Tuesday, February 1, 2011
Florida Federal District Judge Declares One Provision of Affordable Care Act “Unconstitutional”
Statement by Illinois Campaign for Better Health Care
Chicago, IL – Today, a federal district judge in Florida became the second judge in the country to rule against the Patient Protection and Affordable Care Act.
Judge Roger Vinson, appointed to the bench by President Ronald Reagan, is only the second of fifteen federal judges to rule against the PPACA. The judge declared that the entire law is null and void even though the only provision he found unconstitutional was the “individual responsibility” provision. This decision is at odds with decades of established Supreme Court law, which has consistently found that courts have a constitutional obligation to preserve as a much of a statute as can be preserved. Vinson declined to enjoin the law, though, which means that implementation will continue in the 26 states until higher court rulings are handed down.
Prior to today's Florida federal court ruling, 14 other federal district judges rejected lawsuits charging that the Affordable Care Act is unconstitutional. Today’s ruling bears no more authority than the other 14 court rulings by federal judges who all determined that the Affordable Care Act is constitutional or rejected the lawsuits on procedural grounds.
Every person requires health care at many times in life. It is incorrect to assume that the new law requires people to enter into the health care marketplace. Everyone is in the health care marketplace already.
Instead, this law ensures that people take personal responsibility to pay for the health care services they will inevitably receive, rather than burdening their neighbors, taxpayers and medical providers with their medical bills. Frankly, this is just another example of doublespeak by the opponents of fairness. They preach personal responsibility, but are in fact advocating for people to freeload on the health care system.
People like Judge Vinson, the states attorneys general who brought this suit, and politicians who oppose the Affordable Care Act in Springfield and DC are the same individuals who gladly receive taxpayer subsidized, government administered and financed private health insurance plans for themselves and their families. Why do they want to deny that same level of security to you and your family? They do a great job talking the talk, but walking the walk is a whole different story. They should drop their taxpayer subsidized health care plan and shoulder the burden of finding and paying for private insurance in the marketplace like they suggest everyone else should do.
The Affordable Care Act has already made a difference in the lives of millions of Illinoisans. Over 2.5 million state residents under the age of 65 who have pre-existing conditions will now be able to get health insurance. All of Illinois’s 1,770,000 seniors and people with disabilities on Medicare will no longer have to pay for preventive services, and many will have more help paying for prescriptions. In total, 1,163,000 uninsured Illinoisans will gain insurance coverage.
Jim Duffett, Executive Director for the Campaign for Better Health Care, said, "Just like they did with Medicare, the Civil Rights Act, and the 19th Amendment which gave women the right to vote, the opponents of fairness will continue to try every means available to overturn federal law that has brought fairness, equally and justice to our great nation. Just like in these historical cases, if this case even makes it to the Supreme Court, the Supreme Court will rule like the other 14 federal judges have ruled."
"Health care is the key to economic security and opportunity, and the Affordable Care Act is finally bringing fairness to the health care system for American families. Today's ruling is more political hype than sound legal judgment,” Duffett concluded.
# # #
About the Campaign for Better Health Care
We believe that accessible, affordable, quality health care is a basic human right for ALL people. The Campaign for Better Health Care the state’s largest coalition representing over 300 diverse organizations, organizing to help create and advocate for an accessible, quality health care system for all. For more information, visit www.cbhconline.org.
Chicago, IL – Today, a federal district judge in Florida became the second judge in the country to rule against the Patient Protection and Affordable Care Act.
Judge Roger Vinson, appointed to the bench by President Ronald Reagan, is only the second of fifteen federal judges to rule against the PPACA. The judge declared that the entire law is null and void even though the only provision he found unconstitutional was the “individual responsibility” provision. This decision is at odds with decades of established Supreme Court law, which has consistently found that courts have a constitutional obligation to preserve as a much of a statute as can be preserved. Vinson declined to enjoin the law, though, which means that implementation will continue in the 26 states until higher court rulings are handed down.
Prior to today's Florida federal court ruling, 14 other federal district judges rejected lawsuits charging that the Affordable Care Act is unconstitutional. Today’s ruling bears no more authority than the other 14 court rulings by federal judges who all determined that the Affordable Care Act is constitutional or rejected the lawsuits on procedural grounds.
Every person requires health care at many times in life. It is incorrect to assume that the new law requires people to enter into the health care marketplace. Everyone is in the health care marketplace already.
Instead, this law ensures that people take personal responsibility to pay for the health care services they will inevitably receive, rather than burdening their neighbors, taxpayers and medical providers with their medical bills. Frankly, this is just another example of doublespeak by the opponents of fairness. They preach personal responsibility, but are in fact advocating for people to freeload on the health care system.
People like Judge Vinson, the states attorneys general who brought this suit, and politicians who oppose the Affordable Care Act in Springfield and DC are the same individuals who gladly receive taxpayer subsidized, government administered and financed private health insurance plans for themselves and their families. Why do they want to deny that same level of security to you and your family? They do a great job talking the talk, but walking the walk is a whole different story. They should drop their taxpayer subsidized health care plan and shoulder the burden of finding and paying for private insurance in the marketplace like they suggest everyone else should do.
The Affordable Care Act has already made a difference in the lives of millions of Illinoisans. Over 2.5 million state residents under the age of 65 who have pre-existing conditions will now be able to get health insurance. All of Illinois’s 1,770,000 seniors and people with disabilities on Medicare will no longer have to pay for preventive services, and many will have more help paying for prescriptions. In total, 1,163,000 uninsured Illinoisans will gain insurance coverage.
Jim Duffett, Executive Director for the Campaign for Better Health Care, said, "Just like they did with Medicare, the Civil Rights Act, and the 19th Amendment which gave women the right to vote, the opponents of fairness will continue to try every means available to overturn federal law that has brought fairness, equally and justice to our great nation. Just like in these historical cases, if this case even makes it to the Supreme Court, the Supreme Court will rule like the other 14 federal judges have ruled."
"Health care is the key to economic security and opportunity, and the Affordable Care Act is finally bringing fairness to the health care system for American families. Today's ruling is more political hype than sound legal judgment,” Duffett concluded.
# # #
About the Campaign for Better Health Care
We believe that accessible, affordable, quality health care is a basic human right for ALL people. The Campaign for Better Health Care the state’s largest coalition representing over 300 diverse organizations, organizing to help create and advocate for an accessible, quality health care system for all. For more information, visit www.cbhconline.org.
Friday, January 28, 2011
Thursday, January 27, 2011
Wednesday, January 26, 2011
Monday, January 24, 2011
Gov. Quinn: sign the death penalty abolition bill - Former judges and prosecutors say
The letter below was sent yesterday to Gov. Quinn signed by 65 retired judges and prosecutors, both state and federal. This underscores the need for people to keep calling the Governor urging him to sign the bill!
-------------------------------------------------------------
January 21, 2011
Hon. Pat Quinn
Governor of Illinois
207 State House
Springfield, Illinois 62706
RE: Death Penalty Abolition Bill
Dear Governor Quinn:
We - a group of former state and federal prosecutors, judges, assistant attorneys general, and U.S. Justice Department lawyers - urge you to sign the death penalty abolition bill passed by the General Assembly.
We are deeply concerned, as we know you are, about public safety. But there simply is
no credible evidence that the death penalty deters crime. Also, particularly given our state's severe budget problems, it is apparent that we are spending scarce public funds on a punishment that is flawed and rarely imposed. In the last decade, it has been reported that more than $100 million has been expended from the Capital Litigation Trust Fund on pretrial investigations of some 500 potential capital cases. During that period, only 20 defendants have been sentenced to death and only 15 of those remain on death row. We are living in a time of fiscal crisis. Throughout Illinois, law enforcement officials are struggling to find needed dollars for police, forensic investigations, and aggressive prosecution of a wide range of criminal activity. The vast sums that would be spent on the death penalty in the years ahead are sorely needed for other, more effective law enforcement purposes.
It has been argued that we need the death penalty as a means of obtaining guilty pleas in exchange for life sentences, but using the death penalty as an instrument of coercion has led to false pleas and erroneous convictions. It also has been argued that we should retain the death penalty for particularly heinous crimes, such as multiple murder, murder of children, and murder of police officers. Limiting the death penalty to those cases, however, would not solve the underlying flaws that inevitably occur when the authorities are under pressure to win convictions in high-profile cases.
After a full and fair debate, our elected representatives have sensibly voted to end the death penalty. We urge you to sign the bill.
Sincerely,
Cynthia Giacchetti
Former Assistant U. S. Attorney
On behalf of herself and the following:
Thomas M. Breen
Former Assistant Cook County
State’s Attorney
James B. Burns
Former U. S. Attorney
Stuart Chanen
Former Assistant U. S. Attorney
Patrick M. Collin s
Former Assistant U. S. Attorney
William F. Conlon
Former Assistant U. S. Attorney
Vincent 1. Connelly
Former Assistant U. S. Attorney
George J . Cotsirilos
Former Assistant Cook County
State's Attorney
William Cousins
Former Illinois Appellate Court Justice
Former Cook County Circuit Court Judge
Jeffrey H. Cramer
Former Assistant U. S. Attorney
Matthew C. Crowl
Former Assistant U. S. Attorney
Joseph J. Duffy
Former First Assistant U. S. Attorney
& Chief of the Criminal Division
Thomas A. Durkin
Former Assistant U. S. Attorney
Zack Fardon
Former Assistant U. S. Attorney
Gabriel A. Fuentes
Former Assistant U. S. Attorney
Chris C. Gair
Former Assistant U. S. Attorney
John N. Gallo
Former Assistant U. S. Attorney
Alan Greiman
Former Cook County Circuit Court Judge
Former Illinois Appellate Court Justice
Ted S. Helwig
Former Assistant U. S. Attorney
Patricia Brown Holmes
Former Cook County Circuit Court Judge
Former Assistant Cook County
State’s Attorney
Gary V. Johnson
Former Kane County State’s Attorney
Walter Jones
Former Assistant U. S. Attorney
Michael H. King
Former Assistant U. S. Attorney
For Attorney, U. S. Department of Justice
Organized Crime and Racketeering
Section
John Kocoras
Former Assistant U. S. Attorney
Steven M. Kowal
Former U. S. Department of Justice
Attorney
Michael Kreloff
Former Assistant Cook County
State’s Attorney
Former Assistant Illinois Attorney General
Scott Lassar
Former U. S. Attorney
Marvin Leavitt
Former Cook County Appellate Court Justice
Former Cook County Circuit Court Judge
George N. Leighton
Former Cook County Circuit Court Judge
Former Illinois Appellate Court Justice
Former U. S. District Court Judge
Lori E. Lightfoot
Former Assistant U. S. Attorney
Robert A. Loeb
Former Assistant Cook County
State’s Attorney
Jeremy Margolis
Former Assistant U. S. Attorney
Former Special Assistant Lake County
State’s Attorney (Prosecutor of Hector Ruben Sanchez)
William J. Martin
Former Assistant Cook County
State's Attorney (Chief Prosecutor of Richard Speck)
Mary Ann G. McMorrow
Former Illinois Supreme Court Chief Justice
Former Illinois Appellate Court Justice
Former Cook County Circuit Court
Judge
Former Assistant Cook County State’s Attorney
Paddy McNamara
Former Cook County Circuit Court Judge
Michael D. Monico
Former Assistant U. S. Attorney
Jorge Montes
Former Assistant Cook County State's Attorney
Sheila Murphy
Former Cook County Circuit Court Judge
Gordon B. Nash, Jr.
Former Assistant U. S. Attorney
Lisa M. Nollar
Former Assistant U. S. Attorney
Mark D. Pollack
Former Assistant U. S. Attorney
Daniel M. Purdom
Former Assistant U. S. Attorney
Kwarne Y. Raoul
Former Assistant Cook County State’s Attorney
Daniel E. Reidy
Former Assistant U. S. Attorney
Dom J. Rizzi
Former Illinois Appellate Court Justice
Ron S. Safer
Former Assistant U. S. Attorney
Stephen A. Schiller
Former Cook County Circuit Court Judge
John R. Schmidt
Former Deputy U. S. Attorney General
Zaldwaynaka Scott
Former Assistant U. S. Attorney
Karen Shields
Former Cook County Circuit Court Judge
Charles B. Sklarsky
Former Assistant U. S. Attorney
Former Assistant Cook County State's Attorney
Michele Smith
Former Assistant U. S. Attorney
William E. Spizzirri
Former Assistant Cook County State's Attorney
David J. Stetler
Former Assistant U. S. Attorney
Jeffrey E. Stone
Former Assistant U. S. Attorney
Jeanette Sublet
Former Assistant Cook County State’s Attorney
James R. Streicker
Former Assistant U. S. Attorney
Former Assistant Illinois Attorney General
Thomas P. Sullivan
Former U. S. Attorney
James R. Thompson
Former U. S. Attorney
Former Assistant Illinois Attorney General
Ann C. Tighe
Former Assistant U. S. Attorney
Scott Turow
Former Assistant U. S. Attorney
Alexander S. Vesselinovitch
Former Assistant U. S. Attorney
Dan K. Webb
Former U. S. Attorney
Warren D. Wolfson
Judge Former Illinois Appellate Court Justice
Former Cook County Circuit Court Judge
Sheldon T. Zenner
Former Assistant U. S. Attorney
-------------------------------------------------------------
January 21, 2011
Hon. Pat Quinn
Governor of Illinois
207 State House
Springfield, Illinois 62706
RE: Death Penalty Abolition Bill
Dear Governor Quinn:
We - a group of former state and federal prosecutors, judges, assistant attorneys general, and U.S. Justice Department lawyers - urge you to sign the death penalty abolition bill passed by the General Assembly.
We are deeply concerned, as we know you are, about public safety. But there simply is
no credible evidence that the death penalty deters crime. Also, particularly given our state's severe budget problems, it is apparent that we are spending scarce public funds on a punishment that is flawed and rarely imposed. In the last decade, it has been reported that more than $100 million has been expended from the Capital Litigation Trust Fund on pretrial investigations of some 500 potential capital cases. During that period, only 20 defendants have been sentenced to death and only 15 of those remain on death row. We are living in a time of fiscal crisis. Throughout Illinois, law enforcement officials are struggling to find needed dollars for police, forensic investigations, and aggressive prosecution of a wide range of criminal activity. The vast sums that would be spent on the death penalty in the years ahead are sorely needed for other, more effective law enforcement purposes.
It has been argued that we need the death penalty as a means of obtaining guilty pleas in exchange for life sentences, but using the death penalty as an instrument of coercion has led to false pleas and erroneous convictions. It also has been argued that we should retain the death penalty for particularly heinous crimes, such as multiple murder, murder of children, and murder of police officers. Limiting the death penalty to those cases, however, would not solve the underlying flaws that inevitably occur when the authorities are under pressure to win convictions in high-profile cases.
After a full and fair debate, our elected representatives have sensibly voted to end the death penalty. We urge you to sign the bill.
Sincerely,
Cynthia Giacchetti
Former Assistant U. S. Attorney
On behalf of herself and the following:
Thomas M. Breen
Former Assistant Cook County
State’s Attorney
James B. Burns
Former U. S. Attorney
Stuart Chanen
Former Assistant U. S. Attorney
Patrick M. Collin s
Former Assistant U. S. Attorney
William F. Conlon
Former Assistant U. S. Attorney
Vincent 1. Connelly
Former Assistant U. S. Attorney
George J . Cotsirilos
Former Assistant Cook County
State's Attorney
William Cousins
Former Illinois Appellate Court Justice
Former Cook County Circuit Court Judge
Jeffrey H. Cramer
Former Assistant U. S. Attorney
Matthew C. Crowl
Former Assistant U. S. Attorney
Joseph J. Duffy
Former First Assistant U. S. Attorney
& Chief of the Criminal Division
Thomas A. Durkin
Former Assistant U. S. Attorney
Zack Fardon
Former Assistant U. S. Attorney
Gabriel A. Fuentes
Former Assistant U. S. Attorney
Chris C. Gair
Former Assistant U. S. Attorney
John N. Gallo
Former Assistant U. S. Attorney
Alan Greiman
Former Cook County Circuit Court Judge
Former Illinois Appellate Court Justice
Ted S. Helwig
Former Assistant U. S. Attorney
Patricia Brown Holmes
Former Cook County Circuit Court Judge
Former Assistant Cook County
State’s Attorney
Gary V. Johnson
Former Kane County State’s Attorney
Walter Jones
Former Assistant U. S. Attorney
Michael H. King
Former Assistant U. S. Attorney
For Attorney, U. S. Department of Justice
Organized Crime and Racketeering
Section
John Kocoras
Former Assistant U. S. Attorney
Steven M. Kowal
Former U. S. Department of Justice
Attorney
Michael Kreloff
Former Assistant Cook County
State’s Attorney
Former Assistant Illinois Attorney General
Scott Lassar
Former U. S. Attorney
Marvin Leavitt
Former Cook County Appellate Court Justice
Former Cook County Circuit Court Judge
George N. Leighton
Former Cook County Circuit Court Judge
Former Illinois Appellate Court Justice
Former U. S. District Court Judge
Lori E. Lightfoot
Former Assistant U. S. Attorney
Robert A. Loeb
Former Assistant Cook County
State’s Attorney
Jeremy Margolis
Former Assistant U. S. Attorney
Former Special Assistant Lake County
State’s Attorney (Prosecutor of Hector Ruben Sanchez)
William J. Martin
Former Assistant Cook County
State's Attorney (Chief Prosecutor of Richard Speck)
Mary Ann G. McMorrow
Former Illinois Supreme Court Chief Justice
Former Illinois Appellate Court Justice
Former Cook County Circuit Court
Judge
Former Assistant Cook County State’s Attorney
Paddy McNamara
Former Cook County Circuit Court Judge
Michael D. Monico
Former Assistant U. S. Attorney
Jorge Montes
Former Assistant Cook County State's Attorney
Sheila Murphy
Former Cook County Circuit Court Judge
Gordon B. Nash, Jr.
Former Assistant U. S. Attorney
Lisa M. Nollar
Former Assistant U. S. Attorney
Mark D. Pollack
Former Assistant U. S. Attorney
Daniel M. Purdom
Former Assistant U. S. Attorney
Kwarne Y. Raoul
Former Assistant Cook County State’s Attorney
Daniel E. Reidy
Former Assistant U. S. Attorney
Dom J. Rizzi
Former Illinois Appellate Court Justice
Ron S. Safer
Former Assistant U. S. Attorney
Stephen A. Schiller
Former Cook County Circuit Court Judge
John R. Schmidt
Former Deputy U. S. Attorney General
Zaldwaynaka Scott
Former Assistant U. S. Attorney
Karen Shields
Former Cook County Circuit Court Judge
Charles B. Sklarsky
Former Assistant U. S. Attorney
Former Assistant Cook County State's Attorney
Michele Smith
Former Assistant U. S. Attorney
William E. Spizzirri
Former Assistant Cook County State's Attorney
David J. Stetler
Former Assistant U. S. Attorney
Jeffrey E. Stone
Former Assistant U. S. Attorney
Jeanette Sublet
Former Assistant Cook County State’s Attorney
James R. Streicker
Former Assistant U. S. Attorney
Former Assistant Illinois Attorney General
Thomas P. Sullivan
Former U. S. Attorney
James R. Thompson
Former U. S. Attorney
Former Assistant Illinois Attorney General
Ann C. Tighe
Former Assistant U. S. Attorney
Scott Turow
Former Assistant U. S. Attorney
Alexander S. Vesselinovitch
Former Assistant U. S. Attorney
Dan K. Webb
Former U. S. Attorney
Warren D. Wolfson
Judge Former Illinois Appellate Court Justice
Former Cook County Circuit Court Judge
Sheldon T. Zenner
Former Assistant U. S. Attorney
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