Another Appeals Court Rejects Federal Health Care Law
August 13, 2011
Calling it an”unprecedented exercise of congressional power,” a federal appeals court Friday sided with Florida and 25 other states in rejecting a plan that would require almost all Americans to have health insurance in 2014.
The insurance requirement, known as the individual mandate, is a linchpin of the health-system overhaul that President Obama and congressional Democrats approved in 2010.
But a divided 11th U.S. Circuit Court of Appeals in Atlanta ruled that the mandate is unconstitutional, saying it is “unprecedented, lacks cognizable limits and imperils our federalist structure.”
“This economic mandate represents a wholly novel and potentially unbounded assertion of congressional authority: the ability to compel Americans to purchase an expensive health insurance product they have elected not to buy, and to make them re-purchase that insurance product every month for their entire lives,” Chief Judge Joel Dubina and Judge Frank M. Hull wrote in the 207-page majority opinion.
But Judge Stanley Marcus wrote a stinging dissent, siding with the Obama administration’s argument that the mandate is allowed under the constitution’s Commerce Clause.
“The parade of horribles said to follow ineluctably from upholding the individual mandate includes the federal government’s ability to compel us to purchase and consume broccoli, buy General Motors vehicles and exercise three times a week,” Marcus wrote. “However, acknowledging the constitutionality of the individual mandate portends no such impending doom.”
Former Florida Attorney General Bill McCollum spearheaded the challenge to the health overhaul, immediately filing suit last year in U.S. District Court in Pensacola after Obama signed the law.
The case, which was joined by other states, the National Federation of Independent Business and two individuals, has become perhaps the most closely watched challenge to the law, which Republicans derisively call “Obamacare.”
The U.S. Supreme Court is ultimately expected to decide the constitutionality of the overhaul. But Florida Republicans praised the appeals-court ruling Friday.
“It is critical that this case be expedited to the United States Supreme Court so that we can put this job-killing federal government mandate behind us and begin making the meaningful improvements our healthcare system needs without infringing on the liberties of Americans,” said Gov. Rick Scott, who has made opposition to the law one of his signature issues.
Florida CHAIN, a health-advocacy group that backs the overhaul, said the court decision was disappointing. But with the dispute headed to the Supreme Court, the group said Florida should move forward with the law, which is known as the “Affordable Care Act.”
“Implementation of the (law) is critical to the health and well-being of Floridians,” Florida CHAIN said in a statement.
In finding the individual mandate unconstitutional, the appeals court upheld part of a January ruling by Pensacola federal judge Roger Vinson. But the court overturned another part of Vinson’s ruling, which said the entire health-care law should be tossed out because the individual mandate could not be separated from other changes approved by Congress.
Also, the appeals court agreed with the Obama administration on the law’s massive expansion of the Medicaid program, which is part of a multi-pronged strategy to expand health coverage.
Florida and other states have fought the expansion, accusing Washington of “coercion.” They contend they would have to go along with the expansion or face the possibility of losing billions of dollars in federal funding for Medicaid.
The court, however, ruled the Medicaid portion of the law was not “unduly coercive,” noting that the federal government will pick up almost all of the initial costs after the expansion takes effect in 2014. Also, the court said that states in the past have faced the choice of complying with Medicaid changes or giving up funding.
“(The) Medicaid-participating states were warned from the beginning of the Medicaid program that Congress reserved the right to make changes to the program,” the judges wrote.
While the Medicaid issue is important to states, the individual mandate is the most legally — and politically — volatile issue in the fight about the Affordable Care Act. People who do not comply with the mandate would have to pay financial penalties.
The Obama administration argues that such a mandate is critical to dramatically reducing the number of uninsured people in the country.
It contends that the Commerce Clause allows such a mandate, at least in part because of “cost shifting” that occurs when uninsured people need health care and cannot pay for it. Such scenarios lead to other people paying higher insurance premiums or taxes to cover the costs.
Marcus, an appointee of former Democratic President Bill Clinton, pointed to the large number of people who lack health insurance and said their inability to pay for health care has a “profound effect” on commerce.
“There is a less of a chance that an individual will go through his entire life without ever consuming health-care services than there is that he will win the Irish Sweepstakes at the very moment he is struck by lightning,” Marcus wrote. “Nor are there more than a miniscule number of Americans who could afford to take on the financial risk of a personal medical catastrophe out of their own pockets.”
But Hull, a Clinton appointee, and Dubina, an appointee of Republican former President George H.W. Bush, said the Supreme Court has never interpreted the Commerce Clause to allow Congress to “dictate the financial decisions of Americans through an economic mandate.”
“In sum, the individual mandate is breathtaking in its expansive scope,” Hull and Dubina wrote jointly. “It regulates those who have not entered the health care market at all. It regulates those who have entered the health care market but have not entered the insurance market (and have no intention of doing so).”
It remained unclear Friday when the Supreme Court might take up the constitutionality of the health law. It also is unclear whether justices would consider the 11th Circuit decision or one of several other cases that have drawn mixed rulings from judges across the country.
But state Rep. Matt Hudson, a Naples Republican who is a critic of the federal law, said the rulings by the appeals court and Vinson are a sign that the individual mandate could be found unconstitutional.
“This is a very good indicator that what we have been saying all along is in fact correct,” said Hudson, the House’s chief health budget writer.
By Jim Saunders
The News Service of Florida
Escambia Man Faces 35 Year For Home Invasion Robbery
August 13, 2011
An Escambia County man faces up to 35 years in prison for a 2010 home invasion.
Courtney Darnell Henderson was convicted by an Escambia County jury of home invasion robbery without a weapon, battery upon a person 65 years of age or older and resisting an officer without violence.
On April 8, 2010, Henderson and two others forced their way into the home of Lloyd E Dawson, while a fourth person waited in the car. Once inside, Dawson was pushed and held down while he was struck repeatedly with his own cane. The defendants took a camcorder and other electronic devices.
Judge Michael Allen scheduled sentencing for September 9. Henderson faces a maximum sentence of 35 years in state prison. The state will be seeking sentencing as a prison releasee reoffender, according to State Attorney Bill Eddins.
Two Injured In Friday Night Crash On Highway 97
August 12, 2011
Two people were injured in a three vehicle crash on Highway 97 south of Tungoil Road Friday night.
According to witnesses, an elderly male driving a van apparently collided with a pickup and another van just after 9 p.m. He was not injured.
The pickup flipped at least once, hitting a tree and landing off roadway. A female passenger in the pickup was transported by ambulance to West Florida Hospital in Pensacola. The driver of the pickup was not injured.
The driver of the second van was transported by ambulance to Atmore Community Hospital. None of the injuries were believed to be life threatening.
Further details were not available Friday night; the accident remains under investigation by the Florida Highway Patrol. The Walnut Hill Station of Escambia Fire Rescue and Atmore Ambulance also responded to the call.
Pictured top: A passenger in this pickup was transported to a Pensacola hospital by ambulance following a crash on Highway 97 south of Walnut Hill Friday night. Pictured below : The driver of this van was not injured. NorthEscambia.com photos, click to enlarge.
Final Totals: Little Found During Daily Drug Dog Searches In Escambia County Schools
August 12, 2011
Very few drug dog searches in Escambia County’s public school resulted in any sort of drug find during a pilot program last school year.
Each school day, at least one middle or high school in the county was randomly visited by a canine officer and his dog.
During 352 school searches, there were 28 alerts. Seven of the alerts resulting in findings of drugs; the remaining 21 alerts were for residue or odor. Prescription drugs were found twice during physical searches in conjunction with the drug K-9 searches.
“These results and these tremendous decreases in the number of drug related expulsions validate the need for this comprehensive approach we have taken to curb the incidences
of illegal drugs being brought on campuses,” Jeff Bergosh, Escambia County School Board member, said Thursday evening.
Every high school had at least one alert, while only two middle schools (Bailey and Warrington) had alerts during the school year. (See a complete table at the bottom of the article.)
Findings included two grams of marijuana in a restroom at Washington High, marijuana on a bookcase and pills in a tank at the Judy Andrew Center, marijuana residue in a car at Tate High, marijuana seeds and residue in a car and a baggie of over the counter medications at Washington High and residue in a purse and marijuana in a vehicle at West Florida High.
Among North Escambia area schools — Northview High had one drug dog alert for an odor with no drugs found, Tate High had one alert for odor and three findings of marijuana residue. There were no alerts at Ernest Ward or Ransom Middle schools.
The Escambia County School Board implemented the random drug dog searches lasts school year as part of an aggressive anti-drug and alcohol policy. Only one person at the district office, Manager of Protection Services Steven Sharp, knew which school would be visited in advance. The canine officer would report to the principal’s office upon his or her arrival and was accompanied during the search by an administrator or their designee.
Students were not being searched, and they were removed from any classroom that was searched. Searches also included hallways, lockers, parking lots and other common areas.
The district spent about $36,000 from its general fund for the program. About two dozen off-duty canine officers from the Escambia County Sheriff’s Office and the Pensacola Police Department were utilized for the searches.
“The Pensacola Police Department and the Escambia County Sheriff’s Office, and their respective canine units, have been instrumental to the district’s success in our continuing work to
keep drugs out of school, and we look forward to continuing this successful partnership for many years to come,” Bergosh said.
Pictured above: Escambia County Sheriff’s Office Master Deputy Wayne Gulsby performs a drug dog search at Northview High School during the last school year. NorthEscambia.com file photos, click to enlarge. Below: Totals from all Escambia County middle and high schools.
Burned Out Headlight Lands Century Man In Jail On Drug Charges
August 12, 2011
A traffic stop for a burned out headlight landed a Century man behind bars on drug charges.
Maurice Lovell James, 45, was charged with felony cocaine possession, marijuana possession and giving false identification to law enforcement.
An Escambia County Sheriff’s Office deputy stopped James for a burned out headlight on West Highway 4 near North Century Boulevard late Wednesday night. Deputies, according to an arrest report, found crack cocaine in a pill bottle and marijuana in a plastic baggie inside James’ 1990 Mercury Cougar.
James, the report states, first provided deputies with false name and claimed to have a New Jersey driver’s license that was not on his person.
Late Thursday, James remained in the Escambia County Jail with bond set at $2,000.
Charges Dropped Against Flomaton Woman Accused Of Leaving 5-Month Old Alone In Hot Car
August 12, 2011
Charges have been dropped by the State Attorney’s Office against a Flomaton woman arrested July 21 after her 5-month old baby was reportedly left unattended about 20 minutes in a hot car in Pensacola.
Jessica Burnham, age 20 of Vanhoosen Road, was released from jail Thursday after appearing before Judge Michale Allen to learn that should would not be prosecuted. She had been charged with child neglect without great harm — a third-degree felony punishable by up to five years in prison and/or up to a $5,000 fine.
According to a July 21 Pensacola Police Department report, Officer Jud Fillingim said Burnham went to LabCorp on North Ninth Avenue to have some blood work done. Initially, she took the baby inside, but returned to the car with the baby after being told it could not go into the blood drawing area.
Burnham told LabCorp employees she had someone in the car and would take the baby to them while her blood was drawn. A witness told police she saw Burnham place the baby in a car seat, enter the vehicle and drive it to a partially shaded area of the parking lot.
Fillingim said Burnham told officers she turned on the air conditioning while she went back inside LabCorp. The female witness said approximately 20 minutes passed, no one was with the baby in the vehicle, and she was worried about the baby’s safety so she notified a LabCorp employee.
The employee and witness went to the car, found the doors unlocked, the windows up and the car’s air conditioner blowing hot air.
Fillingim said the women took the baby, who was sweating profusely and hot to the touch, inside and called for an ambulance. The female baby was taken to a local hospital for observation.
Florida Sales Tax Holiday Underway This Weekend
August 12, 2011
Today marks the first day of Florida’s 2011 Sales Tax Holiday, offering shoppers the chance to stock up on school supplies and clothing without paying sales tax.
The school sales tax holiday runs from 12:01 a.m. Friday until midnight Sunday. Retailers believe consumers are excited about the holiday that provides a break at the cash register for families during a time of year when their expenses climb.
Retailers across Northwest Florida are gearing up for a big weekend, stocking up on merchandise and planning for a boost to their bottom line. In addition to locals, retailers are expecting to see a lot of Alabama tags in their parking lots as Alabama residents cross the state line to save a few extra dollars this weekend.
In general, the sales tax holiday means no state or local sales tax on clothing, footwear and some accessories selling for $75 or less or certain school supplies for $15 or less. Books are not exempt from tax this year.
“Clothing” means any article of wearing apparel, including all footwear (except skis, swim fins, roller blades, and skates) intended to be worn on or about the human body. However, “clothing” does not include watches, watchbands, jewelry, umbrellas, handkerchiefs, or sporting equipment.
“School supplies” means pens, pencils, erasers, crayons, notebooks, notebook filler paper, legal pads, binders, lunch boxes, construction paper, markers, folders, poster board, composition books, poster paper, scissors, cellophane tape, glue, paste, rulers, computer disks, protractors, compasses, and calculators.
MSNBC’s ‘Lockup” Filming Show At Area Prison
August 12, 2011
For the first time in Florida Department of Corrections history, a television production crew will be filming inside a Florida prison for almost eight weeks with unprecedented access to inmates and staff who wish to participate.
44 Blue, the production company that produces the prison reality series “Lockup” for MSNBC, began filming at Santa Rosa Correctional Institution in Milton this week. Santa Rosa CI houses all custody levels of inmates along with a number of inmates with mental health issues.
Florida Department of Corrections Secretary Ed Buss worked with 44 Blue when he was the prison Commissioner in Indiana, and he felt the effort was worthwhile.
“I have no qualms about them coming into our prisons. I’m proud of our staff and how well our facilities are run, and I hope this will help Floridians understand the challenges we face with our inmate population, as well as the benefits prisons provide to their communities through our programs and re-entry efforts,” said Buss.
44 Blue’s film crew visited SRCI in July to scout the Santa Rosa CI location and interview inmates they may want to focus on. They will be filming during weeks in August and September. A staff member, Santa Rosa CI Lieutenant Andrew Williams, has been assigned to the crew full time and employees and inmates have been told they may opt out of being filmed. 44 Blue is paying a fee to cover the cost of the DC’s expenses.
“I am honored that Santa Rosa CI has been chosen for this opportunity,” said Warden Randy Tifft. “Our staff is looking forward to working with the film crew to showcase our inmate programs and what we do each day to protect the public.”
The series of shows is expected to air on MSNBC in early 2012.
County Pushes Feds For Beulah I-10 Exit, Would Benefit Proposed North Escambia Beltway
August 11, 2011
Escambia County is asking the federal government to expedite approval of a new I-10 exit in Beulah — an exit that is part of an overall plan that could greatly change the landscape of some parts of North Escambia.
The exit would serve a northern “beltway” connector proposed from North Escambia to Santa Rosa County and serve the area included in a plan that encourages growth and development on 15,000 acres in North Escambia.
The new I-10 Beulah exit, to be located at or in the vicinity of Beulah Road, would also facilitate the movement of traffic northward without clogging Highway 29, Highway 87 and I-10. It will also aid in economic development in Escambia County, according to a resolution approved by the Escambia County Commission, that asks the Federal Highway Administration to grant approval for the exit as soon as possible.
The interstate exit at Beulah, according to commissioners, would also aid in hurricane evacuation.
The proposed beltway connector would link Highway 90 to the new I-10 Beulah exit through North Escambia, across the Escambia River in the vicinity of Quintette Road to Pace in Santa Rosa County. The new Detailed Specific Area Plan encompasses approximately 15,000 acres of land north of Interstate 10, south of Barrineau Park Road and west of Highway 29. It is a long-term conceptual planning project in North Escambia that incorporates road networks, parks and schools along with commercial and residential projects.
Pictured top: A proposed beltway connector between Escambia and Santa Rosa counties is depicted in red on this map. NorthEscambia.com graphic.
Century Inmate Busted For Smuggled Cellphone
August 11, 2011
A Century Correctional Institution inmate is facing a felony charge for having a cellphone behind bars.
Travis Montes Mitchell, a former resident of the Century area, was charged with smuggling contraband into the facility. According to the State Attorney’s Office, Mitchell was observed by a guard placing the cellphone in his sock before he ran away and tossed the phone in the toilet. The phone was retrieved from the toilet by prison officials.
Mitchell was serving a 44 month sentence on drug and weapons charges.