5/07/2019

Trump, GOP states ask appeals court to kill ‘Obamacare’

Taking a harder line on health care, the Trump administration joined a coalition of Republican-led states Wednesday in asking a federal appeals court to entirely overturn former President Barack Obama’s signature health care law — a decision that could leave millions uninsured. Congress rendered the Affordable Care Act completely unconstitutional in 2017 by eliminating an unpopular tax penalty for not having insurance, the administration and GOP states told the court. The “Obamacare” opponents hope to persuade the 5th U.S. Circuit Court of Appeals in New Orleans to uphold U.S. District Court Judge Reed O’Connor’s ruling late last year striking down the law. If the ruling is allowed to stand, more than 20 million Americans would be at risk of losing their health insurance, re-igniting a winning political issue for Democrats heading into the 2020 elections. President Donald Trump, who never produced a health insurance plan to replace “Obamacare,” is now promising one after the elections. The Trump administration acknowledged it had changed positions in the case. Early on, the administration argued that only certain key parts of the ACA, such as protections for people with pre-existing medical conditions, should be invalidated. But it said other important provisions such as Medicaid expansion, subsidies for premiums and health insurance markets could continue to stand. Wednesday, the administration said it had reconsidered in light of O’Connor’s ruling. “The remaining provisions of the ACA should not be allowed to remain in effect — again, even if the government might support some individual positions as a policy matter,” the administration wrote in its court filing. The Justice Department’s legal brief also seemed to be trying to carve out some exceptions. For example, the administration said the ACA’s anti-fraud provisions should remain in effect.

News attorneys: Opioid distribution data should be public

Attorneys for news organizations argued Thursday that the U.S. public should be allowed to see federal data about how prescription opioids were distributed as the nation’s overdose crisis was worsening. They urged a three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati to overturn a lower court judge’s denial of access to the information. The judges will rule later. “The value of transparency here is great,” said Karen C. Lefton, an Akron, Ohio, attorney representing The Washington Post. The data concerns “a public health crisis” that affects many more people than a typical case, she said. The data is a key piece of evidence in hundreds of lawsuits filed by state and local governments against companies that make and distribute the drugs. The U.S. Drug Enforcement Administration database details the flow of prescription painkillers to pharmacies, showing the number and doses of pills. A Justice Department attorney told the judges releasing the data would compromise investigations.

Court records: Illinois father led police to son's body

Court records show that video police recovered from an Illinois woman's cellphone showing her bruised 5-year-old son prompted the boy's father to lead investigators to the child's body. JoAnn Cunningham and Andrew Freund Sr. of Crystal Lake are charged with murder in Andrew "AJ" Freund's death. Investigators found his body April 24 in a shallow grave. An affidavit from a McHenry County Sheriff's detective says the video from March shows AJ lying naked on a mattress, covered in bruises and bandages. The affidavit says the couple forced AJ to take a cold shower April 14 as punishment for lying about soiling his underwear. Freund told investigators they put the boy to bed and Cunningham later found him unresponsive. Freund says he put AJ's body in a plastic container and later buried him.