Federal Judge: Feds Must Move Fast On Health Care Appeal
March 3, 2011
A Pensacola federal judge criticized the government Thursday for moving forward with the federal health care law despite his ruling against it, but he put a stay on his own order to give the government a week to appeal.
U.S. District Judge Roger Vinson in essence ordered the government to get that appeal moving quickly – saying the matter was of such consequence it should be fast tracked. A spokesperson for the U.S. Department of Justice said the government will appeal to the Eleventh Circuit, but didn’t say when.
Vinson also said he had thought his order finding the massive federal health care law was easy to understand: he ruled that it violates the constitution. And the tone of his “clarifying” order was decidedly perturbed that the Obama Administration sought a clarification.
The administration had noted that the main part of the law that was found unconstitutional by Vinson – the individual mandate for buying health insurance – doesn’t go into effect until 2014, by which time the question of its constitutionality is likely to have been decided by the U.S. Supreme Court.
Vinson said in his clarification that he had believed the federal government would stop implementation after his ruling.
“It was not expected that they would effectively ignore the order and declaratory judgment for two and one-half weeks, continue to implement the Act, and only then file a belated motion to ‘clarify,’” Vinson wrote.
Vinson, a Reagan appointee who sits in Pensacola, said he now expected the government would ask for a stay of his order pending an appeal, but said there was no need to wait for the administration to ask. Vinson went ahead and put the order on hold – but with the condition that the government get moving and file an appeal within a week. The matter is of such import, and in such doubt, that it is in everyone’s interest to get the issue before the U.S. Supreme Court, he said.
“The Act seeks to comprehensively reform and regulate more than one-sixth of the national economy,” Vinson wrote. “It does so via several hundred statutory provisions and thousands of regulations that put myriad obligations and responsibilities on individuals, employers, and the states.
“It has generated considerable uncertainty while the constitutionality of the Act is being litigated in the courts,” Vinson continued. “The sooner this issue is finally decided by the Supreme Court, the better off the entire nation will be. And yet, it has been more than one month from the entry of my order and judgment and still the defendants have not filed their notice of appeal.”
Vinson also acknowledged the government’s argument that ultimately, it would be hard to put the law in place without getting going on planning for its implementation. All the more reason for a swift appeal to get the matter settled, Vinson essentially said.
“We appreciate the court’s recognition of the enormous disruption that would have resulted if implementation of the Affordable Care Act was abruptly halted,” Justice Department spokesperson Tracy Schmaler said in a statement. “We welcome the court’s granting of a stay to allow the current programs and consumer protections, including tax credits to small business and millions of dollars in federal grants to help states with health care costs, to continue, pending our appeal in the Eleventh Circuit.”
The state of Florida was the lead plaintiff of 26 states challenging the law. One of the major concerns of the states is that the new law is expected to require the addition of large numbers people to the states’ Medicaid rolls. Most of the plaintiff attorneys general are also Republicans, and generally opposed to the Obama administration’s efforts to require people to buy health insurance.
The National Federation of Independent Business joined the states as a plaintiff.
“An expedited appeals process for this case is very good news for NFIB and the small-business community,” NFIB’s Florida director, Bill Herrle, said in a statement. “The government’s attempts to stymie the judicial process are simply prolonging the uncertainty surrounding the law and do a disservice to the states, small-business owners and individuals who are seeking resolution.”
While blasting the federal government for not following his initial order, and for slowing the case down, Vinson also wrote candidly about the lack of clear agreement on the legal nature of the case – saying that precisely because it is no slam dunk legally, it ought to continue to move up the legal chain.
“The individual mandate has raised some novel issues regarding the Constitutional role of the federal government about which reasonable and intelligent people (and reasonable and intelligent jurists) can disagree,” Vinson wrote. “Despite what partisans for or against the individual mandate might suggest, this litigation presents a question with some strong and compelling arguments on both sides.”
Florida Attorney General Pam Bondi, who campaigned in part on continuing to pursue the lawsuit against the federal health care law, said she was pleased with Vinson’s reaffirmation of the unconstitutionality of the law, but said she was disappointed he was allowing the government to continue to implement the law pending the appeal.
“While we are disappointed that the stay was granted, we are satisfied that DOJ now has only seven days to file their appeal and seek expedited review or they will lose the stay,” Bondi said.
By David Royse
The News Service Florida
McDavid Postmaster Arrested On Sexual Assault, False Imprisonment Charges
March 3, 2011
The McDavid postmaster has been arrested on attempted sexual battery and false imprisonment charges. Both charges are felonies.
James Bruce Lee, 51, of Cantonment, was booked into the Escambia County Jail Wednesday afternoon on two outstanding state warrants served by the United States Postal Inspection Service with the assistance of the Escambia County Sheriff’s Office. He was released on $6,000 bond, according to jail records.
According to Postal Inspector Michael Mulder, the charges stemmed from a January 15 incident that allegedly took place inside the McDavid Post Office. A female mail carrier alleged that Lee attempted to sexually assault her inside the Main Street building.
According to the arrest warrant, the woman alleged Lee approached her from behind while she was sorting mail and began touching her all over her body. She told him to stop, at which time he complied. Later in the day, after the other carriers had left the building, Lee once again approached the carrier holding her by her hands while pulling his pants down, the carrier told investigators, before stopping when he heard a vehicle in the post office parking lot.
Lee provided a sworn written statement and interview to postal investigators, however his statements were not released by the United States Postal Inspection Service.
Lee, who has served as McDavid postmaster since January, 2005, has been place on administrative leave, according to Joseph Breckenridge, a postal service spokesman based in Atlanta.
Poarch Creek Indians Donate $50,000 To Northview High
March 3, 2011
The Poarch Band of Creek Indians have donated $50,000 to Northview High School from an educational endowment fund.
“Northview High School is appreciative of the donation of educational funds from the Poarch Band of Creek Indians,” Northview Principal Gayle Weaver said Wednesday. “The monies will be used to enhance and supplement the academic programs at Northview.”
After donating over $1.5 million to Atmore area schools in early December, the Tribe announced the creation of a $350,000 educational endowment fund for schools in surrounding communities. Schools were given the opportunity to seek a portion of the $350,000.
Last year, Northview submitted a “wish list” of items to be purchased with the $50,000, Weaver said. The Tribe will purchase approved items on behalf of the school.
Weaver said the school is seeking technology items, including document cameras and iPads, to enhance existing technology at the school, and equipment for the school’s horticulture program.
In December the Poarch Creek Indians made the following donations to Atmore area schools:
- Escambia County High School/Escambia County Middle School $687,360
- Rachel Patterson Elementary $78,000
- A.C. Moore School $112,547
- Huxford Elementary $337,000
- Escambia Academy $311,500
- Atmore Christian School $100,000.
“Part of being a good neighbor is helping out others in need. Education is the bedrock of productive successful lives for these youngsters; we are happy and proud to be able to make this contribution to their future today,” said Tribal Chairman Buford L. Rolin after the donations were made.
Not Guilty Plea From Man Accused Of Starving Horses
March 3, 2011
The Walnut Hill man accused of starving 10 horses has entered a plea of not guilty on multiple animal cruelty charges.
James Benjamin Bethea, 61, pleaded not guilty before Escambia County Judge Michael Allen. His jury trial on two felony and eight misdemeanor animal cruelty charges. has been set for mid-May.
One of the horses allegedly starved by Bethea was euthanized by a veterinarian in a pasture February 2 in the 5000 block of Highway 97A in Enon. Nine others were seized by the Escambia County Sheriff’s Office and transported to an animal clinic for medical care.
For an earlier report about the horses and more photos, click here.
ECUA Citizens Advisory Committee Seeks Members
March 3, 2011
The Emerald Coast Utilities Authority (ECUA) is currently seeking a qualified individual to become a member of its Citizens’ Advisory Committee (CAC).
To qualify, an individual must be a resident of Escambia County, able to attend monthly meetings, have no personal or business ties with the Authority that could be construed as a conflict of interest, and submit a resume outlining relevant experience, education, and qualifications.
Escambia County residents who are interested in being considered for appointment to this at-large committee position should submit a resume and an expression of interest to ECUA by Tuesday, March 15.
The 12-member Committee is comprised of five ECUA board members, five appointed citizen members, and two at-large citizen members. The meetings are held on the third Wednesday of the month in Pensacola and are open to the public.
For more information, or to submit your resume, contact Linda Iversen, executive assistant to the board at liversen@ecua.org or (850) 476-5110, ext. 3302. Hard copy applications may be mailed to: ECUA, P.O Box 15311, Pensacola, FL 32514, attn: Ms. Linda Iversen.
FBI Honors Ala. Trooper For Ending Kidnapping After Note Found In Flomaton Bathroom
March 3, 2011
The FBI has recognized an Alabama State trooper for his assistance is ending a kidnapping after a note asking for help was found in a Flomaton truck stop.
Alabama State Trooper Adam Robinson was patrolling Butler County, Ala., when he was alerted to be on the lookout for a vehicle driven by a man who had abducted his ex-fiancee and two elementary school-age children. Robinson quickly spotted and stopped the car on I-65 near Garland, locating a weapon and the unharmed kidnapping victims.
Robinson was presented with a certificate of appreciation from FBI Director Robert S. Mueller III for his actions.
On April 21, 2010, someone found a note in a women’s bathroom at the Yellowhammer truck stop at I-65 and Highway 113 in Flomaton. The note said that the female and her two children had been kidnapped and were being taken to Atlanta by their abductor. The note also contained a description of the vehicle and its license plate number.
During a search of the vehicle, Trooper Robinson located a .45-caliber Ruger automatic handgun in the vehicle’s door.
The driver, Therral Hatfield, 25 (pictured), of Jefferson, La., was arrested and charged with giving false information and carrying a pistol without a permit.
Yellowhammer Truck Stop clerk Connie Kinman says she noticed Hatfield outside the women’s bathroom door the entire time she was inside. “She had to know he was there,” she said. “She was very brave.”
The note said to call 911 because the woman and her children were being held hostage. She handed it to another lady in the restroom, who gave it to store clerks for help.
Escambia Sheriff: Scott Getting Bad Advice
March 3, 2011
Gov. Rick Scott is getting “less than stellar advice” on how to fix the state’s budget crisis, Republican Escambia County Sheriff David Morgan has warned the governor in a letter that also pleads that governing “cannot be approached as a hostile corporate takeover.”
Morgan, who was on Scott’s law enforcement transition team, sent a long letter to Scott with several pieces of advice.
Transferring problems from state government to local is not an acceptable way to deal with a budget shortfall, Morgan said.
Morgan also said the Scott administration seems intent on arbitrary cuts, and urged the governor not to follow through on proposed changes to public employee retirement rules. “Reneging on these assurances to generations of working people is unacceptable,” the sheriff said in his February 22 letter. Scott hasn’t responded to Morgan.
by The News Service Florida
Panhandle Republicans File Bills To Streamline Permitting Process
March 3, 2011
A pair of Panhandle Republicans have filed measures they say will streamline the state’s permitting process and make it more difficult for parties to challenge development decisions.
The bills by Sen. Greg Evers, who represents the North Escambia area, and by Rep. Jimmy Patronis, R-Panama City, make a number of changes including provisions that shift the burden of proof in some cases and prevent local governments from denying permits to projects simply because they have yet to be approved by the state.
Introduced by various members over the past few years, backers say the measures are needed to reduce barriers for development while environmental groups are wary the changes will make it difficult to stop undesirable development.
by The News Service Florida
Thousands Missing Out On IRS Refunds From 2007
March 3, 2011
There could be as many as 74,500 in Florida and 17,600 in Alabama that could be about to miss out on tax refunds from 2007. The refunds are part of $1.1 billion owed to people who did not file a federal income tax return for 2007, according to the IRS.
To collect the money, a return for 2007 must be filed with the IRS no later than Monday, April 18, 2011.
The average refund due in Florida is $665; it’s $634 in Alabama.
Some people may not have filed because they had too little income to require filing a tax return even though they had taxes withheld from their wages or made quarterly estimated payments, the IRS said. In cases where a return was not filed, the law provides most taxpayers with a three-year window of opportunity for claiming a refund. If no return is filed to claim a refund within three years, the money becomes property of the U.S. Treasury.
For 2007 returns, the window closes on April 18, 2011. The law requires that the return be properly addressed, mailed and postmarked by that date. There is no penalty for filing a late return qualifying for a refund. But if the taxpayer did not file a return for 2008 or 2009, the refund will be held until those forms are filed.
For more information and tax forms, visit irs.gov.
Jay, Northview Students Create Sawmill Pageant Posters
March 3, 2011
Students from Northview and Jay high schools were recently awarded for taking part in a poster contest to promote the 20th Annual Century Sawmill Pageant sponsored by the Century Lions Club.
Winners from the Northview High School Business Technology Education Department were Rebecca Barnhill, first place; A.J. Lambert, second place; and Ashley Digmon, third place. Barnhill received a $25 prize.
Winners from the Jay High School Commercial Graphic Arts classes were Haley Odom, first place; Damian Rogers, runner-up. Odom received a $25 prize.
The 20th Annual Century Sawmill Pageant sponsored by the Century Lions Club will be held Saturday, March 26 at 10 a.m. at the former Carver/Century School. Registration will be held Saturday, March 5 and March 12 from 10 a.m. until 5 p.m. at Southern Treasures Gift Shop at 8341 North Century Boulevard (across from Whataburger). For an entry form and more registration details, click here.
Pictured: 20th Annual Century Sawmill Pageant poster contest winners. Top: From Northview High — Rebecca Barnhill, first place; A.J. Lambert, second place; and Ashley Digmon, third place. Barnhill received a $25 prize. Bottom: From Jay High — Century Lions Club member Bill Gandy, Haley Odom, first place; Damian Rogers, runner-up. Pictured inset: Northview’s winner Rebecca Barnhill receives her $25 prize from Century Lions Club member Edsol Smith. Submitted photos for NorthEscambia.com, click to enlarge.
