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Supreme Court Upholds Nationwide Health Care Law Subsidies

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Supporters of the Affordable Care Act hold up signs as the opinion for health care is reported outside of the Supreme Court in Washington, Thursday June 25, 2015. The Supreme Court on Thursday upheld the nationwide tax subsidies under President Barack Obama's health care overhaul, in a ruling that preserves health insurance for millions of Americans. The justices said in a 6-3 ruling that the subsidies that 8.7 million people currently receive to make insurance affordable do not depend on where they live, under the 2010 health care law.  (AP Photo/Jacquelyn Martin)

Supporters of the Affordable Care Act hold up signs as the opinion for health care is reported outside of the Supreme Court in Washington, Thursday June 25, 2015. (AP Photo/Jacquelyn Martin)

MARK SHERMAN, Associated Press

WASHINGTON (AP) — The Supreme Court on Thursday upheld the nationwide tax subsidies underpinning President Barack Obama’s health care overhaul, rejecting a major challenge to the landmark law in a ruling that preserves health insurance for millions of Americans.

The justices said in a 6-3 ruling that the subsidies that 8.7 million people currently receive to make insurance affordable do not depend on where they live, as opponents contended.

The outcome was the second major victory for Obama in politically charged Supreme Court tests of his most significant domestic achievement. And it came the same day the court gave him an unexpected victory by preserving a key tool the administration uses to fight housing bias.

Chief Justice John Roberts again voted with his liberal colleagues in support of the health care law. Roberts also was the key vote to uphold it in 2012. Justice Anthony Kennedy, a dissenter in 2012, was part of the majority on Thursday.

“Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them,” Roberts declared in the majority opinion.

Limiting the subsidies only to individuals in states with their own exchanges could well push insurance markets in the other states “into a death spiral,” Roberts wrote.

Justice Antonin Scalia, in a dissent he summarized from the bench, strongly disagreed. “We should start calling this law SCOTUScare,” he said, using an acronym for the Supreme Court and suggesting his colleagues’ ownership by virtue of their twice stepping in to save the law from what he considered worthy challenges.

His comment drew a smile from Roberts, his seatmate and the object of Scala’s ire.

Scalia said that Roberts’ 2012 decision that upheld the law and his opinion on Thursday “will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites.”

Justices Samuel Alito and Clarence Thomas joined the dissent, as they did in 2012.

Nationally, 10.2 million people have signed up for health insurance under the Obama health overhaul. That includes the 8.7 million people who are receiving an average subsidy of $272 a month to help pay their insurance premiums.

Of those receiving subsidies, 6.4 million were at risk of losing that aid because they live in states that did not set up their own health insurance exchanges.

The health insurance industry breathed a big sigh of relief, and a national organization representing state regulators from both political parties said the court’s decision will mean stable markets for consumers.

“This decision allows (state officials) to move forward with a level of confidence that their markets will not see significant disruption due to a paradigm shift,” said Ben Nelson, CEO of the National Association of Insurance Commissioners and a former Democratic senator from Nebraska.

Shares of publicly traded hospital operators including HCA Holdings Inc. and Tenet Healthcare Corp. soared after the ruling relieved those companies of the prospect of having to deal with an influx of uninsured people. Investors had worried that many patients would drop their coverage if they no longer had tax credits to help pay.

Republicans said the ruling would not mean the end of the political fight over the law, widely dubbed “Obamacare.”

Sen. Lindsey Graham of South Carolina, a Republican presidential contender, said that for 2016 candidates for Congress or the White House health care will be the “most dominant issue in the country.”

And Senate Majority Leader Mitch McConnell said Democrats who support the law “now have a choice: crow about Obamacare’s latest wobble toward the edge, or work with us to address the ongoing negative impact of a 2,000-page law that continues to make life miserable for too many of the same people it purported to help.”

The challenge devised by die-hard opponents of the law relied on four words — “established by the state” — in the more than 900-page law.

The law’s opponents argued that the vast majority of people who now get help paying for their insurance premiums are ineligible for their federal tax credits. That is because roughly three dozen states opted against creating their own health insurance marketplaces, or exchanges, and instead rely on the federal healthcare.gov to help people find coverage if they don’t get insurance through their jobs or the government.

In the challengers’ view, the phrase “established by the state” demonstrated that subsidies were to be available only to people in states that set up their own exchanges.

The administration, congressional Democrats and 22 states responded that it would make no sense to construct the law the way its opponents suggested. The idea behind the law’s structure was to decrease the number of uninsured. The law prevents insurers from denying coverage because of “pre-existing” health conditions. It requires almost everyone to be insured and provides financial help to consumers who otherwise would spend too much of their paycheck on their premiums.

The point of the last piece, the subsidies, is to keep enough people in the pool of insured to avoid triggering a disastrous decline in enrollment, a growing proportion of less healthy people and premium increases by insurers.

Several portions of the law indicate that consumers can claim tax credits no matter where they live. No member of Congress said that subsidies would be limited, and several states said in a separate brief to the court that they had no inkling they had to set up their own exchange for their residents to get tax credits.

The 2012 case took place in the midst of Obama’s re-election campaign, when Obama touted the largest expansion of the social safety net since the advent of Medicare nearly a half-century earlier. But at the time, the benefits of the Affordable Care Act were mostly in the future. Many of its provisions had yet to take effect.

In 2015, the landscape has changed, although the partisan and ideological divisions remain for a law that passed Congress in 2010 with no Republican votes.

The case is King v. Burwell, 14-114.

___

Associated Press writers Ricardo Alonso-Zaldivar, Connie Cass and Jessica Gresko in Washington and Business Writer Tom Murphy in Indianapolis contributed to this report.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Community

Becerra Hosts Meet-and-Greet With Black Leaders in L.A.

Democratic gubernatorial candidate Xavier Becerra recently met with Black elected officials and community leaders in South Los Angeles to outline his platform for California’s future. Introduced by L.A. County Supervisor Holly Mitchell, Becerra detailed his priorities for expanding affordable housing, protecting healthcare access, and defending diversity and inclusion initiatives. The discussion addressed immediate challenges such as homelessness accountability, the impact of federal funding cuts, and the rising role of artificial intelligence in public life. Read more to learn how Becerra plans to address these issues.

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California gubernatorial candidate Xavier Becerra speaks with Black media journalists during a roundtable discussion in Los Angeles on Oct. 15, 2026. CBM photo by Maxim Elramsisy.

Democratic gubernatorial candidate Xavier Becerra outlined his priorities for housing, health care, education and civil rights during an Oct. 15 meeting with Black elected officials and community leaders in South Los Angeles.

Los Angeles County Supervisor Holly Mitchell introduced Becerra, citing his experience in the Legislature, Congress and federal government.

“We need people who have walked where we have walked and understand the communities that we all live in, come from, and represent,” Mitchell said.

Becerra pledged to defend diversity, equity and inclusion programs against federal opposition and criticized voter identification requirements as barriers to voting.

“If there’s a fight for that diversity, that strength, that inclusion, that equity, count me in, and let me use the governor’s office to make it clear,” he said.

Identifying housing and health care as immediate priorities, Becerra said more than 40,000 housing units are awaiting financing. He cited Proposition 1, a housing bond measure on November’s ballot, as a potential funding source.

“Prop 1 would give us the money to help start getting those moving,” he said. “And the more you build, the more you relieve the pressure, the demand for housing, which means you can probably see the price stabilize as well.”

On homelessness, he demanded measurable results from cities and counties receiving state funding.

“We will demand accountability when it comes to homelessness,” he said. “I’m not willing to let $1 from the state, from taxpayers, go to a city or a county unless they can show me how they’re going to use the dollar and what the results will be.”

He advocated temporary shelter, mental health and substance use treatment, and intervention before families lose their homes.

Becerra warned that federal Medicaid cuts could leave millions without coverage and threaten hospitals and clinics.

“If these families lose their insurance and still go in for care, now the doctors and the hospitals won’t get paid,” he said. “I want to make sure neither the patients nor the providers feel like Trump’s cuts are going to undermine our health care system.”

He said he is consulting providers and insurers but offered no financing plan.

Addressing surveillance and artificial intelligence, Becerra urged safeguards against discriminatory tracking and dangerous technology, including possible government authority to shut down unsafe AI systems.

“Once you give up your privacy, you can’t get it back,” he said.

He also criticized federal immigration enforcement and advocated comprehensive immigration reform, citing uncertainty for families and employers dependent on immigrant labor.

On education, Becerra supported expanded early childhood learning, tutoring, stronger academic standards and experienced teachers in underperforming schools. He opposed directing public education funding toward for-profit private schools.

“Keep your taxpayer dollars in our public community schools,” he said. “Don’t let those tax dollars go to for-profit private schools first, because it’s already tough enough as it is.”

He said schools must address learning gaps early rather than advancing students without grade-level skills.

“Too many of our kids are starting even kindergarten, and they’re not ready to learn,” he said. “And is it surprising that by the third grade they’re not reading or doing math at grade level?”

He also urged districts to assign skilled teachers to schools with the greatest needs, working with unions to address compensation.

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Black History

Oakland Honors 60 Years of the Black Panther Party at the All Power to the People Gala

Oakland recently gathered at the Scottish Rite Center for the All Power to the People gala, celebrating the 60th anniversary of the Black Panther Party. Presented by the Dr. Huey P. Newton Foundation, the event brought together movement veterans, community leaders, and elected officials to honor the organization’s history of radical love and community service. Attendees enjoyed performances by youth arts groups and heard testimonials regarding the Party’s enduring influence on local housing and healthcare. The evening featured a keynote address exploring the moral clarity required for activism, click to read more.

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A portion of Broadway from 14th to 17th street was renamed Black Panther Party Boulevard as part of the 60th anniversary of the party’s founding, which was Oct. 15, 1966. Present were (from left) Fredrika Newton, former U.S. Rep. Bobby Rush (the only BPP member elected to Congress); Oakland Mayor Barbara Lee, and District 3 City Councilmember Carroll Fife. Newton, widow of BPP co-founder Huey P. Newton, co-founded the foundation that bears his name as well as the Black Panther Party Museum that is now on BPP Boulevard. Earlier this year, a street was named for BPP co-founder Bobby Seale at 57th and Martin Luther King Jr. Way. Courtesy photo.

Oakland gathered on Oct. 17 to celebrate the 60th anniversary of the Black Panther Party (BPP), the movement Huey P. Newton and Bobby Seale founded in the city six decades ago.

The “All Power to the People” evening gala, at Oakland’s Scottish Rite Center, brought together Panther veterans, families, community leaders, and younger generations for a night of history, music, and recommitment.

The festivities, presented by the Dr. Huey P. Newton Foundation, began with a black carpet entrance up the staircase to the center. Each side was lined with servers holding trays of champagne for guests to retrieve while walking in.

An energetic U.S. Congresswoman Lateefah Simon opened the program as emcee. Charlotte Hill O’Neal offered libations, and 16-year-old Abayomi Lewis, a Haitian American high school junior from San Francisco, performed BBP’s anthem, “The Meeting.” Young Gifted & Black, a performing arts program that has served Bay Area youth since 2010, followed with an inspirational performance of stepping and speaking truth to power. 

During dinner service by Chef Michele McQueen, Oakland Mayor Barbara Lee shared how instrumental the Black Panther Party was to her as a young single parent of two boys. “The Party provided food and lots of support and Fredrika Newton’s mother, a prominent real estate broker and housing rights activist, helped me navigate purchasing my very first home.”

Lee also shared lots of Panther history, including that she was the finance chair for Black Panther Party co-founder, Bobby Seale when he ran for Oakland mayor.

Dr. Xavier Buck, executive director of the Dr. Huey P. Newton Foundation, spoke of how being held at gunpoint by six New York City police officers in Jamaica Queens, reading the autobiography of Assata Shakur, and learning from Fredrika Newton inspired his life’s work.

“I’ve been poured into by Black Panther Party members throughout the country and what I’ve learned the most from them is “radical love.” The same love that created free breakfast programs, free ambulance services, and free sickle cell anemia testing for the Black community.”

Marvel’s Black Panther author and journalist Ta-Nehisi Coates delivered the keynote address.

“The legacy of the Black Panther Party lives on,” said Coates noting the presence of BPP veterans. He further remarked that people often focus narrowly on how to win, but real moral clarity comes from reflecting on what principles you are willing to stand for—and what you are willing to lose for—even in the face of steep odds.

Fredrika Newton, co-founder and president of the Dr. Huey P. Newton Foundation, thanked Panther veterans for “all you gave” and expressed hope that attendees would leave with a renewed commitment to the work that remains. 

“Seeing Panther veterans, younger generations, and the community united to honor the Party, reminds me why this work has mattered so much,” said Newton.

Everyone in the room joined in song in tribute to Bobby Seale, wishing the 90-year-old well and took pictures with him. 

Cyril Innis Jr., known as “Bullwhip,” addressed the issue of political prisoners and fighting for their freedom. The program booklet listed the dozens of imprisoned Panther members who passed away and honored the sacrifices of those still incarcerated. 

A Legacy Award, was presented to Charlotte Hill O’Neal, known affectionately as “Mama C.” 

“Mama C” has continued the Party’s work from Tanzania, where she and her husband, Pete O’Neal, founder of the Kansas City chapter, have lived in exile since 1970. Together they established the United African Alliance Community Center and the Leaders of Tomorrow Children’s Home which cares for orphans. 

“Mama C” ceremoniously circled each table honoring the ancestors of the movement and encouraged guests to call out the names of loved ones who had passed away. 

Marc Philpart of the Black Freedom Fund supported the anniversary and pledged to keep investing in the people and organizations carrying the work forward.

Trust for Public Land also marked the occasion, recalling its collaboration with the Panthers and Oakland residents who turned vacant lots into neighborhood gardens in the 1970s. 

The Dr. Huey P. Newton Foundation opened the Black Panther Party Museum in January 2024, and the museum has since held multiple exhibitions and welcomes more than 30,000 visitors a year on the newly named Black Panther Party Boulevard in downtown Oakland. For more information, go to HueyPNewtonFoundation.org

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Business

Fate of Bay Area Public Transit Hinges on Regional Transit Measure

Voters in five Bay Area counties will decide the fate of a regional sales tax measure on Nov. 3 that could determine the future of local public transportation. If approved, the Regional Transit Measure would implement new sales taxes in Alameda, Contra Costa, San Mateo, Santa Clara, and San Francisco counties starting in 2027. The funding aims to address massive financial deficits facing agencies like BART and Muni, providing nearly $1 billion annually to prevent station closures and service cuts. Read more.

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iStock.

On Nov. 3, voters in five Bay Area counties will vote on a regional sales tax measure that, if it fails, could prompt local transit agencies to close train stations and cut bus service.

If passed, the Regional Transit Measure, or RTM, will impose a half-cent sales tax in Alameda, Contra Costa, San Mateo, and Santa Clara counties as well as a one-cent sales tax in San Francisco starting April 2027.

The tax would raise an estimated $980 million annually for 14 years to fund the region’s public transit agencies, which are struggling with massive financial deficits. Revenue would go to BART, Muni, Caltrain, Alameda-Contra Costa Transit, the Santa Clara Valley Transportation Authority, the San Francisco Bay Ferry, Golden Gate Transit, and other transportation agencies operating in the five counties.

In California, a regional measure for a new sales tax would normally require a two-thirds majority approval if the state Legislature directly places it on a ballot. Transit advocates, however, chose to collect signatures to make the sales tax a citizen-initiated ballot measure that would lower the threshold to a simple majority of votes cast across the five counties.

The RTM received more than 241,000 signatures, exceeding the 186,000-signature threshold required to qualify for the ballot.

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