The Ohio Supreme Court on Thursday expedited the 1851 Center for Constitutional Law’s challenge against the federally funded Medicaid expansion, which Republican Gov. John Kasich pushed through the Controlling Board, a seven-member legislative panel, despite resistance from the Ohio legislature.
The case will decide whether Kasich was constitutionally allowed to bypass the legislature to expand Medicaid eligibility to more low-income Ohioans. The 1851 Center says the Controlling Board isn’t allowed to go against the will of the legislature. The Kasich administration argues the Controlling Board can unilaterally accept federal funds.
With the case now expedited, both sides will submit their arguments on the merits of the case to the state’s highest court by Dec. 1.
Kasich tried for most of 2013 to get the expansion approved by the Ohio House and Senate, but he couldn’t convince Republican legislators, who control both chambers, to approve the plan.
But instead of accepting defeat, Kasich asked the Controlling Board to take up federal funds for the expansion. The board approved the funds on Oct. 21.
The legal complaint was filed on Oct. 22 on behalf of Republican State Reps. Matt Lynch, Ron Young, Andy Thompson, Ron Maag, John Becker and Ron Hood, Cleveland Right to Life and Right to Life of Greater Cincinnati.
Kasich, in a rare alliance with Democrats, says the Medicaid expansion is necessary to insure more low-income Ohioans and obtain federal Obamacare dollars that would go to other states if Ohio declined the expansion.
But Republican legislators say they’re concerned about the government’s involvement in the health care system and whether the federal government can afford to pay for the Medicaid expansion.
Under Obamacare, states are asked to expand Medicaid eligibility to reach anyone up to 138 percent of the federal poverty level, or individuals with an annual income of $15,856.20 or less. If states accept, the federal government will pay for the entire expansion through fiscal year 2016 then gradually phase down its payments to 90 percent of the expansion. In comparison, the Kaiser Family Foundation found the federal government paid for nearly 64 percent of Ohio’s Medicaid program in fiscal year 2013.
The expansion would fill a so-called “coverage gap” under Obamacare and Ohio law. Without it, parents with incomes between 90 percent and 100 percent of the federal poverty level and childless adults with incomes below 100 percent of the federal poverty level won’t qualify for either Obamacare’s tax credits or Medicaid.
The Health Policy Institute of Ohio (HPIO) previously found the expansion would insure between 300,000 and 400,000 Ohioans through fiscal year 2015. If the expansion is approved beyond that, HPIO says it would generate $1.8 billion for Ohio and insure nearly half a million Ohioans over the next decade.
If the Ohio Supreme Court upholds the Controlling Board’s decision, the Medicaid expansion will go into effect in 2014 and cost the federal government nearly $2.6 billion, according to the Ohio Department of Medicaid.
Yesterday marked the 10th anniversary of the U.S. Supreme Court's 5-4 decision that stopped the presidential election recount in Florida and handed the 2000 election to George W. Bush.
It's difficult to believe that was already 10 years ago. And it's amazing still that A) the Supreme Court acted in such a blatantly political manner to step in and resolve a state election issue, halting a legal recount, and B) that Americans didn't take to the streets to revolt against the power grab by Bush and his Republican cronies.
The Anna Louise Inn and Western & Southern will meet again in court in April to begin the next chapter of the ongoing zoning dispute between the longtime neighbors.
In a Feb. 8 ruling, the Ohio First District Court of Appeals agreed with a lower court that Cincinnati Union Bethel, which owns the Inn, filed an incomplete permit application. The ruling asks CUB to resubmit the funding requests to the city of Cincinnati — except this time CUB will have to include details about previously omitted parts of the Anna Louise Inn and the Off the Streets program.
But Tim Burke, attorney for CUB, says CUB already carried out the court’s requirements. After Judge Norbert Nadel ruled May 4 that the Inn didn’t properly fill out its original application, CUB started a second chain of applications to obtain a conditional use permit to meet Nadel’s zoning specifications. The new applications have been approved by Cincinnati’s Historic Conservation Board and the Cincinnati Zoning Board of Appeals, but Western & Southern is appealing those rulings as well.
Last week’s appeals court ruling sent the case back down to the lower court on a legal technicality. With the ruling, all the Anna Louise Inn cases, including the separate chain of zoning appeals, are essentially consolidated to Nadel.
The dispute began in 2010, when Western & Southern sued the Anna Louise Inn over zoning issues to block $13 million in city- and state-distributed federal loans to renovate the building. Western & Southern declined an opportunity to purchase the building in 2009, but now seems interested in turning it into a luxury hotel.
The Anna Louise Inn is a 103-year-old building that provides shelter to low-income women. Its Off the Streets program helps women involved in prostitution turn their lives around.
For more information about this ongoing dispute, visit CityBeat's collection of coverage here.
Ohio House Republicans released their own budget proposal yesterday that does away with many of Gov. John Kasich’s proposed policies. The budget gets rid of the Medicaid expansion, the oil and gas severance tax and the sales tax expansion. It also reduces the state income tax cut to 7 percent, down from 20 percent in Kasich’s plan. The amount of schools getting no increased funding under a new school funding formula decreased from 368 in Kasich’s plan to 175 in the House plan, addressing issues that selective wealthy schools were benefiting too much from Kasich’s proposed school funding formula. CityBeat covered Kasich’s budget proposal in detail here.
NARAL Pro-Choice Ohio is criticizing the Ohio House’s proposed budget for defunding Planned Parenthood and redirecting federal funds to anti-abortion crisis pregnancy centers (CPCs). A study from NARAL Pro-Choice Ohio, which is highly supportive of abortion rights, found 47 percent of CPCs gave inaccurate medical information regarding a link between mental health problems and abortion, and 38 percent provided false information about the connection between breast cancer, infertility and abortion, among other findings.
The city of Cincinnati is asking Judge Robert Winkler to stay his previous ruling so the city can use emergency clauses to expedite legislation. City Solicitor John Curp says the city needs emergency clause powers in case of natural disasters and to advance economic development deals that need to be implemented before 30 days. The city previously used emergency clauses to avoid a 30-day waiting period for implementing laws, but Winkler ruled the clauses do not nullify the right to referendum, effectively eliminating the use of emergency clauses because the city now always has to wait 30 days in case of a referendum effort. The ruling was given after City Council used an emergency clause to expedite the lease of the city’s parking assets to the Port Authority to help balance deficits and fund economic development.
With the support of Councilwoman Yvette Simpson, City Council is looking to study youth poverty, homelessness and other issues to better prioritize city policy. The $175,000 study, which will be mostly privately funded, will look at multiple factors affecting the city’s youth, including crime, poverty, homelessness and educational opportunities. Simpson says the study will be the first comprehensive look at the city’s youth.
Democratic Ohio Sen. Sherrod Brown’s bill to end Too Big to Fail was leaked to the press Friday, and The Washington Post has an analysis on what it does here. While the bill doesn’t explicitly break up big banks, it does severely limit big banks in a way that may encourage them to downsize. Brown will co-sponsor the bill with Republican La. Sen. David Vitter, making it a bipartisan compromise. CityBeat covered Brown’s efforts in further detail here.
Ky. Sen. Mitch McConnell’s re-election campaign is complaining someone bugged a meeting to listen in on staff’s plans for the 2014 election. Jesse Benton, campaign manager for McConnell, said in a statement, “Today’s developments ... go far beyond anything I’ve seen in American politics and are comparable only to Richard Nixon’s efforts to bug Democratic Party Headquarters at the Watergate 40 years ago.” During the meeting, McConnell’s staff alluded to labeling potential opponent Ashley Judd as “unbalanced” by bringing up past mental health problems. Meanwhile, recent polling found McConnell is no lock for re-election.
Scientists discovered evidence of “dark lightning,” which may emanate from thunderstorms alongside visible lightning.
With 273 days remaining until the presidential election, some of our readers might already be getting sick of listening to the latest blather from the candidates. Still, a rather blistering analysis of President Obama’s recent actions at Politico is worth checking out. Maybe this line will pique your interest: “So much for the high road: Victory is more important than purity … He’s made a series of calculated, overtly political gestures that are far more transactional than transformational.”
Cincinnati Public Schools seems to be playing a big role in reforming Ohio’s school funding formula. Superintendent Mary Ronan got a call from Gov. John Kasich’s office about the per-pupil funding formula CPS uses to distribute funds to its schools. It seems the state might adopt a similar method, but Ronan is cautious: “I do think it's one of the ways you could do it, a per-pupil funding, but I have to say, we were always tweaking every year ... because sometimes those formulas can be a bit off and any time we saw one school getting a lot more than another ... we tried to refine it every year over probably the 15 years we have used it.” She also notes schools are getting “bare minimum” funding right now. CityBeat covered budget problems at CPS here.
In general, state budget cuts have led to fewer teachers in Ohio schools. Gov. Kasich previously urged schools to focus on classroom instruction, but it seems the words aren't being followed up with proper funding.
Southwestern Ohio judges are clashing over double-dipping. The practice involves government workers retiring and getting rehired so they can collect pensions and a paycheck at the same time. At a meeting, Hamilton County Judge Melba Marsh said she wants to allow Magistrate Michael Bachman to retire and then be rehired so he doesn't lose a 3-percent increase to his retirement, which is otherwise being eliminated by the Ohio Public Employees Retirement System after 2012. But the move has been met with resistance from other judges.
For Cincinnati hospitals, Medicare changes mean some loss and some gain.
The online campaign urging Macy’s to dump Donald Trump circled a “Dump Trump” billboard around Macy’s headquarters. The anti-Trump movement has gained about 680,000 signatures since it started.
On Christmas Eve, some spent time with family, while Butler County Deputy David Runnells helped deliver a baby in the back of a car during an emergency call.
Ohio will use $20 million out of $200 million in casino funds to train incumbent workers. Gov. Kasich says the program could help avoid layoffs.
It seems Mitt Romney's presidential campaign really thought they were going to win. In campaign memos leading up to the election, campaign staff said the race was “unmistakably moving in Mitt Romney’s direction,” and the campaign ridiculed the possibility of losing Ohio due to the Romney campaign’s “better ground game.” But President Barack Obama had a much larger ground game for one-on-one interaction, which is one of the factors former Romney staff now say led to their demise. But whatever. Romney didn't want to be president, anyway, says son Tagg Romney: “He wanted to be president less than anyone I’ve met in my life. He had no desire to ... run.”
Fiscal cliff talks aren’t going well. President Obama cut his vacation early to work out negotiations. If Republicans and Democrats can’t work out their problems, a series of spending cuts and tax hikes dubbed the “fiscal cliff” will kick in throughout 2013. But it’s looking more and more likely the nation will head off the cliff, considering U.S. Speaker John Boehner can’t even pass tax hikes on people making more than $1 million a year.
Ever wonder what dinosaur meat would taste like? Well, Popular Science has that covered.
Despite problems with staff and records, a report is calling changes to Ohio’s youth prisons system a model for the nation. The report from a court-appointed monitor praised the Ohio Department of Youth Services for reducing the number of offenders in secure confinement and spreading services for youthful offenders around the state. However, the report also points out staff shortages, inadequate teachers and inconsistent medical records. Advocates for youthful offenders claim the bad findings show a need for continued court supervision.
There’s a new sheriff in town, and the old one is becoming a visiting judge. Simon Leis, who served as sheriff for 25 years, is best known for going after an allegedly obscene Robert Mapplethorpe exhibit and prosecuting pornographer Larry Flynt. As visiting judge, he will take on cases other judges are assigned but can’t get to due to full dockets.
An appeals court is allowing City Gospel Mission to move to Queensgate. The special assistance shelter wants to move from its current Over-the-Rhine property to Dalton Avenue, but businesses and property owners at Queensgate oppose the relocation. In its opinion, the Ohio First District Court of Appeals said opponents to the relocation “have not raised any genuine issues of material fact in support of their constitutional attack upon the notwithstanding ordinance in their capacity as neighboring businesses and property owners.”
Butler County nonprofit services are worried that a greater need for their services in 2013 will force more budget tightening.
U.S. retailers did not have a good Christmas. Holiday sales were at the lowest they’ve been since 2008. The disappointing sales have forced retailers to offer big discounts in hopes of selling excess inventory.
Former president George H.W. Bush is in intensive care “following a series of setbacks including a persistent fever,” according to his spokesperson.
The Food and Drug Administration says FrankenFish, a giant, genetically modified salmon, is environmentally safe.
Fun fact: More Iranians worry about global warming than Americans.
Colleges are now helping students scrub their online footprints.
Antifreeze now tastes bitter to deter animals and children from eating it.
Scientists have developed a highly advanced robot boy capable of doing chores. Keep its face in mind, for you could be looking at the first of our future robot overlords.
Sensing he needs to make up for lost ground, Mitt Romney went on the offensive in Monday night’s Republican presidential debate in Tampa, Fla., hammering Newt Gingrich as an “influence peddler.” Occasionally appearing at a loss for words, the bombastic ex-Speaker of the House accused Romney of engaging in “trivial politics.”
Boys, boys: Settle down or I’m pulling the car over.
County Commissioner Todd Portune's idea to borrow more money and extend a half-cent sales tax in order to keep up with stadium costs has been shot down by a Bengals lawyer who used 15 bullet points to demonstrate that Portune's plan “proposes to breach one or both leases.”
Duke Energy is asking state regulators if it can bump customers' rates up again. Duke says the increases are to pay for infrastructure investments. The change would increase customer costs of electric service by $86 million and for natural gas by $44 million. A federal appeals court on Monday reinstated an antitrust lawsuit against Duke Energy that accuses the company of paying kick-backs to corporations opposing a 2004 rate increase.
A rally for “religious freedom” will take place on Fountain Square today in response to federal health care legislation requiring women to have abortions employers to provide insurance that covers birth control. The law includes a religious exemption, which bishops have said isn't enough.
A group pushing to ban dog auctions in Ohio has halted its effort to put the issue on the November ballot due to lack of funding and time. CityBeat in February reported the group's efforts to ban the sale of dogs through auctions or raffles, as well as all trafficking in dogs from out-of-state auctions.
New York City officials, including
Brooklyn Democratic Rep. Yvette Clarke, are arguing that the city's
“Stop and Frisk” policy is racist. The policy allows police to
stop an individual and pat him or her down for contraband if they
suspect illegal activity. From USA Today:
Clarke says the program, known as "Stop, Question and Frisk" or "Stop and Frisk," amounts to racial profiling. It is based on a 1968 Supreme Court ruling that police could stop people on the basis of "reasonable suspicion."
Last month, U.S. District Court Judge Shira Scheindlin approved class-action status for a lawsuit that alleges the practice subjects people to race-based illegal searches.
President Obama's health care law helped
6.6 million young adults stay on their parents' plans during the
first year and a half.
Rick Santorum has formed a new conservative organization aiming to recruit 1 million supporters to help get Barack Obama out of the While House. No word on how Santorum's “Patriot Voices” group will differ from the tea party patriots.
NASA says it has spotted the universe's first objects.
Black members of the Netherlands soccer team were subjected to
racist chants at their Euro 2012 practice facility in Krakow, Poland.
The team says fans were making monkey chants at the players.
LeBron James scored 45 points to lead the Miami Heat over the Boston Celtics last night, forcing a deciding Game 7 for the Eastern Conference championship. The Oklahoma Thunder await in the NBA Finals.