China is on our ass, people. This isn’t the 1960s anymore, when jobs were plentiful…The arts are expensive, and we can’t afford it anymore…I will suspend all public school arts programs and reject all federal and state funding for the arts until every student reads at or above grade level.

Now, obviously a member of the House can’t turn down arts funding on behalf of their state. But otherwise? Economic and competitiveness insecurity? Check. Treatment of the arts as if they’re a luxury? Check. Folks responding to these kinds of attacks by whipping out arguments about the efficacy of the arts rather than their intrinsic worth? Cue Mr. Schue, who comes back at Sue with “The arts help kids do better in school. Kids in the arts record the lowest instance of substance abuse,” before retreating further by explaining that he really just needs job security because he wants to start a family with…a woman he hasn’t slept with yet. I mean, this is Glee. It would be too much to expect full-on emotional coherence.

But still, it’s Glee actually setting up a season-long arc that makes sense — for the first time since the first season, the Glee Club actually has an imperative to perform to survive, and the stakes are larger than simply disbanding the club. If they can stick with it longer than an episode, and come up with tactics more convincing than Will glittering Sue (if nothing else, the show should get credit for showing how silly glittering someone is as a way to make a point), the show will actually be contributing to an ongoing national debate about state and federal arts budgets. Which is rare for any show, much less one as schizophrenic as this.

Health

Kansas Lt. Governor Claims Health Law Says Exact Opposite Of What It Actually Says

Kansas Lt. Gov. Jeff Colyer (R)

Yesterday, Kansas Lt. Gov. Jeff Colyer clarified that Sam Brownback’s administration will not establish a health insurance exchange “until the Supreme Court rules on the constitutionality of the Affordable Care Act,” and criticized some of the regulations promulgated by the law. Colyer claimed that early innovator grant the state rejected last month would require bureaucrats to ration health care:

Colyer held up a stack of papers written in 8-point font that he said are the preliminary rules and regulations accompanying the grant. [...] He also cited part of the rules that he said means the health care exchange would determine whether procedures for a person who could die are “inappropriate or too costly.” “That troubles me greatly,” he said.

Last month, Brownback and Coyler folded to political pressure and returned the $31 million they initially accepted from the law’s early innovator grant (designed to assist states with the technical aspects of establishing exchanges). Now, Coyer is going even further, misrepresenting the law by claiming that it says the opposite of what it actually says. The law specifically prohibits exchanges from determining which treatments are “necessary to prevent patients’ deaths“:

Certification.—
(1) In general.—An Exchange may certify a health plan as a qualified health plan if—

(A) such health plan meets the requirements for certification as promulgated by the Secretary under subsection (c)(1); and
(B) the Exchange determines that making available such health plan through such Exchange is in the interests of qualified individuals and qualified employers in the State or States in which such Exchange operates, except that the Exchange may not exclude a health plan

(i) on the basis that such plan is a fee-for-service plan;
(ii) through the imposition of premium price controls; or
(iii) on the basis that the plan provides treatments necessary to prevent patients’ deaths in circumstances the Exchange determines are inappropriate or too costly.

Republican Insurance Commissioner Sandy Praeger dismissed Colyer’s criticism, saying, “I can guarantee you that there are no death panels in the federal law,” and Republican Sen. Pete Brungardt said the state passed on “a rather huge opportunity” in turning down the federal dollars. In fact, the alleged rationing provision is a new discovery for Colyer, who failed to mention it in explaining why the state sent back the dollars during a recent interview.

Health

Brownback’s Decision To Give Back Health Grant Caught State Republicans Off Guard

The editorial board of the Wichita Eagle adds some fascinating behind-the-scenes details of the backlash Kansas Governor Sam Brownback (R-KS) is facing for unilaterally rejecting the ACA’s early innovator exchange grant. Brownback had previously touted the money — which would have assisted the state in the technical aspects of establishing the new market places — as a way for the state to build it own “market mechanism” and his decision to give back the $31 million surprised many state officials and Republican leaders working to implement the exchanges:

And the move badly disrespects the months of hard work by Kansas Insurance Commissioner Sandy Praeger and her team to have an online insurance marketplace for the state ready to go by January 2014, with help from the federal grant. Praeger wasn’t even told about the decision until late Monday evening. [...]

“We want this to be run by Kansans for Kansans,” Praeger said Monday in Topeka, before Brownback’s decision.

Praeger, a Republican and a national leader in helping shape health care reform in a way that served states’ interests, had tried and failed to persuade the GOP-led Legislature to take some actions to help set up the marketplace.

But even GOP lawmakers were caught off guard by Brownback’s decision, especially given that Brownback reportedly had signed letters enabling Praeger to accept the grant. “It was a surprise to me,” Senate President Steve Morris, R-Hugoton, told the Topeka Capital-Journal. “Having money to implement this was a good move on the federal government’s part.”

Indeed, Brownback’s decision will greatly complicate Praeger’s efforts in establishing a working state exchange and increase the likelihood of the federal government having to step in and build Kansas’ marketplace. And if that happens, Brownback’s Tea Party constituency will have something new to complain about.

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