Supreme Court to Judge Affordable Care Act

Happy Second Birthday; Some Hope There Won’t Be a Third

Friday was the second birthday of the Patient Protection and Affordable Care Act, but the bill may not see a third if the Supreme Court strikes it down after hearing arguments on the act’s legality this week. At least, that’s what Doug Carlson of the Southern Baptist Ethics & Religious Liberty Commission hopes will happen.

“The Department of Health and Human Services (HHS) issued a rule requiring that, under state health care exchanges, every enrollee in these insurance plans must pay a $1 surcharge directly into an account for abortions,” Carlson said. This comes after a January HHS directive that would require most religious employers to provide free contraception and other controversial reproductive health services in their insurance plans caused a political and religious fury.

Yale Legal Scholar Says Act Will Survive Supreme Court Scrutiny

But it would be “remarkable” if the Supreme Court struck down the act’s individual mandate to purchase health insurance and “revolutionary” if it struck down the act’s “extension of Medicaid to increase coverage for the poor,” Jack M. Balkin, Knight Professor of Constitutional Law and the First Amendment at Yale Law School, said at The Atlantic. Overturning the medicaid expansion would “throw into doubt the way that modern federal government works with states and it would jeopardize many popular social programs,” Balkin said.

Projected Employer Insurance Dump Could Reduce Deficit

The Affordable Care Act will cause a lot of employers to “dump people on government-run exchanges to get them off their neck,” Philip Klein, senior editorial writer for The Washington Examiner, said in an interview with CBN News. But a new Congressional Budget Office report “argues that dramatic increases in employer dumping could reduce, not expand, the deficit,” Forbes “Apothecary” blogger Avik Roy said in a post at The Atlantic. In another post, Roy said the idea that the U.S. health-care system is predominantly a free-market one is a myth. “In reality, per-capita state-sponsored health expenditures in the United States are the third-highest in the world, only below Norway and Luxembourg. And this is before our new health law kicks in.”

President’s Standing With Catholics in Jeopardy

Nonetheless, the campaign of religious conservatives against the act “is taking some toll on the president’s standing with Catholics,” The Washington Post reported. The article cited a new survey from the Pew Forum on Religion and Public Life that found “the percentage of white Catholics who said the Obama administration is unfriendly toward religion has nearly doubled since 2009, from 17 percent to 31 percent” and, among all Catholics, the percentage rose from 15 percent to 25 percent.

Republicans Have Troubles of Their Own

Republicans have problems with their own alternative to the president’s plan, however. On Thursday, House Republicans “voted to eliminate language in their healthcare reform bill that said the U.S. healthcare industry affects interstate commerce, which Republicans feared could undermine their argument that the Democrats’ 2010 healthcare law abused the Commerce Clause of the Constitution,” The Hill reported.

Prayer Rallies Left and Right

On Friday, pro-life groups held rallies in cities around the country to protest the “unjust violation of our religious liberty by the Obama Administration’s contraception, sterilization and abortion-inducing drugs mandate” and, on Sunday, they surrounded the Supreme Court building to pray “that justice may be done in these proceedings” and that “the religious freedom and freedom of conscience will be respected, that there will be no taxpayer subsidizing of abortion, and that the US Constitution will be honored.”

Today religious supporters of the act who want to “help people of faith move beyond cable news interpretations of health care reform” will follow suit by encircling the Supreme Court for prayer during oral arguments. According to The New York Times, their plan originated in the White House earlier this month.

As someone who joined the ranks of the uninsured this year for the first time in my adult life, I’ll be watching debate about the Affordable Care Act closely. I don’t know what the best solution is to the problem of unaffordable health insurance, but like an increasing number of Americans, I need one.

What do you think?

Do you want to see the Patient Protection and Affordable Care Act enacted or overturned?

Unlearning Racism

As a father, I dread feeling the pain that Tracy Martin has now.

Knowing your innocent son has suffered for the guilty.

I raised two sons who are now 27 and 20 years old. They’re good young men. They know God, have attended college, and are working hard as they navigate their life paths. They have no criminal records. They have no children out of wedlock or offspring that they don’t support. They don’t fit our culture’s negative stereotype of the black male — anti-intellectual, violent thugs to be feared. But judging from their tattoos, skinny jeans and partiality to wearing hoodies, perhaps you wouldn’t know this about my sons if you encountered them on a sidewalk.

Black fathers that commit to raising their boys to be good men fear for them because we know intimately the burden of the negative black male stereotype — the white myth we’ve been branded with for centuries. It has gotten worse since I was younger in the ’80s when my father feared for me. We dads (and single moms nowadays) eventually perform the ritual of sitting our sons down to have “that conversation” that has been passed down, that man-to-man talk about the rules of survival.

We say things like:

• Expect to be followed in a department store, but don’t pay it any mind.

• When (not if) the police stop you, stay cool and calm. Don’t make any sudden moves that could cost you your life.

• Pull your pants up. Dress neatly and don’t act rowdy or suspicious in public. Otherwise, you’ll scare white folks and they’ll trip on you.

“I’ve always let him know we as African Americans get stereotyped,” Tracy Martin told USA Today of his son, Trayvon Martin, who died senselessly at the hands of a gunman claiming self-defense. “I told him that society is cruel.”

By now you’ve surely heard about Trayvon, 17, who was killed Feb. 26 by George Zimmerman, an apparently overzealous neighborhood watch captain in Sanford, Florida. From Zimmerman’s 911 call, it is clear that he believed the negative black male stereotype and fit Trayvon into its deadly box. It didn’t matter to Zimmerman, who is actually Latino, that whites also burglarize in his neighborhood. Trayvon, while visiting the home of his father’s fiancée, was essentially walking while black. A black teen “wearing a hoodie” is “suspicious” and therefore guilty. That was enough for Zimmerman, 28, to justify drawing a 9mm handgun and bustin’ a cap into a teen.

A dad’s worse fear for his son realized.

We dads fear for our sons because we can’t control the minds of others who want to believe the worst about them. We fear that our sons will suffer for the young men who have bought into the negative stereotype and even promote it. We fear the white police officer who pulls them over for a traffic stop. We fear a police chief who declines to thoroughly investigate our son’s killer, even when the gunman has admitted to it.

By all published reports so far, Trayvon wasn’t a thug or gangsta but more like my sons, or perhaps yours when they were teens — a good kid carrying a package of Skittles and talking to a girl on his cellphone. Even President Obama chimed in yesterday, remarking that if he had a son, he’d likely look like Trayvon.

Trayvon wasn’t anti-intellectual. He was reportedly an A and B student. There’s nothing wrong with being an athlete or a rapper (one of my sons is both), but Trayvon dreamt of being a pilot. Clearly he was being raised to rise above the stereotype.

But the innocent often suffer for the guilty.

As much as these racially charged incidents outrage us, the fact is that most crimes are intra-racial. Whites basically kill whites and blacks kill blacks. Black-on-black homicide is the leading cause of death for young black males ages 12 to 19. Both of my sons, while in high school, have had friends die this way. In my day, growing up in Brooklyn during the Howard Beach incident, I too had more high school friends who died at the hands of fellow young black men. Why aren’t we equally outraged by black on black homicide as we are when a white person kills one of us?

I hope Zimmerman gets a fair trial that leads to hard time in state prison. But what is the black community’s culpability in perpetuating the negative black male stereotype that Zimmerman chose to believe? White people do no have a monopoly on racist thinking. Black and Latinos perpetuate negative stereotypes, too. We all bear some responsibility. It’s a result of the systemic, often institutionalized racism we are all under. We need to analyze that and get free from it.

What if we all operated on the root cause of the sickness — the systemic racism in our society, which has warped the minds of all Americans, instead of the symptom only? What if we all attacked the sin at its source? I believe we all need systematic anti-racism training — in schools, churches, and at home — to heal from racism.

There is a pattern to how we react to these high-profile, racially charged recurring tragedies (see Emmett Till, or more recently Yusef Hawkins and the Jena 6). We learn of these incidents through the media and become angry. Anger leads to protesting, marching, and chanting led by national civil rights leaders. Scapegoats are soon forced to resign, like how the Sanford police chief abruptly agreed March 22 to step down “temporarily” under pressure. Oh, we may even have a vigorous national conversation about race for a week or so. But after the news cycle has run its course, we quickly return to the same old stereotyping until the next tragedy explodes.

Meanwhile, good dads and moms are left dreading the perilous prospects that may await their innocent sons.

Whether the destruction inflicted upon our black sons comes from within our community or from without, we must be intentional about equipping them to rise above the ignorance and hate. If our black sons are to ever be as safe as young white men in America, we must get to the root cause of the negative black male stereotype that has burdened me, my brothers, my dad, and generations of African American men.

If we don’t, we’ll continue to mourn the tragic and unnecessary deaths of young men like Trayvon Martin.

Trayvon Martin and the Myth of the ‘Criminalblackman’

WE ARE TRAYVON: Thousands of protesters demanded justice for Trayvon Martin during the Million Hoodie March on March 21 in New York's Union Square. (Photo: Christopher Sadowski/Newscom)

The Trayvon Martin tragedy is perhaps the most-talked-about news story of this past week, yet a casual scan of Facebook pages and other social media suggests the outrage over Martin’s death does not extend that far beyond the African American community. That’s unfortunate, because this is a story that should upset all Americans, regardless of race, especially those of us in the Christian community.

Trayvon, an African American teenager, was walking down a Central Florida sidewalk when he was targeted by an overzealous neighborhood watch captain named George Zimmerman. Some sort of confrontation ensued and Trayvon, who was unarmed, was slain by Zimmerman, who claims he shot the 17-year-old in self-defense. The shooting has raised enough suspicions about the incident being racially motivated that the FBI and the U.S. Justice Department have opened investigations.

Trayvon’s father, Tracy Martin, told CNN, “I think that’s an issue that Mr. Zimmerman himself considers as someone suspicious — a black kid with a hoodie on, jeans, tennis shoes. Thousands of people wear that outfit every day, so what was so suspicious about Trayvon that Zimmerman felt as though he had to confront him?”

The charge brought to mind a recent college class I taught in which I was interrupted in the middle of my lecture by a student who challenged a fact I had just presented about the frequency of highway drug arrests. “I don’t believe it,” he stated. “I was in a car that was stopped once by the cops and we weren’t arrested even though they found marijuana.”

“Where were you, how many of you were in the car,” I asked, “and what races?”

The answer was that he and the four male teens were in a rural area of Ohio not far from their homes, and they were all white.

“So do you think your race and location had anything to do with not being arrested?” I asked. He didn’t.

I knew then I needed a set of facts to convey the reality that he and the other all-white class of students in my college course weren’t able to see — precisely because they were white and had never been viewed suspiciously in their hometowns because of the color of their skin. Michelle Alexander’s much-discussed book, The New Jim Crow: Mass Incarceration in an Age of Colorblindness, provided those facts.

22 Facts That Challenge Perceptions

As we worked through Michelle Alexander’s book over the course of the next couple of weeks, my students began to rethink their assumptions about how post-racial we as a society really are, even in an era of civil rights and a black president. This happened as they began to understand the reality of what Alexander, an Ohio State University law professor, coins the “criminalblackman.” In condensed form, here are the 22 statistics from her book that — cumulatively grasped — served as the scalpel for removing the colorblind scales from my white students’ eyes:

 To return to 1970 incarceration rates today, we would need to release 4 of every 5 inmates. (p. 218)

Federal law requires that states permanently exclude anyone with a drug-related felony from receiving federally funded public assistance. (p. 153)

Inmates work in prison for less than minimum wage, often for $3.00 an hour but as low as 25 cents an hour, even though child alimony and other payments continue to accrue. (p. 152)

In the last 25 years, multiple fees have been added for those awaiting trial. These include jail book-in fees, jail per diems to cover “room and board” while awaiting trial, public defender application fees, and bail investigation fees. (p. 150)

Post-conviction fees include public defender recoupment fees, work-release program fees, parole fees, probation fees. Example: Ohio courts can order probationers to pay a $50 monthly supervision fees as a condition of probation. (p. 150)

Four of five drug arrests are for possession, not sales, of drugs. (p. 59)

More than 31 million people have been arrested for drug offenses since the drug war began. (p. 59)

There were 3,000 SWAT deployments a year in the early 1980s, but 30,000 by 2001. Driven by federal grants based on arrests, special tactic teams often act in military fashion as they “blast into people’s homes, typically in the middle of the night, throwing grenades, shouting, and pointing guns and rifles at anyone inside, often including young children.” (p. 74)

Forfeiture laws (which allow local police departments to keep a substantial portion of seized assets and cash) are frequently used to allow those with assets to buy their freedom, resulting in most major kingpins getting short sentences or no sentences while small-time dealers or users incur long sentences. (p. 78)

Tens of thousands of poor go to jail each year without ever having talked to a lawyer. In Wisconsin, 11,000 indigent people go to court without legal representation since anyone who earns more than $3,000 a year is considered capable of hiring a lawyer. (p. 83)

Prosecutors routinely “load up” defendants with extra and questionable charges to force them to plead guilty rather than risk longer prison sentences resulting from the trumped up charges. (p. 86)

Some federal judges have quit in protest over minimum sentencing laws, including one conservative judge who quit after being forced by minimum sentencing requirements to impose a five-year sentence on a mother in Washington, D.C., convicted of “possession” of crack found by police in a box her son had hidden in her attic. (p. 91)

Most people convicted of a felony are not sentenced to prison. In 2008, 2.3 million people were in prisons and jails, but another 5.1 million were under probation or on parole. (p. 92)

Even those convicted of a felony for a small amount of drugs are barred from public housing by law and made ineligible for feed stamps.  (p. 92)

By 2000, about as many people were returned to prison for parole violations as were admitted to prison in 1980 for all reasons. One can be returned to prison for any number of parole violations, including being found in the presence of another convicted felon. (p. 93)

“Although the majority of illegal drug users and dealers nationwide are white, three-fourths of all people imprisoned for drug offenses have been black or Latino.” (p. 97)

White young people have three times the number of drug-related emergency room visits as do black youth. (p. 97)

In 2006, 1 of every 14 African Americans was behind bars, compared to 1 of every 106 European Americans. (p. 98)

A study of Maryland highway stops found that only 17 percent of drivers along a stretch of I-95 outside of Baltimore were black, but black people comprised 70 percent of those stopped and searched for drugs. This was the case even though the study found that whites who were stopped were more likely to be found actually carrying contraband in their vehicles than people of color. (p. 131)

States typically have mandatory sentencing for drunk driving (a statistically “white” crime with 78 percent of arrests being white males) of two days in jail for a first offense and two to ten days for a second offense, but the “black” crime of possessing even tiny amounts of cocaine carries a mandatory minimum sentence of five years in federal prison. (p. 201)

White ex-offenders may actually have an easier time gaining employment than African Americans without a criminal record. “To be a black man is to be thought of as a criminal, and to be a black criminal is to be despicable — a social pariah. To be a white criminal is not easy, by any means, but as a white criminal you are not a racial outcast, though you may face many forms of social and economic exclusion. Whiteness mitigates crime, whereas blackness defines the criminal.” (p. 193)

The one statistic, however, that finally broke through the rural white Midwestern defenses was this one: “Studies show that people of all colors use and sell illegal drugs at remarkably similar rates. If there are significant differences in the surveys to be found, they frequently suggest that whites, particularly white youth, are more likely to engage in drug crime than people of color” (p. 7).

Continued on page 2.