DOJ files brief in support of health care reform law

[JURIST] The US Department of Justice (DOJ) [official website] on Friday filed a brief [text, PDF] with the US Court of Appeals for the Eleventh Circuit [official website], arguing that the health care reform law [HR 3590; JURIST news archive] is constitutional. In January, a judge for the US District Court for the Northern District of Florida struck down the law [JURIST report] as a violation of the Commerce Clause [Cornell LII backgrounder] of the US Constitution. In its brief, the DOJ argued that the interstate health market can be regulated by Congress because it is fundamentally different from other markets due to the pervasive government involvement in health care spending. It also argued that the minimum coverage provision, which is the focus of the litigation, is constitutional because it regulates only economic activity, disputing the lower court's finding that failure to purchase health insurance could not be regulated as interstate commerce. Citing to the US Supreme Court case of Gonzales v. Raich [JURIST report], the brief argued that there only needed to be a rational basis [Cornell LII backgrounder] for Congress to believe that the regulated conduct substantially affects interstate commerce, which was met here.

Congress's findings and the legislative record leave no doubt that the minimum coverage provision—which regulates the way people pay for services in the interstate health care market—is a valid exercise of the commerce power under the standards established by the Supreme Court. It regulates activity that is commercial and economic in nature, and that substantially affects interstate commerce. First, Congress found that people who consume health care without insurance shift billions of dollars of costs annually to other participants in the interstate health care market. Second, Congress found that the minimum coverage provision is key to the viability of the Act's regulation of medical underwriting, which guarantees that everyone will be insurable regardless of illnesses or accidents.

The DOJ also argued that the law was constitutional as an exercise of Congress's taxing power, and that plaintiffs did not have standing to bring the suit in the first place. The Eleventh Circuit denied the petition for initial hearing en banc [JURIST report] in the appeal. The order confirmed that the appeal will nonetheless be expedited. Oral arguments are currently scheduled for June 8 before a randomly-selected three-judge panel. The identities of the panel members will not be disclosed until at least 14 days before the arguments. Last month, the Obama administration filed a brief with the court contesting the plaintiff states' request [JURIST report] to have the appeal heard by an en banc court. Last month, Virginia Attorney General Kenneth Cuccinelli filed a petition for a writ of certiorari [JURIST report] with the US Supreme Court asking the court to rule on the constitutionality of the law on an expedited basis, before the US Court of Appeals for the Fourth Circuit rules on the issue, but the Obama administration opposes the petition [JURIST report]. In January, a judge for the US District Court for the Western District of Virginia dismissed a lawsuit [JURIST report] challenging a provision of the health care reform law. In October, a federal judge in Michigan ruled that the law is constitutional [JURIST report] under the Commerce Clause as it addresses the economic effects of health care decisions, and that it does not represent an unconstitutional direct ta

Health Care’s Strain on Environment Could Be Less

A new study suggests health IT systems can help reduce negative impacts on the environment. Photo: Wikimedia Commons, Norbert Kaiser

A Kaiser Permanente study into the use of health information technology concludes that electronic health records could lower carbon dioxide emissions by as much as 1.7 million tons if used across the whole U.S. population.
Health care-related activities contribute as much as 8 percent of the total U.S. greenhouse gas emissions, but the study suggests this can be curtailed with greater adoption of technology within the healthcare system.
READ: Health Care Reform’s Eco Impact
The study also went in depth on Kaiser Permanente’s existing health IT systems. It found that the health insurance company saved 1,044 tons of paper for medical charts; reduced toxic chemicals by 33.3 tons from X-ray machines by digitizing and archiving scans; and saved up to 92,000 tons of CO2 emissions by replacing face-to-face patient visits with virtual ones.
In 2004, President Bush signed an executive order to establish this kind of technology in hospitals, not only for the environmental benefits, but also for the improved efficiency and economic value. A RAND Health study found that widespread adoption of health information technology could save the U.S. healthcare system $81 billion annually.
But until recently, adoption numbers have been low.
Last year, the top five medical groups, including Kaiser Permanente, banded together to create a patient information exchange consisting entirely of electronic health records.
Obama administration incentives, up to $44,000 per physician, may have helped spur the endeavor, but health information technology has a long way to go before all of the potential benefits are see

Canucks Vs. Predators, Game 4: Ryan Kesler Becomes The Hero In Vancouver's 4-2 Victory

Ryan Kesler hadn't scored in the playoffs before heading to Nashville. The land of honky-tonk bars and neon dreams has served Kesler well as he has three goals in two games including two game winning goals for the Canucks. His second game winning goal in two nights have given the Canucks a 4-2 victory in Game 4 and a 3-1 series lead over the Predators.
Nashville's Cody Franson scored his first career playoff goal early in the third on a puck that couldn't even be seen by the television cameras. David Legwand set the play up behind the net and found Cody Franson at the blue line. Franson wound up and shot the puck which went in the net, but was lost by Vancouver goaltender Roberto Luongo and all of the television cameras in the building.
Vancouver regained the lead off of a Ryan Kesler goal at the 7:28 mark of the third period on a Ryan Kesler goal. Kesler entered the zone on the powerplay and powered his way past two Nashville defensemen and found a open spot to beat Pekka Rinne. It is Kesler's second game winning goal, his first of the playoffs coming on the powerplay in Game 3. The Canucks sealed the deal with an empty net goal late in the third period.
The Canucks offense outshot the Predators 28-21 in the game and winning goaltender Roberto Luongo made 19 saves in the win. In the loss, Pekka Rinne made 25 saves.

Herman Cain Wins 1st GOP Primary Debate

Thursday night, the Fox News Channel held the first, nationally televised debate of Republican presidential candidates. According to many observers, as well as a focus group moderated by Frank Luntz, Herman Cain walked away as the big winner of the night. Ron Paul had a loud cheering section in the studio audience in Greenville, South Carolina. Also in attendance were Tim Pawlenty, Rick Santorum and Gary Johnson. The big loser of the night was Mitt Romney, who decided not to participate. Many TV pundits, as well as those in the Luntz focus group, believe that Romney erred in not attending.

Herman Cain was the Man of the Hour last night at the first GOP presidential primary debate for 2012. Image Credit: Carrie Devorah / WENN.com.

Herman Cain is a businessman and talk radio host from Atlanta, Georgia. The former executive of Burger King and CEO of the Godfather Pizza chain gave sharp, crisp answers without the usual political rhetoric. The Luntz focus group consisted of 29 South Carolina Republicans, all of whom intend to vote in next year′s primary. At the beginning of the night, only one member of the group supported Cain. But by the end of the debate. More than half now consider him a serious candidate and are interested in him. About six people who claimed to by Romney supporters said they are now switching to Herman Cain.
Cain, a favorite guest speaker at Tea Party rallies, might now become the ′dark horse′ whom emerges from the seemingly lack-luster field of GOP contenders. Both Newt Gingrich and Donald Trump also passed on attending the Fox News debate as both have yet to officially declare. Tim Pawlenty, who did attend and had been considered a front-runner, came off as weak when answering some questions about his past positions, particularly on carbon cap and trade. Rick Santorum continued to focus his attention on Religious-Right social issues while Ron Paul and Gary Johnson tried to prove which of them was more Libertarian.
So this left the barn door open for Herman Cain to steal the show with his common sense, business-like approach to the nation′s problems. When asked about something he didn’t know, such as a question on the use of the military, Cain gave a sensible answer free of speculation or hyperbole. I, myself, was leaning towards him last night up until he said he supported the Fair Tax. While I agree that we need drastic reform of our tax code, the Fair Tax is not the right path to choose. A Flat Tax would be much better. All of the candidates last night believe that Barack Obama is vulnerable with oil and gas prices so high and such awful job numbers this week, returning the unemployment rate to 9%.

Obama To Honor Troops, Thank Osama Bin Laden Raid Participants

WASHINGTON -- President Barack Obama's carefully calibrated response to the killing of Osama bin Laden is shifting from remembrance to appreciation.
One day after laying a wreath at the site of the World Trade Center in New York City, the president was to go to Fort Campbell, Ky., to thank participants in the daring raid on bin Laden's compound in Pakistan five days ago.
Obama, however, is seeking to convey a return to the business of governing. He was also to stop in Indianapolis on Friday to promote his energy policies and showcase a transmission plant that produces systems for hybrid vehicles.
White House officials say that at Fort Campbell Obama will express his gratitude to the raid participants privately. But the president, joined by Vice President Joe Biden, also will address soldiers who have returned recently from Afghanistan, a public forum where the military triumph will be hard to mask.
Obama so far has tried to avoid rejoicing publicly over bin Laden's death. But he has maintained a steady stream of events and activities that have kept the success of the remarkable commando operation at the forefront. On Thursday he visited New York fire and police stations that responded to the Sept. 11, 2001, attack that was carried out by bin Laden's al-Qaida operatives, and he met privately with victims' families. He also has given an interview about the operation to CBS that will air Sunday on "60 Minutes."
In New York, Obama did not mention bin Laden by name. He didn't have to.
"When we say we will never forget, we mean what we say," Obama told firefighters.
At the same time, the White House is wary of overplaying its hand. Obama has decided not to release photographs of bin Laden's corpse, saying, "We don't need to spike the football."
As a result, the president also has hewed to his regular schedule, participating in policy sessions and routine ceremonial events. The trip to Indianapolis originally had been scheduled for last month, but Obama canceled it as he negotiated an eleventh-hour deal with Congress to avoid a government shutdown.

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Without bin Laden's death to overshadow it, the Indianapolis trip would have policy and political consequences. Obama has been promoting his energy policies as a long-term answer to rising oil prices and U.S. dependence on foreign oil. The skyrocketing cost of gasoline had caused Obama's public approval numbers to dip until bin Laden's death shoved them back up. What's more, Indiana is a battleground state that Obama won narrowly in 2008 by less than 30,000 votes. The state's governor, Mitch Daniels, is contemplating a presidential run and would be considered a top contender for the Republican nomination.
Transportation Secretary Ray LaHood previewed the Indianapolis trip Thursday, promoting Obama administration policies that foster the manufacture of hybrid vehicles. Obama will tour the headquarters of Allison Transmission, which develops transmissions for hybrid propulsion systems.
LaHood said the administration this fall will announce long-awaited new mileage standards for the 2017-2025 model year vehicles. Under rules adopted last year, the average mileage of the new vehicle fleet will rise to 35.5 mpg by 2016, an increase of more than 40 percent over current standards.
Still, the centerpiece of the day for the president will be the stop at Fort Campbell.
The fort is home to the 101st Airborne Division and many of its combat teams have returned recently from tours of duty in Afghanistan. But its main draw for Obama is the 160th Special Operations Aviation Regiment, the highly specialized Army unit that carried Navy SEALs to bin Laden's compound in Abbottabad, Pakistan.
The unit, known as Night Stalkers, has fought in nearly every U.S. conflict, from Grenada to Afghanistan, and they were memorialized in the mission that resulted in the book and movie "Black Hawk Down." Many of its missions are classified and among its primary duties are flying special forces commandos behind enemy lines using night-vision technology and low-flying techniques.
They are equipped with Black Hawk, Chinook and MH-6 Little Bird helicopters. Aviation experts said a helicopter used in the bin Laden raid appeared to be a stealthier, top secret and never-before-seen version of a routinely used special ops helicopter. The helicopter made a hard landing and was destroyed by the military team at the site, leaving behind wreckage for experts to analyze.
White House officials would not offer details on the meeting between the president and the participants of the raiding party.
"The successful mission against Osama bin Laden is a monumental achievement," White House spokesman Jay Carney said. "But the fact remains that we're still at war, that we have 100,000 combat personnel in Afghanistan, we have troops in a support-and-assist role in Iraq, and we have U.S. military men and women in other places around the globe and, in some cases, in difficult situations."
"So it's important to acknowledge that and for Americans to remember that despite the elimination of bin Laden, we're still extremely dependent upon and grateful to our military men and women for what they do."

Royal in a thriller

In a match that swung vigorously from side to side , Royal pulled off a hard fought 11 points (1 try and 2 penalties) to 10 (2 tries) win over Isipathana to regain the Major Milroy Fernando Memorial Trophy at the Royal Sports Complex grounds yesterday.

Royal captain and Number 8 Shehan Pathirana tries to break off from a tackle by a Isipathana player. An incident in the Royal-Isipathana school rugby encounter which Royal won 11-10 to regain the Milroy Fernando Trophy at the Royal Sports Complex grounds yesterday. Pic: Kavindra Perera

Royal almost handed over the game on a platter to their opponents when in the second half while working their three quarter line a Royal player dropped the ball and a Isipathana player booted the loose ball into the Royal territory and Mekalanka Pramod fell over a to score a unconverted try.
With the score reading 11-10 in favour of Royal , Isipathana had their last chance to push for a win but the last minute penalty was missed by Prashan Attanayake.
Isipathana ran the ball and made full use of possession at every opportunity and at times poor ball handling at crucial moments deprived them from scoring.
Royal played with their forwards, but could not make much headway due to some effective tackling by Isipathana. During the major part of the first half Royal defence looked fragile but Isipathana could not really capitalise on it.
Isipathana missed their first scoring opportunity when skipper Prasad Devinda missed a relatively easy thirty five meter penalty. Then Mekalanka Pramod covered good ground to touch down claiming a try, but referee Pradeep Fernando disallowed it due to knocking on.
Arshad Jamaldeen missed an easy 25 meter penalty for Royal and both teams were trying hard to break the dead lock.
Finally Isipathana managed to draw first blood through their winger Mekalanka Pramod who touched down for an unconverted try and Isipathana led 5-0. Isipathana should have added another three points to their tally not for skipper Prasad Devinda failing to put over a penalty. Arshad Jamaldeen reduced the deficit 3-5 by firing over a penalty.
Isipathana led 5-3 at the breather.
On resumption Jamaldeen put over another penalty for Royal to take the lead 6-5.
Royal playing with better cohesion scored their first try when Arshad Jamaldeen's cross kick was followed by the winger and skipper Shehan Pathirana who gave the finishing touches falling over. Jamaldeen missed a difficult conversion.
During the mid second half Royal made a costly mistake when their three quarters dropped the ball near their goal line and a Isipathana player Mekalanka Pramod booted the ball and fell over.
Play was held up in semi darkness due to a section of the crowd throwing objects at the side referee soon after a Isipathana player was sent off the field.
When play resumed Isipathana was awarded a penalty and their last chance of winning faded away when Attanayake fluffed with the kick.

BP to Pay $25 Million as Penalty for Alaskan Oil Pipeline Spill in 2006

On May 3, BP Exploration Alaska, Inc. made an agreement to pay $25 million as a penalty to Alaska.  This penalty came to BP as a result of spilling more than 5,000 barrels of crude oil from its pipelines on Alaska’s North Slope in 2006. About $20 million of the fee that BP is required to pay will go to Oil Spill Liability Trust Fund, and the remaining amount will be put into the US Treasury.
The cause of the spill was corrosion of BP’s pipeline.  The Alaskan government filed suit against BP in Anchorage federal court in March 2009 for inadequate maintenance.
Representation for BP was given by Randal Buckendorf, chief counsel, as well as outside counsel Carol Dinkins, who is from Vinsen & Elkins Houston office.
According to Ignacia Moreno, assistant attorney general for the Justice Department’s Environment and Natural Resources Division, “This penalty should serve as a wake-up call to all pipeline operators that they will be held accountable for the safety of their operations…”
It has already cost BP $200 million to replace the leaky pipelines, and according to the settlement yesterday, it is now required to develop a program that is system-wide to manage the integrity of its 1,600 miles of pipeline on the North Slope of Alaska, which will cost about $60 million more.
Since the spill in 2006, BP also paid a criminal fine of $20 million after pleading guilty in 2007 to a misdemeanor violation of the Clean Water Act.