The following is a guest post by Erik Lampmann, a 2011 Young People For (YP4) Fellow. It is cross-posted on the Alliance for Justice blog and the YP4 blog.
Federal courts routinely hand down judgments that affect everyday Americans at an immediate, painful, and personal level – for good or ill.
Consider the case of Seamus Johnston, a transgender student expelled by the University of Pittsburgh at Johnstown (UPJ) for his use of male restrooms and gym facilities on campus. When he sought redress for his experiences at the hands of UPJ, U.S. District Judge Kim Gibson, a George W. Bush appointee, ruled he had no room to claim discrimination since he was being treated in accordance with his sex as assigned at birth and had not had sex reassignment surgery.
In some ways, Johnson was warranted in thinking he was free to live openly as a transgender man since UPJ offers gender identity and expression protections under its student nondiscrimination statement. Indeed, Johnson had lived openly and without significant difficulty as a man since 2009 — even having taken advantage of men-only exercise courses. Only in 2011 was Johnson first confronted for using a men’s locker room. After issuing Johnson citations, barring him from certain facilities, and eventually arresting him, the university expelled him for his attempt to use the bathroom in which he felt most at peace and which he believed he was permitted to use by university policy. In his appeal for justice, Johnson didn’t ask for much — simply that a university that purports to protect students based on “gender identity and expression” allow him a modicum of relief as a transgender person rather than criminalizing his attempts to live authentically.
Essentially, Judge Gibson acknowledged Johnson’s self-identification as a transgender man, but she didn’t think it really mattered in the context of the Equal Protection Clause or Title IX. Flatly ignoring guidance from the Department of Education encouraging institutions of higher education to recognize transgender and gender non-conforming students’ right to protections under Title IX, Judge Gibson left Johnston, and other transgender students, without protection from sex discrimination. She wrote:
While Plaintiff might identify his gender as male, his birth sex is female … It is this fact … that is fatal to Plaintiff’s sex discrimination claim. Regardless of how gender and gender identity are defined, the law recognizes certain distinctions between male and female on the basis of birth sex. Thus, even though Plaintiff is a transgender male, his sex is female.
In sum, this decision reflects a sobering reality for LGBTQ people, particularly transgender and gender non-conforming individuals: The government — more specifically, a judge — holds the power to determine if the law protects how you define yourself.
This example dramatizes just one way that our courts fail to live up to the promise of the motto “equal justice under law” by protecting the vulnerable among us from exclusion and discrimination. I’ll admit that several years ago the result in this case might have led me to give up on the courts as an avenue for change.
Recent decisions from the Supreme Court and other federal courts have prompted some progressives to view the courts as a once-relevant institution home only to disconnected jurists. When we as progressives write off the courts and treat them as spaces where our communities were never meant to triumph, we concede the power to speak from our lived experience as those affected by the law and to shift the balance of power within the judiciary.
In reality, the legal knowledge of our communities paired with our deeply personal understanding of how the courts’ decisions impact real people gives us a tremendous power to affect the composition of the courts and to create legal precedents that respect rather than ignore our communities’ needs.
Seamus Johnston’s experiences with the justice system are then instructive for progressives building long-term judicial strategies. His loss in the Western District of Pennsylvania is but one battle in a much longer struggle for social justice.
The courts have to matter for LGBTQ Americans and so many others who find themselves on the losing end of cases like Johnston’s. They have to matter because we cannot afford to write off institutions, elected officials, or organizations as permanent friends or enemies. Rather, if we truly believe another world is possible, we have to build it brick by brick, precedent by precedent, judge by judge.
People For the American Way Foundation's latest report explores the extreme pro-corporate jurisprudence of the Supreme Court in recent years, identifying parallels to the Court’s infamous Lochner era a century ago.
“The Supreme Court in the Citizens United Era” by PFAW Foundation Senior Fellow Jamie Raskin explores how the Roberts Court’s right-wing majority has established a precedent for privileging corporations over individuals, allowing corporations to enjoy the rights of the people while reducing the rights that people have against corporations.
“Corporations increasingly enjoy all the rights of the people, but the people increasingly have no rights against corporations. Indeed, as we shall see, the conservative majority on the Roberts Court not only interprets federal law in dubious ways to defeat corporate liability but often works its special wonders to preempt state laws that would hold corporations accountable for civil injuries they cause against patients and consumers.”
The report covers cases ranging from Hobby Lobby, which granted corporations religious rights to opt-out of requirements on women’s health, to Sorrell v. IMS Health, which struck down Vermont’s prescription confidentiality law, to Janus Capital Group, Inc. v. First Derivative Traders, which allowed interlocking corporations to hide assets from individuals defrauded by investment advisors.
The following is a guest post by Zachary Koop, a 2014 Young People For Fellow.
This past Monday, the US Supreme Court made a troubling decision: it rejected an appeal to overturn Wisconsin’s voter ID law, considered one of the strictest in the nation. In so doing, the justices paved the way for other states to prohibit eligible voters from casting ballots.
As a young, progressive Wisconsin student, my peers and I share the sentiment that our voices are being attacked by Wisconsin’s recent voter ID law. Indeed, this policy disproportionately impacts young voters, especially youth of color. Among voters between the ages of 18-29, 17.3 percent of black youth and 8.1 percent of Latino youth were unable to vote because of inadequate identification, compared to 4.7 percent of white youth.
Governor Walker claims that subjugation of Wisconsinites is not the intent, but it is unquestionably the impact. This policy threatened to prevent 300,000 Wisconsinites from voting. Inclusion should be an American ideal, but that is clearly not the case today.
This attack on the voting rights is just one example of how the Right is further disenfranchising historically marginalized communities across this country. But despite their intent, these moves are also mobilizing millennials to demand that our democracy include us. While complex legal and legislative processes often make us feel frustrated and powerless, we understand we need to claim our place at the voting booth. As the largest, most diverse and most progressive demographic in history, we have the power to alter the policy and political landscapes in substantial ways – and we’re already doing it.
Millennials are advancing change across the country. I found my own place in the progressive movement thanks to programs like People For the American Way Foundation’s Young People For (YP4) Fellowship. Through YP4’s Vote and Courts Matter programs, I learned how to organize my peers, mobilize voters, and came to understand just how important the courts are to advancing (or dismantling) progressive policies.
Because of YP4’s support, this past fall at UW-La Crosse I passed policies through my campus’ student government that enfranchised students during the 2014 midterm elections. By requiring the administration to issue free student IDs compliant with the voter ID law to all students who requested one, running voter registration drives, and more, we helped ensure that 10,000 students could cast ballots during the election cycle. We are now creating a campus voter registration system that is easily accessible to all students and plan to share our tactics with surrounding state universities to make voting more inclusive and widespread amongst students.
Nothing is more voice-squelching than voter ID laws, an economically inefficient policy that marginalizes youth and other minorities. The Supreme Court’s decision is a call to action for Wisconsin millennials to realize that justice does not advocate for itself and that we must incorporate courts activism in our fight for civil rights.
Yesterday, PFAW Foundation Senior Fellow Jamie Raskin previewed his upcoming report, The Supreme Court in the Citizens United Era, during a member telebriefing. Executive Vice President Marge Baker and Senior Legislative Counsel Paul Gordon also joined the call to answer questions from members and discuss PFAW efforts to promote fair and just courts. Drew Courtney, Director of Communications for PFAW, moderated.
To kick off the call, Raskin reviewed another period during which the Court granted unprecedented constitutional rights to corporations. Lochner v. NY, Raskin explained, began an era in which government at every level was prevented from interfering with corporate contracts—and thereby prevented from passing sensible health and safety regulations.
Today, said Raskin, we’re in an analogous period, with the Supreme Court now using the First Amendment as an excuse for expanding or inventing the political and religious rights of corporations. This time, it’s beyond what we’ve ever seen before; the Citizens United and the Hobby Lobby cases both demonstrate how the Court is putting the interests of corporations over the rights of people and making it more difficult to hold corporations accountable for their actions. Other cases allow corporations to insulate themselves through a host of legal immunities while at the same time, they’re able to spend unlimited amounts of money influencing who gets elected to office.
In responding to a question from a PFAW member, Baker outlined the two key ways to fight the Court’s trend of empowering corporations over people: Elect Presidents who will nominate, and Senators who will confirm, Justices who share the ideology that corporations shouldn’t be favored in their legal rights over people; and amend the Constitution, which PFAW and other groups are working on now. She also directed PFAW members to www.united4thepeople.org and www.getmoneyoutaction.org to get more involved in these issues.
You can listen to the full telebriefing here:
This op-ed by Andrew Gillum, Director of Youth Leadership Programs, People For the American Way Foundation, was originally published at The Huffington Post.
In the quick unraveling of Rep. Aaron Schock's political career, some have questioned if Millennials are ready for Congress, but it’s wrong to conclude that Schock’s youth was the reason for his mistakes. And it’s even worse to write off young people as unfit for public office.
To the contrary, electing Millennials to public office has the potential to be tremendously beneficial to our country. As Tina Nguyen at Mediaite puts it “Hell, there needs to be more Millennials in Congress, but ones that demonstrate other millennial virtues — tech-savvy, ambitious, and striving to be self-sufficient.” I couldn’t agree more.
And while it’s easy to celebrate the potential that young people could bring to the business of governing, no one should think that it is only future “potential” that young people have. A quick look at communities around the country demonstrates the striking impact that young people in public office are already having. I know, because I see it up close every day. As Mayor of Tallahassee and as Director of Youth Leadership Programs for People For the American Way Foundation, I’ve collaborated with young elected officials who work diligently and effectively for their constituents and communities, while progress by their – literally – senior counterparts in Washington stalls. (This Congress has one of the oldest median ages on the books, so anyone who thinks that longer life experience is all it takes to be an effective legislator hasn’t been reading the news.)
While Congress’s inability to govern has been on display time and time again, I’m constantly amazed at the ability of young people at the state and local level to actually get things done. We don’t expect to see an increased federal minimum wage anytime soon, but young electeds have sponsored both living wage ordinances and minimum wage legislation across the country. One of our members, Rep. Matt Lesser, co-sponsored and successfully advocated for the historic minimum wage increase in Connecticut. A cohort of young electeds pushed for a minimum wage increase in Wisconsin tied to inflation.
Young legislators in Colorado have tackled what seem to be losing battles in Congress: universal pre-K and Head Start funding. Rep. Crisanta Duran sponsored a bill to provide affordable child care for low-income families, and Rep. Dominick Moreno helped create the “Breakfast After the Bell” legislation that now gives more than 80,000 kids free breakfast in Colorado, a state where one in five children experience hunger.
And across the country, young people in public office bring innovative solutions to the problems their communities face. Nebraska State Senator Amanda McGill has worked on initiating telehealth services in schools. Cambridge Councilman Leland Cheung created incentives for start-ups in mixed use zoning areas. Councilwoman Natalia Rudiak in Pittsburgh has championed open data and transparent government.
Everywhere I go, I meet people of every age eager to tell me about some extraordinary young elected official they know, as if that experience is unique to their community. It’s up to me to tell them that dedicated, effective young people in government aren’t the exception in communities across the country -- they’re the rule.
In all 50 states, young people are offering new perspectives and outside-the-box solutions. In a country that’s seemingly more divided than ever, we need more young people lending their voice and stepping up for public service. Don’t look to Aaron Schock as the face of young politicians – look in your own backyard.
On Friday PFAW Foundation joined the Anti-Defamation League and an expansive coalition of religious and civil rights organizations in submitting an amicus brief urging the Supreme Court to rule state-level marriage bans unconstitutional in the four marriage cases before them this term. One specific religious conception of marriage, the signers argue, should not define our nation’s laws on it.
The brief outlines instances in our country’s history in which discriminatory laws have been justified on the grounds of “religious and moral disapproval,” from laws supporting slavery to segregation to discrimination against women. But, the signers note, the Supreme Court has rejected these types of arguments over and over – and should again with regard to the marriage bans.
The brief also takes apart the “religious liberty” arguments of those opposing marriage equality, noting that overturning the bans will not threaten freedom of religion since religious groups will still be able to define what marriage means in their tradition:
[C]ontrary to the arguments of some who defend the marriage bans, invalidating the bans will not jeopardize religious liberty. As an initial matter, the cases before this Court concern whether same-sex couples are entitled to the benefits of civil marriage. Religious groups will remain free, as they always have been, to choose how to define religious marriage and which marriages to solemnize…. Religious liberty should serve as a shield, not as a sword to discriminate against members of a disadvantaged minority group.
This amicus brief was one of a stunning array of briefs filed in the Supreme Court last week in favor of marriage equality, including briefs signed by more than 2,000 clergy; 200 police officers, EMTs, and firefighters; 400 companies, including forty of the nation’s largest corporations; more than 200 mayors; and more than 300 conservative leaders.
This op-ed was originally published at The Huffington Post.
Fifty years ago in Alabama hundreds of peaceful marchers calling for voting rights were violently attacked by state police. Fifty years later Americans from all walks of life are expected to gather this weekend to mark the anniversary of what became known as Bloody Sunday and embrace the spirit for courage, sacrifice and justice of those women and men who marched, were beaten and no doubt underestimated the impact that their bruises would have on future generations.
The events of that day and the tense days and weeks that followed shocked our national consciousness and became a catalyst for passage of what some call the "crown jewel" of the civil rights movement, the 1965 Voting Rights Act. It's a law that held bipartisan support and helped protect countless Americans from discrimination at the ballot box for almost five decades.
Every year since that bloody day we have honored those 600-plus marchers who put their lives on the line in pursuit of basic democratic rights and racial justice. But this year, with a passion as never before, we must do more than just give lip service. This time marchers of today must clearly connect with the purpose in the pain that started in prayer on a Sunday morning and ended on the Edmund Pettus Bridge in Selma, Alabama, with blood and tears in the afternoon. Why? Because as John Legend so eloquently put it last week, "Selma is now."
The shadow of Bloody Sunday is there, nearly two years after a core provision of the Voting Rights Act was gutted by the Supreme Court in the Shelby County case, as we practice patience for Congress to restore and strengthen what was taken away. When our leaders say that they honor those who refused to turn around, will they also commit to restoring the kinds of voting protections that they were marching for?
Today, 40 bills to restrict voting rights have been introduced in states across the country, from voter ID legislation to proposals reducing access to absentee ballots to bills that would make it more difficult for those with past criminal convictions to vote. When our leaders say they honor those who were beaten and bruised with billy clubs 50 years ago, will they also commit to voting against proposed laws that would make it harder for all people to have an equal voice in our democracy? Will they commit to confirming the highly qualified Loretta Lynch, a woman with a strong commitment to civil rights, to lead -- as the first female African American -- the Justice Department in effectively monitoring and enforcing the voting rights laws we already have and those yet to come?
Today, African Americans and Latinos, especially males, endure being routinely profiled, targeted, and attacked by the police. The report released this week from the Department of Justice about policing in Ferguson, Missouri, revealed that 93 percent of arrests were of African Americans, though they make up only 67 percent of the city's population. It showed and confirmed that African Americans in Ferguson were disproportionately likely to have force used against them by the police. When our leaders say they honor those who were hospitalized for peaceful protest 50 years ago, will they also commit to fighting against discrimination and violence at the hands of those meant to serve and protect our communities?
Selma is now, and the march continues. Selma needed protection for voting rights then, and Selma needs protection for voting rights now. Many civil rights leaders, past and present, and even future leaders, will be in Selma this weekend. But thousands of others who can't be there in person will not be excluded from being a part of a new march. Men and women will with great intent make sure every registered voter gets to the polls to vote in every election, will minister with an activist heart to their neighborhoods when violence upends daily life, will use social media as a tool to motivate participation in work aimed at ending all forms of discrimination in the name of religion, and will organize their communities in active opposition when yet another bill is introduced to undermine, restrict, or deny basic civil and human rights.
On the evening of that Sunday, Dr. Martin Luther King Jr. informed the media that ministers would march and called for clergy from around the country to join them. He said, "The people of Selma will struggle on for the soul of America, but it is fitting that all Americans help to bear the burden. ... In this way all America will testify to the fact that the struggle in Selma is for the survival of democracy everywhere in our land."
I was not there then, but today as with every day, especially because of the Shelby Counties and the Fergusons, I give thanks and will not forget that struggle. On March 7, 1965, the world watched as nonviolent mothers, fathers, students, workers, faith leaders were beaten, tear gassed and hospitalized. On March 7, 2015, let the world watch as this next generation genuinely honors those who had the courage to take a stand that Bloody Sunday "for the survival of democracy." How? By registering, advocating, teaching, speaking up, marching and continuing their work in pursuit of voting rights, freedom, and justice as if our unseen bruises, our lives, our souls depend on it.
Last week, Young People For (YP4) Director Joy Lawson, YP4 Fellowship Associate Vidushani Jayalal, and current YP4 Fellow Alyssah Roth of El Paso, TX, served as trainers during the pre-conference of the fifth annual “Take Root” reproductive justice conference in Norman, OK.
“Take Root” focuses on sharing the unique perspectives, experiences, and lessons learned from organizing around reproductive justice in conservative states. This year, YP4 developed and led the pre-conference to engage “Take Root” participants on guiding principles for social justice organizing. Participants took part in workshops and conversations on values-centered organizing, navigating ideologies in the reproductive justice movement, and more.
Additionally, several YP4 Fellows and alumni participated in the conference and led workshops and panels related to building access to the reproductive justice movement in under-resourced areas. After the workshops, many of the participants reflected that the trainings gave them “a vision of what they wanted to accomplish and what the process might look like.”
YP4 is a year-long leadership development program that helps a diverse set of young leaders turn their ideals into actions and create lasting change on their campuses and in their communities. YP4 develops Fellows’ leadership capacity and strategic thinking through a capstone project — the Blueprint for Social Justice — and offers opportunities to connect with others creating change across the country.
This op-ed was originally published at The Huffington Post.
Some Supreme Court cases are really tough ones, with important, difficult, and complex legal questions about constitutional meaning or statutory interpretation, where justices have to choose between two powerful and compelling arguments. Sometimes the court is called upon to resolve an issue that has divided the circuit courts. Other times there is a lower court ruling so at odds with logic or precedent that it needs to be reviewed and corrected.
And then there's King v. Burwell, the Affordable Care Act subsidies case being argued this week.
Those challenging the law have an extremely weak legal case, there is no split in the lower courts, and there is no clearly wrong lower court ruling that needs to be corrected. This is a meritless case that was ginned up by conservatives seeking to enlist the Supreme Court in their political efforts to destroy the ACA. That at least four justices voted to hear the case is ominous enough. But a victory for the challengers would make it more clear than ever that political considerations are infecting a majority of the court.
Some background: Section 1311 of the ACA directs states to establish health insurance exchanges, creating competitive markets in every state for people to buy affordable insurance no matter where they live. But Congress also recognized that states might choose not do this, so Section 1321 says that in those cases the federal government should set up the exchange instead. The purpose of doing this was to ensure that even if states declined to set up an exchange pursuant to Section 1311, fully functional stand-ins would exist. This is essential to the structure of the law: The financial model relies on competitive markets with affordable insurance being available in every state.
To ensure affordability, the law also establishes subsidies for people below a certain income level to make sure they can buy insurance, which is necessary for the entire structure of the ACA to work. One subsection of the law establishes some key definitions, including an "eligible taxpayer" who is entitled to these subsidies, and the main criterion is income level. Try as you might, you won't find anything there saying that eligibility is at all tied to where someone lives.
A separate subsection says how to calculate the amount of the subsidy. Bizarrely, the conservative opponents of the ACA say that it is here that Congress chose to establish an enormously important additional eligibility criterion that, for some reason, they didn't put in the eligibility section: You have to live in a state that has set up its own exchange, rather than in one where the state has allowed the federal government to set it up instead.
This strange interpretation of the ACA depends on a deliberate misunderstanding of the subsidy provision's stating that the amount is based on the monthly premiums for a policy purchased through an exchange "established by the state under [section] 1311" of the ACA. But to interpret this provision the way the anti-Obamacare activists do, we'd have to deliberately blind ourselves to how it clearly fits with the ACA as a whole.
So we're supposed to pretend that Congress didn't specifically empower the federal government to set up fully functional stand-ins for state exchanges in states that declined to create them. And we're supposed to think that Congress hid a critically important criterion for subsidy eligibility in a section on calculating the subsidy amount. And we're supposed to accept that Congress intended to undercut the financial viability of the law and thwart its central purpose of providing affordable health care to all. As D.C. Circuit Judge Harry Edwards wrote, "[i]t is inconceivable that Congress intended to give States the power to cause the ACA to crumble."
No one could possibly believe that. You can't possibly look at the text of the Affordable Care Act and interpret it in the way that its enemies have conjured up.
And as journalists like Glenn Kessler have pointed out, congressional Republicans who today insist that Congress intended for subsidy eligibility to depend on what state you live in were saying nothing of the sort when the law was being debated. Their statements at the time show they assumed subsidies would be available nationwide.
It is also clear that state legislators -- regardless of party -- deciding whether to set up their own exchanges never contemplated the possibility that choosing to let the federal government do it would deny much-needed subsidies to people in their state. In fact, that point is made quite effectively in an amicus brief authored by the Constitutional Accountability Center on behalf of members of Congress and state legislatures.
When this nonsensical lawsuit was heard at the Fourth Circuit, it was rejected by a unanimous panel of judges. In his concurring opinion, Judge Andre Davis wrote:
What [the ACA opponents] may not do is rely on our help to deny to millions of Americans desperately-needed health insurance through a tortured, nonsensical construction of a federal statute whose manifest purpose, as revealed by the wholeness and coherence of its text and structure, could not be more clear.
Yet when the ACA opponents appealed to the Supreme Court, at least four justices (the minimum required to grant certiorari) agreed to hear the case.
It would be nice to believe that the only reason was to issue a 9-0 ruling slapping down this lawsuit and condemning those who would abuse the court system by seeking to enlist federal judges in their political fights. Unfortunately, this is the Roberts court, a court with a history of bending the rules, twisting the law, and doing whatever it takes to get to an outcome beneficial to conservative and corporate interests. With cases like Citizens United, Hobby Lobby, Ledbetter, Shelby County, and so many others, a narrow 5-4 majority has made opponents of the Affordable Care Act think they could gin up a meritless case and carry the day.
If the Roberts Court chooses to sabotage millions of Americans' access to health care, the consequences will be catastrophic for many everyday people, and possibly fatal to some. While there may be Americans who weren't paying attention to some of the wrongly decided cases noted above, it is hard to imagine any American missing this one -- and not knowing exactly who to blame.
On Sunday two alumni of PFAW Foundation’s Young People For (YP4) program, Jamira Burley and Poy Winichakul, joined Melissa Harris-Perry on her MSNBC show to discuss activism among millennials. Both guests underscored the critical role young people have to play in today’s social and political movements.
“Right now there are not a lot of people who look like us in elected official positions, but we have so much potential,” said Winichakul. “I think we can take that leadership role. We can have a place to lead the country and share our perspective – to create policy.”
Later in the segment, Burley pointed out the extent to which young people are already engaged: “2012 actually marked the third election in a row where millennials came out more than 50 percent,” she said. “So people always say that we don’t vote, but we do. Numbers show it.”
What’s more, Burley said, young people are not only voting, they are staying engaged with leaders after they take office. “Not only are we electing people, we’re now putting precautions in place to hold them accountable,” she said. “And that means starting our own grassroots organizations, or calling them out on Twitter.”
Watch the full video here:
Last week, Young People For (YP4) staff attended the National LGBTQ Task Force’s National Conference of LGBT Equality, Creating Change.
Four alumni of YP4 programs — Michigan State Representative Jon Hoadley, National Director of Black Youth Project 100 Charlene Carruthers, Deputy Managing Director of United We Dream Felipe Sousa-Rodriguez, and Klagsbrun Outreach Fellow at Alliance for Justice Erik Lampmann — led a workshop entitled "Movement Family Across Struggles" for a group of college students. In their session, YP4 alumni shared experiences effecting social change and discussed best practices towards building movements that cut across communities, campuses, regions, and issues.
Realizing that working to create change on college campuses and within communities can often be an isolating experience, the participants identified tactics to build alliances with other community members to help win victories on their issues and campaigns.
Young People For (YP4) is a year-long leadership development program that helps a diverse set of young leaders to turn their ideals into actions and create lasting change on their campuses and in their communities. YP4 develops Fellows’ leadership capacity and strategic thinking through a capstone project — the Blueprint for Social Justice — and offers opportunities to connect with other young people and partner organizations creating change across the country.
Yesterday PFAW Foundation joined the National Women’s Law Center, the law firm Hogan Lovells, and close to 70 other organizations in submitting an amicus brief in King v. Burwell, the pending Supreme Court case on tax subsidies for the Affordable Care Act (ACA). The brief notes that a decision in favor of those challenging the subsidies would threaten a central goal of the law: making access to health insurance possible for millions of people across the country.
The ramifications of a wrong decision in this case could be enormous, causing serious harm in the lives of people now relying on health insurance through the ACA. If the core tax subsidy provision were to be struck down, the brief points out, women of color would be especially hard-hit:
These tax credits are critical. Over 9 million women, who would otherwise go without affordable health insurance, are eligible to benefit from them, including a disproportionate number of women of color.
…The tax credits are not only critical to women’s health; they are critical to the ACA’s continued viability. Congress encouraged participation in the insurance market primarily through the careful interrelation of the individual responsibility provision, market reforms, and tax-credit provisions. Eliminate the tax credits, and the system unravels.
The amicus brief highlights the stories of many real women who depend on the tax credits to access needed health care:
Marilyn Schramm, 63, is a 26-year cancer survivor from Austin, Texas. She endured treatment for cervical cancer in her thirties and has experienced life-long complications from that treatment that have required surgeries since then. Marilyn retired several years ago. When her COBRA rights were exhausted, Marilyn was forced to go without insurance for six months because of her “preexisting conditions.” But in January 2014, Marilyn could finally purchase insurance on the federally-facilitated Exchange in Texas, with at least half of her premium covered by the ACA’s tax credits.
Marilyn has now been diagnosed with colon cancer; following surgery, she began chemotherapy this month. Her coverage depends on the ACA’s prohibition on excluding those with pre-existing conditions, and on its premium tax credits: With her modest retirement income, Marilyn is unsure whether or how she could pay her insurance premium without the tax credits.
As we have noted before, this case is a blatantly political attack intended to do serious damage to the Affordable Care Act. The millions of women and men across the country who rely on the ACA in order to access health care ranging from preventative screenings to cancer treatments deserve far better.