Author Archive for Erin Chan-Adams

End of Obamacare: What Happens When Trump Repeals the ACA?

The GOP has hated what they’ve coined “Obamacare” from the start. Obamacare, also known as the “Affordable Care Act,” certainly has its kinks. For instance, high deductibles for its Bronze plan users make up about 20 percent of its customers. Nevertheless, the fact of the matter is that it has helped millions of people, most of whom are low-income or working class, who otherwise would not have health insurance. It has done this without raising taxes.

President Trump promised to repeal Obamacare as soon as he was elected. When he finally took office, he again promised to repeal Obamacare. Initially, indications from the GOP were that a repeal would occur within the first 100 days of Trump’s presidency. The repeal seems to have lost its initial steam.Obamacare

Possible Timeline

The Senate and House of Representatives started the repeal process in earnest. In January, both the House and the Senate passed a budget resolution that set the stage for introducing a bill that would strip major provisions from Obamacare.

In order to repeal Obamacare, the next step is for President Trump to the sign the budget resolution bill while simultaneously introducing a bill to replace key provisions of the Affordable Care Act, but the GOP seems to have faltered at this step. What they initially wanted to happen swiftly is now being pushed back to the end of 2017, primarily because the party is still trying to figure out what to replace Obamacare with.

Even when a replacement for Obamacare is presented and signed by President Trump, there will be delays built into the repeal bill in order to ease the transition. No one knows how long the delay will take, but it’s presumed a delay of two to four years is likely. For this reason, major changes are unlikely to affect Affordable Care Act consumers right away.

Why Delay Repeal?

For one, there are many parts of Obamacare that are popular. Under Obamacare, insurance companies cannot deny coverage based on a preexisting condition, and children stay on their parents’ plan until they turn 26. These provisions are popular among the majority of Americans.

Moreover, the Affordable Care Act has insured over 20 million people who otherwise wouldn’t have health insurance. Republicans have been bombarded with constituent concerns about the potential loss of coverage. There are stories of everyday Americans who say they would’ve died had it not been for the Affordable Care Act.

How Will Repealing Obamacare Affect Americans?

Under Obamacare, millions of Americans are insured and can’t be turned away despite pre-existing conditions. Senior citizens pay less for Medicare coverage and for their prescription drugs. Many Americans receive free contraceptives, mammograms, colonoscopies and cholesterol tests, Repealing Obamacare could threaten all these advantages.

For instance, “repairing” Obamacare could mean higher premiums and deductibles for those enrolled on Medicare, most of whom are on fixed incomes. Companies with at least 50 employees may no longer be required to provide affordable insurance to their employees who work more than 30 hours a week. This could affect millions of employees who work at least 30 hours per week but less than 40 hours. In addition, companies will no longer have to keep children on their parents’ health insurance plans until they turn 26.

Finally and perhaps most devastating, a repeal on Obamacare would no longer require nearly all Americans to obtain insurance or pay a penalty. Millions of Americans covered by the Affordable Care Act may be dropped by their insurance carrier with no way of obtaining alternative insurance.

Ethics Rules Violated When White House Endorsed Ivanka Trump’s Products

Less than a month into his Presidency and Donald Trump has more scandals under his belt than President Obama did during his eight years in office.
Before taking office, Trump was known for his Trump Organization, a privately owned international conglomerate. The “Trump” brand is comprised of more than 500 business entities of which President Trump is either the sole or principal owner. His daughter, Ivanka, has a clothing line featured in various department stores across the U.S. Until recently, it included Nordstroms.

After Nordstroms decided to drop Ivanka Trump’s clothing line, President Trump’s senior advisor Kellyanne Conway discussed Nordstrom’s decision in a live Fox News interview. Conway took her air time to talk up Ivanka’s line, claiming that she owned many Ivanka Trump pieces and claimed the line was “wonderful.” She then went on to give Ivanka what she described as a “free commercial,” exclaiming, “Go buy it today, everybody. You can find it online.”

What Ethics Rule was Violated?

There’s a rule in the Code of Federal Regulations that states a federal employee shall not use his or her office “for the endorsement of any product, service or enterprise.”

There’s no question that Conway endorsed Ivanka Trump’s brand in her off-the-cuff statement, but the comments were further troubling for another reason. As Trump’s senior and one of his most visible advisors, Conway’s “free commercial” had the appearance of the White House, and by extension the President, telling people to buy Ivanka Trump’s clothing line. As part of the Trump Brand, President Trump stands to gain financially if people heed Conway’s advice and start buying Ivanka Trump’s product.

Calls for Ethical Investigation

Public citizens and Citizens for Responsibility and Ethics immediately asked for an investigation of the Office of Government Ethics (OGE). The OGE is a federal agency whose job it is to help the President and executive branch avoid conflicts of interest. It was created in 1978 following President Nixon’s Watergate scandal. The OGE can investigate and make recommendations based on possible ethics violations, but any sanctions or subsequent punishment is at the discretion of the White House.

It is important to note that an ethics violation of this nature is unprecedented, although former Chief Counsel to Vice President Biden claims this type of violation would have gotten someone fired under the Obama administration.

White House Response

According to a former lawyer and ethics officer at the Federal Election Commission, the typical ethics rule violation will result in a letter of reprimand. Termination is also an option. In extreme but rare cases, a violation could be referred to the Justice Department.

In this case, White House Press Secretary Sean Spicer announced that Conway was “counseled” for her comments, but would not elaborate. In an interview on Fox News, Conway said President Trump supported her 100 percent. “In fact, it was a very heartening moment,” Conway said. “All I can say to America’s women is, at some point in your life, you ought to have a boss who treated me the way the president of the United States treated me today.”

Given her comments and the potential Trump’s brand has to gain after Conway’s self-described free commercial, it’s safe to say the President elected not to punish Conway. We should probably question whether she was praised, encouraged or rewarded.

Has President Trump Committed an Ethical Violation?

In addition to the above-referenced federal ethics code, a lesser known section restricts the President and Vice President from using their office to influence or make threats about an employment practice of any private company. In other words, President Trump cannot misuse his authority to bully private companies or influence how they do their business.

During a press conference, Spicer claimed Nordstroms’ decision to discontinue Ivanka Trump’s line was unacceptable because it was an attack on Trump’s daughter. Trump expressed his unhappiness with Nordstroms for treating his daughter so unfairly. The comments taken together can be interpreted as a violation of federal ethics.

Time will tell whether Trump faces any backlash for the White House’s position, or if Conway’s comments will be overshadowed by another scandal in the coming days.

H.R. 7: the First Step to End Access to Abortion

Days after worldwide Women’s Marches, the House of Representatives voted to pass bill H.R. 7. The Bill, also known as the “No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act,” is meant to curb abortion rights by banning the use of federal funding for abortion services except in extreme cases. The bill is an extension of the controversial Hyde Amendment.

H.R. 7 Abortion The Hyde Amendment

Passed by the House of Representatives in 1976, the Hyde Amendment is a legislative provision that blocks federal Medicaid funding for abortion services. Three very narrow exceptions exist: if the pregnancy is a result from rape, incest, or if continuing the pregnancy will endanger the woman’s life. Medicaid is a federally funded health care program for families or people with limited resources. It provides free or low-cost health care to low income people.

The Hyde Amendment has had the biggest effect on those who rely on Medicaid for health services, namely low-income women, women of color, young people and immigrants. Unless the pregnancy threatens the life of the woman or the pregnancy is a result of rape or incest, insurance does not cover abortions for those women on Medicaid. As a result, those women and families who are already low-income have to carry their babies to term and pay for the insurance costs out-of-pocket. Recent reports indicate the uninsured cost of having a baby is anywhere from $30,000 for an uncomplicated vaginal birth to $50,000 for a C-section.

How H.R. 7 Expands the Hyde Amendment

The Senate still needs to vote to pass H.R. 7 for it to become law, but if it passes, the Hyde Amendment extends to those people who receive their medical insurance plans by participating in the Affordable Care Act. Organizations like Planned Parenthood will no longer receive federal funding, even if the money is used for other health care services. The bill further makes the Hyde Amendment permanent. For the last 40 years since it was first proposed in 1976, the amendment has been subject to annual renewal. The Bill eliminates the need to approve the amendment year after year. The bill also provides incentives for private insurance companies to drop their abortion coverage.

Arguments For and Against the Bill

Proponents of the bill argue that taxpayers’ money shouldn’t be used for abortions, especially if the individual taxpayer is pro-life. In this way, they contend that there should be a boundary between public and private dollars for such a controversial procedure. Opponents claim the Amendment and H.R. 7 places an undue burden on women who rely on Medicaid and government assistance for health care.

What Does This Mean for Women?

If passed by the Senate, H.R. 7 will not have a sweeping impact on all women. It will, however, impact women on Medicaid and who have health insurance through the Affordable Care Act. Women of color will be most impacted as they disproportionately comprise the majority of Medicaid enrollees. Recent statistics show that 30% of Black women and 24% of Hispanic women are enrolled in Medicaid. Comparatively, only 14% of white women are enrolled in Medicaid.

There are currently 25 states that already prohibit insurance providers from covering abortions. If H.R. 7 becomes law, it will pull federal funding for abortions in the remaining 25 states.

From a practical standpoint, the bill may force women who simply can’t afford to have an abortion to carry their pregnancy to term. These women could be consumed by unsurmountable debt from their medical care during pregnancy and the birth of their child. They likely will have to seek federal assistance (welfare) to support themselves and their child.

Women who are desperate to avoid paying prohibitively expensive insurance costs may seek more dangerous methods to abort their child.  Such practices could threaten the life of the mother as well as the unborn child.

Understanding President Trump’s Muslim-Based Immigration Ban

Since President Trump’s inauguration, his presidency has been fraught with controversy. Trump ran his presidential campaign on a platform that pledged he would “Make America Great Again.” Among his promises were to bar immigration from Muslim nations. Now he’s trying to make good on his promise.

As one of his first orders of business, President Trump signed an executive order on Friday that indefinitely suspends admissions for Syrian refugees to the United States. It further banned all refugees from Iraq, Iran, Syria, Sudan, Somalia, Libya and Yemen from entering the United States while prioritizing Christian refugees.

What Exactly Does the Order Do?

Under a guise of protecting Americans from acts of terrorism, President Trump calls his order “extreme vetting” of immigrants. He is careful not to call it a “Muslim Ban.” Instead the order is titled, “Protection of the Nation from Foreign Terrorist Entry into the United States,” and it will restrict entry from countries with a “history of terrorism.”

The order will suspend the entire U.S. Refugee Admissions program for 120 days, thereby blocking all refugees from all countries from resettling in the United States. Additionally, people from Iraq, Syria, Libya, Yemen, Somalia, Sudan and Iran will be barred from entering the United States for 90 days regardless of if they have valid visas. After the 90 days, permanent visa bans could be enacted for those countries and for others. The order also caps the amount of refugees who may be admitted to the United States at 50,000 immigrants, down 60,000 from last year.

Donald Trump

What is an Executive Order?

An executive order is an official statement from the President of the United States regarding how federal agencies are to use their resources. So long as the order is not against any existing laws, they are legally binding for federal agencies. The President is not creating new laws, but instead instructing the government how it must work within the confines of existing law set by the Constitution and Congress. While the Supreme Court may overturn any executive order, it is very rare. Congress may also limit executive orders.

What exactly gives the President such powers? Article II of the Constitution gives the President broad powers under “executive actions.” Executive actions generally are known to include executive orders, but they also include presidential memorandums (basically a step below executive powers), proclamations and directives.

Is a Muslim Ban Legal?

People are already questioning the legality of President Trump’s Muslim ban. Executive orders are legal so long as they do not conflict with existing law. Trump cannot, for example, sign an executive order requiring torture of any enemy combatant. Congress issued a law banning torture of U.S. prisoners back in 2015, and any order allowing torture would fly in the face of existing law.

In the 19th Century, the U.S. enacted laws which excluded all Chinese and almost all Japanese from entering the country. Based on this discriminatory history, Congress passed a law more than 50 years ago that outlawed discrimination against immigrants based on national origin. So no, Trump’s discriminatory Muslim-based ban is not legal. Because Trump is targeting Muslim-majority countries while prioritizing Christian refugees, he couldn’t even argue his order does not deliberately discriminate against Muslims, although he will.

On Saturday, the American Civil Liberties Union (“ACLU”) obtained an emergency stay from a federal New York judge which temporarily halts the deportation of refugees detained in the United States after Trump issued his Muslim-ban. This means that any immigrant, and certainly those from Muslim-majority countries, cannot be deported back to their home country despite Trump’s executive order.

Something to Remember

It’s also important to note that President Trump’s proposed list of banned countries does not include Muslim-majority countries where he has business links. Notably absent from the Muslim ban are Turkey, where Trump has two luxury towers, the United Arab Emirates, where Trump has golf courses, and Egypt, the location of two Trump business companies. Surely, this presents a potential conflict of interest where he is electing not to ban certain Muslim-majority countries because of his business ties, even though these countries also have a history of terrorism.

With all the controversy surrounding Trump’s first full week of office and his approval rating going down steadily, only time will tell whether he will hold firm on his Muslim-based immigration ban.

Black Priority Housing: Safe Haven or Return to Separate but Equal?

With most Universities back in session, many college students are settling into their housing, but the months leading up to school may have been riddled with anxiety about student housing.

On-campus housing is offered at most four-year universities. Campus housing is student housing that is owned and controlled by the college campus. It offers several benefits, including an environment where students can meet and befriend one another, on-campus housing (often within walking distance to classes), and may be cheaper than living off-campus.

California State University, Los Angeles (“CSULA”) is the most recent university to offer priority on-campus housing to their African American students. The housing is in response to demands from the campus’ black students who say they experienced insensitive remarks and “macroaggressions” (daily verbal, behavioral, or environmental indignities such as racial slights or insults) from white classmates. University of Connecticut, UC Davis and UC Berkeley already offer similar housing to their black students. Dorm

Proponents of the housing believe students can draw on their common experiences to support one another in black housing. Non-black students are not barred from applying for the housing.

While it is certainly admirable to enact housing regulations in an attempt to make black students feel comfortable on their own campus, the housing can be said to segregate black students. Are CSULA’s good intentions unintentionally contributing to the underlying problem of racism?

History of Segregation

Without going into the details of the horrific way our country treated blacks historically, African Americans have experienced extreme mistreatment, oppression, and inequality based entirely on their race.

In 1896, the pivotal constitutional law case of Plessy v. Ferguson upheld a legal doctrine that would be known as “separate but equal.” Under this doctrine, accommodations for blacks and whites could be separate but were for all intents and purposes supposed to be “equal.” They were not. Blacks had inferior everything – bathrooms, water fountains, schooling, modes of transportation, etc. Things were labeled “blacks” versus “whites” to designate who could use what. It was not a proud time in our history.

It wasn’t until 1954 that the “separate but equal” doctrine was overturned by the Supreme Court case of Brown v. Board of Education. The Court concluded that state laws establishing separate public schools for black and white students was unconstitutional, thereby overturning Plessy v. Ferguson. The case was one of the first acts of the Civil Rights Movement.

We have made great strides since the days of “separate but equal,” going so far as to elect our first African American president in 2008, but we still have a ways to go. Nothing exemplifies the disparity in treatment more than the recent “Black Lives Matter” movement. The movement was created in 2012 in response to Trayvon Martin’s murderer, George Zimmerman, being acquitted for his crime. Since then, numerous African Americans have been killed at the hands of citizen and police who have not been held accountable for their actions.

Will the Housing Stay?

Given the historical context and how many years it took to achieve desegregation, does the CSULA housing revert back to the days of segregation?

Probably not. Themed housing or student communities focusing on cultural identity is not new to college campuses. On-campus housing is offered to students based on their gender. Further, some colleges have “Common Interest Communities,” which provide students the opportunity to live in a space around a common interest, such as a social group, specific major or charity. None of these on-campus housing initiatives have been deemed inappropriate or criticized as a way to foster a culture of segregation within the school.

It is also important to note that CSULA is not the first campus to create black housing for its black students. The housing does not discriminate against peers who are not black, but wish to live in the designated housing. Finally, the housing was a direct result of requests from CSULA’s black students, who felt that some of their white counterparts were acting aggressively toward them.

And we mustn’t forget the case of the freshman African American student, Donald Williams Jr., who was assigned a dormitory suite with seven other suitemates at San Jose State in California. Williams was targeted in a number of hijinks as the only black student in the suite, including his roommates sneaking up behind him to place a U-shaped bike lock around his neck, hanging a Confederate flag in the common room, writing racial slurs on the dry-erase board in the common room, and calling him names such as “three-fifths” and “fraction.” Three of the white roommates were found guilty of a misdemeanor against Williams for bullying, but not for a hate crime.

If CSULA’s housing can prevent bullying or the commission of a hate crime, then they should be welcome at all college campuses.



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