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Fate of Kansas Ban on Telemedicine Abortions Uncertain

Kansas clinics still don’t know whether it will be legal for them to offer telemedicine abortions in January. Meanwhile a state-court judge Friday derided the upcoming ban as an “air ball” that can’t stop doctors from providing pregnancy-ending pills to patients they don’t see in person.

An abortion rights group seeking an order to block the ban found its request enmeshed in larger legal battles over abortion. Attorneys for the state raised the question of whether other state laws might block telemedicine abortions, and District Judge Franklin Theis held off on issuing an order.

​Suit: Ban unconstitutional

The Center for Reproductive Rights filed a lawsuit last month on behalf of Trust Women of Wichita, which operates a clinic there that performs abortions. Since October, some patients seeking abortion pills have consulted with offsite doctors through teleconferencing, and the clinic hopes to start providing abortion pills to women in rural areas without having them come to Wichita.

The center argues that the new law violates the state constitution by placing an undue burden on women seeking abortion and singling out abortion for special treatment as part of broader policies otherwise meant to encourage telemedicine.

“The use of telemedicine right now for medication abortions is extremely important,” said Leah Wiederhorn, an attorney for the center. “It’s a way for women to access this type of health care during a time when there are a lot of hostile laws that are meant to shut down clinics across the country.”

Seventeen other states have telemedicine abortion bans, according to the Guttmacher Institute, a group that advocates for abortion rights. The new Kansas law says that in policies promoting telemedicine, “nothing” authorizes “any abortion procedure via telemedicine.”

But Theis said the law doesn’t give a prosecutor any avenue for pursuing a criminal case. While the state medical board could act against the clinic’s doctors, the judge added, “There’s no jeopardy yet.”

Few clinics

Kansas has no clinics providing abortions outside Wichita and the Kansas City area. The Republican-controlled Legislature has strong anti-abortion majorities, and the state has tightened restrictions over the past decade.

Lawmakers have tried three times to ban telemedicine abortions. In 2011, a ban was part of legislation imposing special regulations on abortion clinics that critics said were meant to shut them down. Providers sued and Theis blocked all of the regulations. The case is still pending.

Legislators passed a law in 2015 requiring a doctor to be in the same room when a woman takes the first of two abortion pills. The Center for Reproductive Rights argues that it’s covered by the 2011 lawsuit over clinic regulations and has been blocked by Theis. Though the judge said he’s inclined to agree, state attorneys argued that it is in effect, even if it hasn’t been enforced.

The anti-abortion group Kansans for Life filed a complaint Friday against the Wichita clinic with the state medical board, asking it to investigate its “illegal” telemedicine abortions. Jeanne Gawdun, the group’s senior lobbyist, called them “dangerous.”

“Where’s that important physician-patient relationship?” Gawdun said. “It’s not there.”

​Few complications

A study of abortions in California, published in the American College of Obstetricians and Gynecologists’ journal in 2015, said less than one-third of 1 percent of medication abortions resulted in major complications.

The Kansas health department has reported that in 2017, nearly 4,000 medication abortions were reported, or 58 percent of the state’s total, all in the first trimester. It’s not clear if any were telemedicine abortions.

Wiederhorn said banning telemedicine abortion would be a hardship for the clinic’s patients because its doctors, while licensed in Kansas, are outside the state and can spend only two days a week in Wichita. Also, many women in rural areas would face hardships in getting medication abortions without telemedicine, she said.

But Assistant Attorney General Shon Qualseth said: “We’re just theorizing on what could happen.”

 

Fate of Kansas Ban on Telemedicine Abortions Uncertain

Kansas clinics still don’t know whether it will be legal for them to offer telemedicine abortions in January. Meanwhile a state-court judge Friday derided the upcoming ban as an “air ball” that can’t stop doctors from providing pregnancy-ending pills to patients they don’t see in person.

An abortion rights group seeking an order to block the ban found its request enmeshed in larger legal battles over abortion. Attorneys for the state raised the question of whether other state laws might block telemedicine abortions, and District Judge Franklin Theis held off on issuing an order.

​Suit: Ban unconstitutional

The Center for Reproductive Rights filed a lawsuit last month on behalf of Trust Women of Wichita, which operates a clinic there that performs abortions. Since October, some patients seeking abortion pills have consulted with offsite doctors through teleconferencing, and the clinic hopes to start providing abortion pills to women in rural areas without having them come to Wichita.

The center argues that the new law violates the state constitution by placing an undue burden on women seeking abortion and singling out abortion for special treatment as part of broader policies otherwise meant to encourage telemedicine.

“The use of telemedicine right now for medication abortions is extremely important,” said Leah Wiederhorn, an attorney for the center. “It’s a way for women to access this type of health care during a time when there are a lot of hostile laws that are meant to shut down clinics across the country.”

Seventeen other states have telemedicine abortion bans, according to the Guttmacher Institute, a group that advocates for abortion rights. The new Kansas law says that in policies promoting telemedicine, “nothing” authorizes “any abortion procedure via telemedicine.”

But Theis said the law doesn’t give a prosecutor any avenue for pursuing a criminal case. While the state medical board could act against the clinic’s doctors, the judge added, “There’s no jeopardy yet.”

Few clinics

Kansas has no clinics providing abortions outside Wichita and the Kansas City area. The Republican-controlled Legislature has strong anti-abortion majorities, and the state has tightened restrictions over the past decade.

Lawmakers have tried three times to ban telemedicine abortions. In 2011, a ban was part of legislation imposing special regulations on abortion clinics that critics said were meant to shut them down. Providers sued and Theis blocked all of the regulations. The case is still pending.

Legislators passed a law in 2015 requiring a doctor to be in the same room when a woman takes the first of two abortion pills. The Center for Reproductive Rights argues that it’s covered by the 2011 lawsuit over clinic regulations and has been blocked by Theis. Though the judge said he’s inclined to agree, state attorneys argued that it is in effect, even if it hasn’t been enforced.

The anti-abortion group Kansans for Life filed a complaint Friday against the Wichita clinic with the state medical board, asking it to investigate its “illegal” telemedicine abortions. Jeanne Gawdun, the group’s senior lobbyist, called them “dangerous.”

“Where’s that important physician-patient relationship?” Gawdun said. “It’s not there.”

​Few complications

A study of abortions in California, published in the American College of Obstetricians and Gynecologists’ journal in 2015, said less than one-third of 1 percent of medication abortions resulted in major complications.

The Kansas health department has reported that in 2017, nearly 4,000 medication abortions were reported, or 58 percent of the state’s total, all in the first trimester. It’s not clear if any were telemedicine abortions.

Wiederhorn said banning telemedicine abortion would be a hardship for the clinic’s patients because its doctors, while licensed in Kansas, are outside the state and can spend only two days a week in Wichita. Also, many women in rural areas would face hardships in getting medication abortions without telemedicine, she said.

But Assistant Attorney General Shon Qualseth said: “We’re just theorizing on what could happen.”

 

Late Guatemalan Girl Dreamed of Sending Money to Family

The 7-year-old Guatemalan migrant girl who died in U.S. custody this month was inseparable from her father and had looked forward to being able to send money home to support her impoverished family, relatives said  Saturday. 

Nery Caal, 29, and his daughter Jakelin Caal Maquin were in a group of more than 160 migrants who turned themselves in to U.S. border agents in New Mexico on Dec. 6. Jakelin developed a high fever and died two days later while in the custody of U.S. Customs and Border Patrol. 

 

“The girl said when she was grown up she was going to work and send dough back to her mom and grandma,” said her mother, Claudia Maquin, who has three remaining children, speaking in the Mayan language Q’eqchi’ and betraying little outward emotion. 

“Because she’d never seen a big country, she was really happy that she was going to go,” she added, explaining how her husband had gone to the United States to find a way out of the “extreme poverty” that dictated their lives. 

 

Corn stood behind her palm-thatched wooden house, and there were a few chickens and pigs in the yard. The mother was dressed in a traditional blouse and held a 6-month-old baby in her arms. 

A family photograph at the house showed Jakelin smiling and looking up at the camera, wearing a pink T-shirt with characters from the cartoon series Masha and the Bear. 

Hard lives

 

Deforestation to make way for palm oil plantations has made subsistence farming increasingly hard for the 40,000 inhabitants of Raxruha municipality, where the family’s agricultural hamlet of San Antonio de Cortez lies in central Guatemala, local officials said. That has spurred an exodus of migrants.  

Setting out on Dec. 1, Caal and his daughter traveled more than 2,000 miles (3,220 km) so Jakelin’s father could look for work in the United States, said her mother, who learned of the girl’s death from consular officials. 

 

Almost 80 percent of Guatemala’s indigenous population is poor, with half of those people living in extreme poverty. The mayor of San Antonio de Cortez described the Caal family as among the worst off in the village. 

 

Mayor Cesar Castro said in recent months that more and more families were uprooting to try to reach the United States, often selling what little land they owned to pay people traffickers thousands of dollars for the trip.

“It’s not just the Caal family. There are endless people who are leaving,” Castro said. “I see them drive past in pickups, cars and buses.” He said most of them came back in the end, often penniless after being dropped off by traffickers, caught by authorities and deported. 

 

Jakelin’s death has added to criticism of U.S. of President Donald Trump’s hard-line immigration policies from migrant advocates and Democrats in the U.S. Congress. 

 

The U.S. government defended Jakelin’s treatment, and said there was no indication she had any medical problems until several hours after she and her father were taken into custody. 

 

Inseparable 

 

Domingo Caal, Jakelin’s grandfather, said she had gone on the journey because she did not want to leave her father. 

 

“The girl really stuck to him. It was very difficult to separate them,” said Domingo, 61, wearing muddy boots and a faded and torn blue shirt.  

Jakelin’s uncle, Jose Manuel Caal, said he had heard she was ill before she died, but he had expected her to recover. “The girl’s death left us in shock,” he said. 

 

The family hopes the girl’s father can remain in the United States. 

 

“What I want now is for Nery to stay and work in the United States. That’s what I want,” said his wife. 

 

A Guatemalan consular official told Reuters on Friday that Caal told him he had crossed the border planning to turn himself in to U.S. authorities, and would try to stay. 

 

Record numbers of parents traveling with children are being apprehended trying to cross the U.S. border with Mexico. In November, U.S. Customs and Border Protection (CBP) officers detained 25,172 members of “family units,” the highest monthly number ever recorded, the agency said. 

 

Parents with children are more likely to be released by U.S. authorities while their cases are processed because of legal restrictions on keeping children in detention. 

 

Caal remains in the El Paso, Texas, area, where his daughter died after being flown by helicopter to a hospital there for emergency treatment when she stopped breathing. 

 

A brain scan revealed swelling and Jakelin was diagnosed with liver failure. She died early in the morning on Dec. 8, with her father at the hospital, a CBP official said. 

 

U.S. authorities are investigating the death.  

Late Guatemalan Girl Dreamed of Sending Money to Family

The 7-year-old Guatemalan migrant girl who died in U.S. custody this month was inseparable from her father and had looked forward to being able to send money home to support her impoverished family, relatives said  Saturday. 

Nery Caal, 29, and his daughter Jakelin Caal Maquin were in a group of more than 160 migrants who turned themselves in to U.S. border agents in New Mexico on Dec. 6. Jakelin developed a high fever and died two days later while in the custody of U.S. Customs and Border Patrol. 

 

“The girl said when she was grown up she was going to work and send dough back to her mom and grandma,” said her mother, Claudia Maquin, who has three remaining children, speaking in the Mayan language Q’eqchi’ and betraying little outward emotion. 

“Because she’d never seen a big country, she was really happy that she was going to go,” she added, explaining how her husband had gone to the United States to find a way out of the “extreme poverty” that dictated their lives. 

 

Corn stood behind her palm-thatched wooden house, and there were a few chickens and pigs in the yard. The mother was dressed in a traditional blouse and held a 6-month-old baby in her arms. 

A family photograph at the house showed Jakelin smiling and looking up at the camera, wearing a pink T-shirt with characters from the cartoon series Masha and the Bear. 

Hard lives

 

Deforestation to make way for palm oil plantations has made subsistence farming increasingly hard for the 40,000 inhabitants of Raxruha municipality, where the family’s agricultural hamlet of San Antonio de Cortez lies in central Guatemala, local officials said. That has spurred an exodus of migrants.  

Setting out on Dec. 1, Caal and his daughter traveled more than 2,000 miles (3,220 km) so Jakelin’s father could look for work in the United States, said her mother, who learned of the girl’s death from consular officials. 

 

Almost 80 percent of Guatemala’s indigenous population is poor, with half of those people living in extreme poverty. The mayor of San Antonio de Cortez described the Caal family as among the worst off in the village. 

 

Mayor Cesar Castro said in recent months that more and more families were uprooting to try to reach the United States, often selling what little land they owned to pay people traffickers thousands of dollars for the trip.

“It’s not just the Caal family. There are endless people who are leaving,” Castro said. “I see them drive past in pickups, cars and buses.” He said most of them came back in the end, often penniless after being dropped off by traffickers, caught by authorities and deported. 

 

Jakelin’s death has added to criticism of U.S. of President Donald Trump’s hard-line immigration policies from migrant advocates and Democrats in the U.S. Congress. 

 

The U.S. government defended Jakelin’s treatment, and said there was no indication she had any medical problems until several hours after she and her father were taken into custody. 

 

Inseparable 

 

Domingo Caal, Jakelin’s grandfather, said she had gone on the journey because she did not want to leave her father. 

 

“The girl really stuck to him. It was very difficult to separate them,” said Domingo, 61, wearing muddy boots and a faded and torn blue shirt.  

Jakelin’s uncle, Jose Manuel Caal, said he had heard she was ill before she died, but he had expected her to recover. “The girl’s death left us in shock,” he said. 

 

The family hopes the girl’s father can remain in the United States. 

 

“What I want now is for Nery to stay and work in the United States. That’s what I want,” said his wife. 

 

A Guatemalan consular official told Reuters on Friday that Caal told him he had crossed the border planning to turn himself in to U.S. authorities, and would try to stay. 

 

Record numbers of parents traveling with children are being apprehended trying to cross the U.S. border with Mexico. In November, U.S. Customs and Border Protection (CBP) officers detained 25,172 members of “family units,” the highest monthly number ever recorded, the agency said. 

 

Parents with children are more likely to be released by U.S. authorities while their cases are processed because of legal restrictions on keeping children in detention. 

 

Caal remains in the El Paso, Texas, area, where his daughter died after being flown by helicopter to a hospital there for emergency treatment when she stopped breathing. 

 

A brain scan revealed swelling and Jakelin was diagnosed with liver failure. She died early in the morning on Dec. 8, with her father at the hospital, a CBP official said. 

 

U.S. authorities are investigating the death.  

Lawmakers to Visit Detention Site in Wake of Girl’s Death

U.S. lawmakers will travel to New Mexico in the coming week as they search for answers about how a 7-year-old Guatemalan girl died while in federal custody. 

The Congressional Hispanic Caucus said Friday that it would lead a delegation on Dec. 18 to Lordsburg Station in Lordsburg, N.M., the detention center Jakelin Caal Maquin was en route to, along with her father and scores of other migrants detained with them on the night of Dec. 6, after being taken into custody by U.S. Customs and Border Protection (CBP).

Jakelin died in an El Paso, Texas, hospital 27 hours later of what medical officials preliminarily determined to be “sepsis shock,” according to the U.S. Department of Homeland Security (DHS). Her official cause of death has not yet been released. 

Symptoms of sepsis, or septic shock, can include extremes in body temperature, lethargy and restlessness. Official accounts indicate the girl received a quick assessment, as all people taken into custody do, before waiting for hours to be transported to the next detention facility with the group.  

​Minors transported first 

 

Among the 163 people detained that night in a remote area of southern New Mexico, near the Antelope Wells Port of Entry, were 50 unaccompanied minors, who were transported to Lordsburg Station first, according to DHS. 

 

It was en route to Lordsburg that Jakelin’s symptoms worsened, according to the government’s timeline of events.  

“This is not who we are or who we want to be as a nation,” U.S. Rep. Joaquin Castro of Texas, chairman-elect of the Congressional Hispanic Caucus, said in a statement Friday that included an open invitation to lawmakers to join the visit. “We must understand what led to this child’s death and how these stations are equipped to protect the health and safety of those seeking refuge at our borders.” 

 

Jakelin crossed into the U.S. with her father, Nery Caal, 29, after traveling from Raxruha in Alta Verapaz, northern Guatemala. The father and daughter left home on Nov. 30.   

Guatemalan media reported the girl’s mother and three siblings remain in Raxruha, citing an interview with Tekandi Paniagua, Guatemala’s consul in Del Rio, Texas.

 

Language barrier 

 

Prior to the bus ride to Lordsburg, Caal signed a form indicating Jakelin did not have health issues. However, there may have been a language barrier. 

 

CBP said border agents provided Spanish interpretation to fill out the English-language form. However, a Guatemalan official in Texas told Univision that Jakelin’s father is a native speaker of the Mayan language of Ke’chi, also called Q’eqchi’.

The Guatemalan press also reported on the potential language problem. A consular official told El Pais that Caal said he “doesn’t fully understand Spanish” and has received consular services in Q’eqchi’.

 

It can be challenging for U.S. personnel to find Q’eqchi’ interpreters even during normal business hours, a DHS staffer with experience interviewing Guatemalan migrants told VOA on condition of anonymity.  

 

“It’s a difficult thing,” the staffer said, describing the need to schedule “relay interviews” with a Q’eqchi’ interpreter who interprets to Spanish, then a Spanish interpreter who speaks in English to the U.S. government employee, a process that often involved a full 24 hours of planning. 

 

More questions than answers 

 

The girl’s death on Dec. 8 was not initially made public by CBP or DHS. The Washington Post first reported the story on Dec. 13.  

Since then, the agencies have made several public comments and provided a timeline about the events leading to Jakelin’s death. In a Facebook statement, DHS related that according to the girl’s father, she “had not been able to consume water or food for days” before her death. 

 

The Office of the Inspector General at DHS announced Friday that it would be investigating Jakelin’s death. 

 

U.S. House Speaker-designate Nancy Pelosi said Friday that in addition to the DHS inspector general’s investigation, “Congress will also investigate this horrific tragedy to ensure the safety and security of every child.”

 

Additionally, a letter sent Friday by six members of Congress, including New Mexico Sens. Tom Udall and Martin Heinrich, to DHS Secretary Kirstjen Nielsen, CBP Commissioner Kevin McAleenan and acting DHS Inspector General John V. Kelly raised the issue of why CBP did not report the death of an individual in its custody within 24 hours as required. 

 

The lawmakers requested, in part, details and a full investigation into Jakelin’s death, as well as a meeting with the commissioner.

 

McAleenan testified before Congress this week but made no mention of the death.  

Lawmakers to Visit Detention Site in Wake of Girl’s Death

U.S. lawmakers will travel to New Mexico in the coming week as they search for answers about how a 7-year-old Guatemalan girl died while in federal custody. 

The Congressional Hispanic Caucus said Friday that it would lead a delegation on Dec. 18 to Lordsburg Station in Lordsburg, N.M., the detention center Jakelin Caal Maquin was en route to, along with her father and scores of other migrants detained with them on the night of Dec. 6, after being taken into custody by U.S. Customs and Border Protection (CBP).

Jakelin died in an El Paso, Texas, hospital 27 hours later of what medical officials preliminarily determined to be “sepsis shock,” according to the U.S. Department of Homeland Security (DHS). Her official cause of death has not yet been released. 

Symptoms of sepsis, or septic shock, can include extremes in body temperature, lethargy and restlessness. Official accounts indicate the girl received a quick assessment, as all people taken into custody do, before waiting for hours to be transported to the next detention facility with the group.  

​Minors transported first 

 

Among the 163 people detained that night in a remote area of southern New Mexico, near the Antelope Wells Port of Entry, were 50 unaccompanied minors, who were transported to Lordsburg Station first, according to DHS. 

 

It was en route to Lordsburg that Jakelin’s symptoms worsened, according to the government’s timeline of events.  

“This is not who we are or who we want to be as a nation,” U.S. Rep. Joaquin Castro of Texas, chairman-elect of the Congressional Hispanic Caucus, said in a statement Friday that included an open invitation to lawmakers to join the visit. “We must understand what led to this child’s death and how these stations are equipped to protect the health and safety of those seeking refuge at our borders.” 

 

Jakelin crossed into the U.S. with her father, Nery Caal, 29, after traveling from Raxruha in Alta Verapaz, northern Guatemala. The father and daughter left home on Nov. 30.   

Guatemalan media reported the girl’s mother and three siblings remain in Raxruha, citing an interview with Tekandi Paniagua, Guatemala’s consul in Del Rio, Texas.

 

Language barrier 

 

Prior to the bus ride to Lordsburg, Caal signed a form indicating Jakelin did not have health issues. However, there may have been a language barrier. 

 

CBP said border agents provided Spanish interpretation to fill out the English-language form. However, a Guatemalan official in Texas told Univision that Jakelin’s father is a native speaker of the Mayan language of Ke’chi, also called Q’eqchi’.

The Guatemalan press also reported on the potential language problem. A consular official told El Pais that Caal said he “doesn’t fully understand Spanish” and has received consular services in Q’eqchi’.

 

It can be challenging for U.S. personnel to find Q’eqchi’ interpreters even during normal business hours, a DHS staffer with experience interviewing Guatemalan migrants told VOA on condition of anonymity.  

 

“It’s a difficult thing,” the staffer said, describing the need to schedule “relay interviews” with a Q’eqchi’ interpreter who interprets to Spanish, then a Spanish interpreter who speaks in English to the U.S. government employee, a process that often involved a full 24 hours of planning. 

 

More questions than answers 

 

The girl’s death on Dec. 8 was not initially made public by CBP or DHS. The Washington Post first reported the story on Dec. 13.  

Since then, the agencies have made several public comments and provided a timeline about the events leading to Jakelin’s death. In a Facebook statement, DHS related that according to the girl’s father, she “had not been able to consume water or food for days” before her death. 

 

The Office of the Inspector General at DHS announced Friday that it would be investigating Jakelin’s death. 

 

U.S. House Speaker-designate Nancy Pelosi said Friday that in addition to the DHS inspector general’s investigation, “Congress will also investigate this horrific tragedy to ensure the safety and security of every child.”

 

Additionally, a letter sent Friday by six members of Congress, including New Mexico Sens. Tom Udall and Martin Heinrich, to DHS Secretary Kirstjen Nielsen, CBP Commissioner Kevin McAleenan and acting DHS Inspector General John V. Kelly raised the issue of why CBP did not report the death of an individual in its custody within 24 hours as required. 

 

The lawmakers requested, in part, details and a full investigation into Jakelin’s death, as well as a meeting with the commissioner.

 

McAleenan testified before Congress this week but made no mention of the death.  

Republicans Say Little About Obamacare Ruling

Republican lawmakers have been mostly silent on Friday’s court ruling that the Affordable Care Act, known commonly as Obamacare, is unconstitutional. Democrats, however, have said they’ll hold the GOP to its commitment to retain popular provisions of the law, such as guaranteed coverage for those with pre-existing health conditions. 

“The GOP spent all last year pretending to support people with pre-existing conditions while quietly trying to remove that support in the courts,” Senate Democratic leader Chuck Schumer of New York said in a tweet Saturday. “Next year, we will force votes to expose their lies.” 

U.S. Rep. Nancy Pelosi, a California Democrat who will assume the speaker’s role next year, said the House “will move swiftly to formally intervene in the appeals process to uphold the lifesaving protections for people with pre-existing conditions and reject Republicans’ effort to destroy” the law. 

U.S. District Judge Reed O’Connor in Texas ruled Friday that a change in tax law last year eliminating a penalty for not having health insurance invalidated the entire ACA. The decision is expected to be appealed to the U.S. Supreme Court, and the ACA will remain the law during the appeal.  

U.S. President Donald Trump had promised during his presidential campaign to dismantle the ACA, a program that made affordable health insurance available to millions of Americans.  

‘Great news’

The president took to Twitter Friday night:  “Wow, but not surprisingly, ObamaCare was just ruled UNCONSTITUTIONAL by a highly respected judge in Texas. Great news for America!” 

White House spokeswoman Sarah Huckabee Sanders said the judge’s decision “vindicates President Trump’s position that Obamacare is unconstitutional. Once again, the President calls on Congress to replace Obamacare and act to protect people with pre-existing conditions and provide Americans with quality, affordable health care.”  

Americans with pre-existing conditions, before ACA, faced either high premiums or an inability to access health insurance at all.  

Schumer said in a statement Friday that the ruling “seems to be based on faulty legal reasoning, and hopefully it will be overturned. Americans who care about working families must do all they can to prevent this district court ruling from becoming law.”   

“Today’s misguided ruling will not deter us,” California Attorney General Xavier Becerra, the leader of an alliance of states opposing the lawsuit, said in a statement Friday.  “Our coalition will continue to fight in court for the health and well-being for all Americans.”  

New law unlikely for now

Some legal observers believe Congress is unlikely to pass a new law while the case is in the courts. Many senior Republican lawmakers have said they did not plan to also strike down provisions such as pre-existing condition coverage when they repealed the law’s fines for people who can afford coverage but remain uninsured. 

If the case reaches the Supreme Court, it would be the third time the high court considers a challenge to ACA provisions. The law’s opponents lost the first two cases. 

Polls have regularly shown wide public support for the guarantee of health insurance coverage regardless of pre-existing health conditions, an issue Democrats successfully leveraged in last month’s midterm elections to win control of the House of Representatives.

Republicans Say Little About Obamacare Ruling

Republican lawmakers have been mostly silent on Friday’s court ruling that the Affordable Care Act, known commonly as Obamacare, is unconstitutional. Democrats, however, have said they’ll hold the GOP to its commitment to retain popular provisions of the law, such as guaranteed coverage for those with pre-existing health conditions. 

“The GOP spent all last year pretending to support people with pre-existing conditions while quietly trying to remove that support in the courts,” Senate Democratic leader Chuck Schumer of New York said in a tweet Saturday. “Next year, we will force votes to expose their lies.” 

U.S. Rep. Nancy Pelosi, a California Democrat who will assume the speaker’s role next year, said the House “will move swiftly to formally intervene in the appeals process to uphold the lifesaving protections for people with pre-existing conditions and reject Republicans’ effort to destroy” the law. 

U.S. District Judge Reed O’Connor in Texas ruled Friday that a change in tax law last year eliminating a penalty for not having health insurance invalidated the entire ACA. The decision is expected to be appealed to the U.S. Supreme Court, and the ACA will remain the law during the appeal.  

U.S. President Donald Trump had promised during his presidential campaign to dismantle the ACA, a program that made affordable health insurance available to millions of Americans.  

‘Great news’

The president took to Twitter Friday night:  “Wow, but not surprisingly, ObamaCare was just ruled UNCONSTITUTIONAL by a highly respected judge in Texas. Great news for America!” 

White House spokeswoman Sarah Huckabee Sanders said the judge’s decision “vindicates President Trump’s position that Obamacare is unconstitutional. Once again, the President calls on Congress to replace Obamacare and act to protect people with pre-existing conditions and provide Americans with quality, affordable health care.”  

Americans with pre-existing conditions, before ACA, faced either high premiums or an inability to access health insurance at all.  

Schumer said in a statement Friday that the ruling “seems to be based on faulty legal reasoning, and hopefully it will be overturned. Americans who care about working families must do all they can to prevent this district court ruling from becoming law.”   

“Today’s misguided ruling will not deter us,” California Attorney General Xavier Becerra, the leader of an alliance of states opposing the lawsuit, said in a statement Friday.  “Our coalition will continue to fight in court for the health and well-being for all Americans.”  

New law unlikely for now

Some legal observers believe Congress is unlikely to pass a new law while the case is in the courts. Many senior Republican lawmakers have said they did not plan to also strike down provisions such as pre-existing condition coverage when they repealed the law’s fines for people who can afford coverage but remain uninsured. 

If the case reaches the Supreme Court, it would be the third time the high court considers a challenge to ACA provisions. The law’s opponents lost the first two cases. 

Polls have regularly shown wide public support for the guarantee of health insurance coverage regardless of pre-existing health conditions, an issue Democrats successfully leveraged in last month’s midterm elections to win control of the House of Representatives.

US Federal Judge Rules Obamacare Unconstitutional

A U.S. federal judge has ruled that the Affordable Care Act, widely known as Obamacare, is unconstitutional.

U.S. District Court Judge Reed O’Connor in Texas ruled Friday that a change in the U.S. tax law last year eliminating a penalty for not having health insurance invalidates the entire ACA.

Last year’s $1.5 trillion tax bill included a provision eliminating the individual mandate.

The decision is expected to be appealed to the U.S. Supreme Court.

The ACA will remain the law during the appeal process.

About 11.8 million consumers nationwide enrolled in 2018 Obamacare exchange plans, according to the U.S. government’s Centers for Medicare and Medicaid Services.

U.S. President Donald Trump promised during his presidential campaign to dismantle the ACA, a program that made affordable health insurance available to millions of Americans.

The president took to Twitter Saturday night:

“The ruling seems to be based on faulty legal reasoning and hopefully it will be overturned,” U.S. Senator Chuck Schumer said in a statement. “Americans who care about working families must do all they can to prevent this district court ruling from becoming law.

“If this awful ruling is upheld in the higher courts,” he added, “it will be a disaster for tens of millions of American families, especially for people with pre-existing conditions.”

Americans with pre-existing conditions, before ACA, faced either high premiums or an inability to access health insurance at all.

White House spokeswoman Sarah Sanders said the judge’s decision “vindicates President Trump’s position that Obamacare is unconstitutional. Once again, the president calls on Congress to replace Obamacare and act to protect people with pre-existing conditions and provide Americans with quality affordable health care.”

“Today’s misguided ruling will not deter us,” California Attorney General Xavier Becerra, the leader of an alliance of states opposing the lawsuit, said in a statement. “Our coalition will continue to fight in court for the health and well-being for all Americans.”

US Federal Judge Rules Obamacare Unconstitutional

A U.S. federal judge has ruled that the Affordable Care Act, widely known as Obamacare, is unconstitutional.

U.S. District Court Judge Reed O’Connor in Texas ruled Friday that a change in the U.S. tax law last year eliminating a penalty for not having health insurance invalidates the entire ACA.

Last year’s $1.5 trillion tax bill included a provision eliminating the individual mandate.

The decision is expected to be appealed to the U.S. Supreme Court.

The ACA will remain the law during the appeal process.

About 11.8 million consumers nationwide enrolled in 2018 Obamacare exchange plans, according to the U.S. government’s Centers for Medicare and Medicaid Services.

U.S. President Donald Trump promised during his presidential campaign to dismantle the ACA, a program that made affordable health insurance available to millions of Americans.

The president took to Twitter Saturday night:

“The ruling seems to be based on faulty legal reasoning and hopefully it will be overturned,” U.S. Senator Chuck Schumer said in a statement. “Americans who care about working families must do all they can to prevent this district court ruling from becoming law.

“If this awful ruling is upheld in the higher courts,” he added, “it will be a disaster for tens of millions of American families, especially for people with pre-existing conditions.”

Americans with pre-existing conditions, before ACA, faced either high premiums or an inability to access health insurance at all.

White House spokeswoman Sarah Sanders said the judge’s decision “vindicates President Trump’s position that Obamacare is unconstitutional. Once again, the president calls on Congress to replace Obamacare and act to protect people with pre-existing conditions and provide Americans with quality affordable health care.”

“Today’s misguided ruling will not deter us,” California Attorney General Xavier Becerra, the leader of an alliance of states opposing the lawsuit, said in a statement. “Our coalition will continue to fight in court for the health and well-being for all Americans.”

Wisconsin Governor Signs Sweeping Lame-Duck GOP Bills

Wisconsin Gov. Scott Walker signed a sweeping package of Republican legislation Friday that restricts early voting and weakens the incoming Democratic governor and attorney general, brushing aside complaints that he is enabling a brazen power grab and ignoring the will of voters.

Signing the bills just 24 days before he leaves office, the Republican governor and one-time presidential candidate downplayed bipartisan criticism that they amount to a power grab that will stain his legacy.

Just two hours later, a group run by former Democratic U.S. Attorney General Eric Holder announced it planned legal action to block the limitation on early voting.

Walker’s action Friday came as Michigan’s Rick Snyder, another Midwestern GOP governor soon to be replaced by a Democrat, signed legislation in a lame-duck session that significantly scales back minimum wage and paid sick leave laws that began as citizen initiatives. Michigan’s Republican legislators also are weighing legislation resembling Wisconsin’s that would strip or dilute the authority of incoming elected Democrats.

The push in both states mirrors tactics employed by North Carolina Republicans in 2016.

Walker: No power shift

Speaking for 20 minutes and using charts to make his points, Walker detailed all of the governor’s powers, including a strong veto authority, that will not change while defending the measures he signed as improving transparency, stability and accountability.

“There’s a lot of hype and hysteria, particularly in the national media, implying this is a power shift. It’s not,” Walker said before signing the measures during an event at a state office building in Green Bay, about 130 miles (209 kilometers) from his Capitol office that has frequently been a target for protesters.

Walker was urged by Democrats and Republicans, including Democratic Gov.-elect Tony Evers and former Republican Gov. Scott McCallum, to reject the legislation. Walker, who was defeated by Evers for a third term, had earlier said he was considering partial vetoes, but he ultimately did not strike anything.

Governor-elect reviewing options

Evers accused Walker of ignoring and overriding the will of the people by signing the bills into law. He held a five-minute news conference in Madison shortly after the signing to accuse Walker of ignoring the will of the voters.

“People will remember he took a stand that was not reflective of this last election,” Evers said. “I will be reviewing our options and do everything we can to make sure the people of this state are not ignored or overlooked.”

Evers didn’t elaborate and left without taking questions.

Walker, speaking after he signed the bills, brushed aside what he called “high-pitched hysteria” from critics of the legislation. He said his legacy will be the record he left behind that includes all-but eliminating collective bargaining for public workers, not the lame-duck measures.

“We’ve put in deep roots that have helped the state grow,” Walker said. “You want to talk about legacy, to me, that’s the legacy.”

Lawsuit promised on voting change

Holder’s group, the National Redistricting Foundation, along with the liberal One Wisconsin Now, promised a swift legal challenge to one provision Walker signed limiting early voting.

Holder, in a statement, called it a “shameful attack on our democracy.”

Holder’s group and One Wisconsin Now successfully sued in federal court in 2016 to overturn similar early voting and other restrictions enacted by Walker.

The Wisconsin bills focus on numerous Republican priorities, including restricting early in-person voting to two weeks before an election, down from as much as nearly seven weeks in the overwhelmingly Democratic cities of Milwaukee and Madison.

The legislation also shields the state’s job-creation agency from Evers’ control until September and limits his ability to enact administrative rules. The measures also would block Evers from withdrawing Wisconsin from a multistate lawsuit challenging the Affordable Care Act, one of his central campaign promises.

The legislation imposes a work requirement for BadgerCare health insurance recipients, which Walker won federal approval to do earlier this year, and prevents Evers from seeking to undo it.

Attorney general restricted

It eliminates the state Department of Justice’s solicitor general’s office, which outgoing Republican Attorney General Brad Schimel used to launch contentious partisan litigation. Doing away with it ensures Democratic-Attorney General-elect Josh Kaul can’t use the office to challenge Republican-authored laws.

The bills also allow lawmakers to intervene in lawsuits, ensuring Republicans will be able to defend their policies and laws in court if Kaul refuses to do it. Kaul also would need approval from the Legislature’s budget-writing committee before he can reach any settlements, further increasing the power of that GOP-controlled panel.

The Republican-controlled Legislature introduced and passed the bills less than five days after unveiling them late on a Friday afternoon two weeks ago. Outraged Democrats accused the GOP of a power grab that undermined the results of the November election. Evers and others have argued Walker will tarnish his legacy by signing the bills, and Kaul has predicted multiple lawsuits challenging the legislation.

Republican legislative leaders countered that they were merely trying to balance the power of the executive and legislative branches. They said they wanted to ensure Evers must negotiate with them rather than issue executive orders to undo their policy achievements.

Republican Assembly Speaker Robin Vos said by signing the bills, Walker was “acknowledging the importance of the Legislature as a co-equal branch of government.”

Walker uses power new bills take away

Walker’s signing of the bills comes a day after he announced a $28 million incentive package to keep open a Kimberly-Clark Corp. plant in northeast Wisconsin. One of the lame-duck bills would prevent Evers from making such a deal, instead requiring the Legislature’s budget committee to sign off.

Wisconsin Governor Signs Sweeping Lame-Duck GOP Bills

Wisconsin Gov. Scott Walker signed a sweeping package of Republican legislation Friday that restricts early voting and weakens the incoming Democratic governor and attorney general, brushing aside complaints that he is enabling a brazen power grab and ignoring the will of voters.

Signing the bills just 24 days before he leaves office, the Republican governor and one-time presidential candidate downplayed bipartisan criticism that they amount to a power grab that will stain his legacy.

Just two hours later, a group run by former Democratic U.S. Attorney General Eric Holder announced it planned legal action to block the limitation on early voting.

Walker’s action Friday came as Michigan’s Rick Snyder, another Midwestern GOP governor soon to be replaced by a Democrat, signed legislation in a lame-duck session that significantly scales back minimum wage and paid sick leave laws that began as citizen initiatives. Michigan’s Republican legislators also are weighing legislation resembling Wisconsin’s that would strip or dilute the authority of incoming elected Democrats.

The push in both states mirrors tactics employed by North Carolina Republicans in 2016.

Walker: No power shift

Speaking for 20 minutes and using charts to make his points, Walker detailed all of the governor’s powers, including a strong veto authority, that will not change while defending the measures he signed as improving transparency, stability and accountability.

“There’s a lot of hype and hysteria, particularly in the national media, implying this is a power shift. It’s not,” Walker said before signing the measures during an event at a state office building in Green Bay, about 130 miles (209 kilometers) from his Capitol office that has frequently been a target for protesters.

Walker was urged by Democrats and Republicans, including Democratic Gov.-elect Tony Evers and former Republican Gov. Scott McCallum, to reject the legislation. Walker, who was defeated by Evers for a third term, had earlier said he was considering partial vetoes, but he ultimately did not strike anything.

Governor-elect reviewing options

Evers accused Walker of ignoring and overriding the will of the people by signing the bills into law. He held a five-minute news conference in Madison shortly after the signing to accuse Walker of ignoring the will of the voters.

“People will remember he took a stand that was not reflective of this last election,” Evers said. “I will be reviewing our options and do everything we can to make sure the people of this state are not ignored or overlooked.”

Evers didn’t elaborate and left without taking questions.

Walker, speaking after he signed the bills, brushed aside what he called “high-pitched hysteria” from critics of the legislation. He said his legacy will be the record he left behind that includes all-but eliminating collective bargaining for public workers, not the lame-duck measures.

“We’ve put in deep roots that have helped the state grow,” Walker said. “You want to talk about legacy, to me, that’s the legacy.”

Lawsuit promised on voting change

Holder’s group, the National Redistricting Foundation, along with the liberal One Wisconsin Now, promised a swift legal challenge to one provision Walker signed limiting early voting.

Holder, in a statement, called it a “shameful attack on our democracy.”

Holder’s group and One Wisconsin Now successfully sued in federal court in 2016 to overturn similar early voting and other restrictions enacted by Walker.

The Wisconsin bills focus on numerous Republican priorities, including restricting early in-person voting to two weeks before an election, down from as much as nearly seven weeks in the overwhelmingly Democratic cities of Milwaukee and Madison.

The legislation also shields the state’s job-creation agency from Evers’ control until September and limits his ability to enact administrative rules. The measures also would block Evers from withdrawing Wisconsin from a multistate lawsuit challenging the Affordable Care Act, one of his central campaign promises.

The legislation imposes a work requirement for BadgerCare health insurance recipients, which Walker won federal approval to do earlier this year, and prevents Evers from seeking to undo it.

Attorney general restricted

It eliminates the state Department of Justice’s solicitor general’s office, which outgoing Republican Attorney General Brad Schimel used to launch contentious partisan litigation. Doing away with it ensures Democratic-Attorney General-elect Josh Kaul can’t use the office to challenge Republican-authored laws.

The bills also allow lawmakers to intervene in lawsuits, ensuring Republicans will be able to defend their policies and laws in court if Kaul refuses to do it. Kaul also would need approval from the Legislature’s budget-writing committee before he can reach any settlements, further increasing the power of that GOP-controlled panel.

The Republican-controlled Legislature introduced and passed the bills less than five days after unveiling them late on a Friday afternoon two weeks ago. Outraged Democrats accused the GOP of a power grab that undermined the results of the November election. Evers and others have argued Walker will tarnish his legacy by signing the bills, and Kaul has predicted multiple lawsuits challenging the legislation.

Republican legislative leaders countered that they were merely trying to balance the power of the executive and legislative branches. They said they wanted to ensure Evers must negotiate with them rather than issue executive orders to undo their policy achievements.

Republican Assembly Speaker Robin Vos said by signing the bills, Walker was “acknowledging the importance of the Legislature as a co-equal branch of government.”

Walker uses power new bills take away

Walker’s signing of the bills comes a day after he announced a $28 million incentive package to keep open a Kimberly-Clark Corp. plant in northeast Wisconsin. One of the lame-duck bills would prevent Evers from making such a deal, instead requiring the Legislature’s budget committee to sign off.

Trump Picks Mulvaney as Acting Chief of Staff  

Ending a sustained period of speculation, U.S. President Donald Trump on Friday named the head of the largest entity within his executive office to become his acting chief of staff, replacing retired Marine Gen. John Kelly. 

Mulvaney, a former Republican congressman from South Carolina and known as a fiscal hawk, besides running OMB has also been the head of the Consumer Financial Protection Bureau, which he scaled back.

Mulvaney tweeted about his new job: “This is a tremendous honor. I look forward to working with the President and the entire team. It’s going to be a great 2019!”

The position of White House chief of staff has traditionally been very important and powerful, akin to the chief operating officer of the country and gatekeeper to the Oval Office.

But the two men who have held the position in the Trump administration, Reince Priebus and Kelly, have found it frustrating. Their authority has been repeatedly undercut by the president, as well as other top administration officials, especially presidential daughter Ivanka Trump and her husband, Jared Kushner, both of whom hold senior positions in the West Wing.

It was unclear why Trump named Mulvaney as only acting chief of staff.

“There’s no time limit. He’s the acting chief of staff, which means he’s the chief of staff. He got picked because the president liked him — they get along,” a senior White House official said. 

 

‘That’s what the president wants’ 

Asked why Trump was implying Mulvaney’s time in the job might be only temporary, the official replied, “Because that’s what the president wants.”

Another senior administration official confirmed that “it’s what the president wants right now.” 

 

White House officials also said Trump chose Mulvaney because of his experience on Capitol Hill and his reputation for being fiscally responsible.

Later on Twitter, the president responded to media reports that there were few if any qualified candidates eager to take the high-stress position, especially a long-term commitment:

A senior official said that Kelly, who Trump earlier had announced would be leaving by the end of the year, was pleased with the choice of Mulvaney. 

“The current chief is happy. The current chief is fine. The current chief will stay till the end of the year,” the official said.

At first, White House officials said Russ Vought, currently the No. 2 official at OMB, would succeed Mulvaney as director there.

But later, White House press secretary Sarah Sanders said, “Mick Mulvaney will not resign from the Office of Management and Budget, but will spend all of his time devoted to his role as the acting chief of staff for the president. Russ Vought will handle day-to-day operations and run OMB.”

For weeks, there had been consistent and inaccurate media speculation as to who was likely to succeed Kelly, including Kushner; the vice president’s outgoing chief of staff, Nick Ayers; Treasury Secretary Steve Mnuchin; U.S. Rep. Mark Meadows of North Carolina; and former New Jersey Gov. Chris Christie.

Eventually, Ayers, Meadows and Christie all publicly said they were not interested in the job.

Although the Trump administration has a reputation for a higher rate of staff turnover than its predecessors, Kelly’s total time of 16 months in the job will not be unusually short in a high-stress position where two years is considered a decent run. Priebus lasted just six months.

With Mulvaney poised to take the job on an interim basis, Trump could have four chiefs of staff within a little more than two years.

In January 2012, then-businessman Trump harshly criticized then-President Barack Obama for having three chiefs of staff in less than three years, saying that was a reason the Democrat was not having success with his legislative agenda.

Trump Picks Mulvaney as Acting Chief of Staff  

Ending a sustained period of speculation, U.S. President Donald Trump on Friday named the head of the largest entity within his executive office to become his acting chief of staff, replacing retired Marine Gen. John Kelly. 

Mulvaney, a former Republican congressman from South Carolina and known as a fiscal hawk, besides running OMB has also been the head of the Consumer Financial Protection Bureau, which he scaled back.

Mulvaney tweeted about his new job: “This is a tremendous honor. I look forward to working with the President and the entire team. It’s going to be a great 2019!”

The position of White House chief of staff has traditionally been very important and powerful, akin to the chief operating officer of the country and gatekeeper to the Oval Office.

But the two men who have held the position in the Trump administration, Reince Priebus and Kelly, have found it frustrating. Their authority has been repeatedly undercut by the president, as well as other top administration officials, especially presidential daughter Ivanka Trump and her husband, Jared Kushner, both of whom hold senior positions in the West Wing.

It was unclear why Trump named Mulvaney as only acting chief of staff.

“There’s no time limit. He’s the acting chief of staff, which means he’s the chief of staff. He got picked because the president liked him — they get along,” a senior White House official said. 

 

‘That’s what the president wants’ 

Asked why Trump was implying Mulvaney’s time in the job might be only temporary, the official replied, “Because that’s what the president wants.”

Another senior administration official confirmed that “it’s what the president wants right now.” 

 

White House officials also said Trump chose Mulvaney because of his experience on Capitol Hill and his reputation for being fiscally responsible.

Later on Twitter, the president responded to media reports that there were few if any qualified candidates eager to take the high-stress position, especially a long-term commitment:

A senior official said that Kelly, who Trump earlier had announced would be leaving by the end of the year, was pleased with the choice of Mulvaney. 

“The current chief is happy. The current chief is fine. The current chief will stay till the end of the year,” the official said.

At first, White House officials said Russ Vought, currently the No. 2 official at OMB, would succeed Mulvaney as director there.

But later, White House press secretary Sarah Sanders said, “Mick Mulvaney will not resign from the Office of Management and Budget, but will spend all of his time devoted to his role as the acting chief of staff for the president. Russ Vought will handle day-to-day operations and run OMB.”

For weeks, there had been consistent and inaccurate media speculation as to who was likely to succeed Kelly, including Kushner; the vice president’s outgoing chief of staff, Nick Ayers; Treasury Secretary Steve Mnuchin; U.S. Rep. Mark Meadows of North Carolina; and former New Jersey Gov. Chris Christie.

Eventually, Ayers, Meadows and Christie all publicly said they were not interested in the job.

Although the Trump administration has a reputation for a higher rate of staff turnover than its predecessors, Kelly’s total time of 16 months in the job will not be unusually short in a high-stress position where two years is considered a decent run. Priebus lasted just six months.

With Mulvaney poised to take the job on an interim basis, Trump could have four chiefs of staff within a little more than two years.

In January 2012, then-businessman Trump harshly criticized then-President Barack Obama for having three chiefs of staff in less than three years, saying that was a reason the Democrat was not having success with his legislative agenda.

US Launches New Strategy for Africa

The Trump administration has unveiled a new strategy for Africa that’s focused on countering Chinese and Russian influence on the resource-rich continent. And the administration is demanding more accountability for American aid. Patsy Widakuswara has more from the White House.

US Launches New Strategy for Africa

The Trump administration has unveiled a new strategy for Africa that’s focused on countering Chinese and Russian influence on the resource-rich continent. And the administration is demanding more accountability for American aid. Patsy Widakuswara has more from the White House.

US Judge: Lawsuit Over Trump Travel Ban Waivers Will Proceed

A lawsuit accusing the Trump administration of denying nearly all visa applicants from countries under President Donald Trump’s travel ban will move forward, a U.S. judge said Thursday.

Judge James Donato heard arguments on the administration’s request that he dismiss the lawsuit. The case was “not going away at this stage,” he said at the close of the hearing.

The plaintiffs say the administration is not honoring a waiver provision in the president’s ban on travelers from five mostly Muslim countries — Iran, Lybia, Somalia, Syria and Yemen.

The U.S. Supreme Court upheld the ban in a 5-4 ruling in June.

The waiver provision allows a case-by-case exemption for people who can show entry to the U.S. is in the national interest, is needed to prevent undue hardship, and would not pose a security risk.

The 36 plaintiffs named in the lawsuit include people who have had waiver applications denied or stalled despite chronic medical conditions, prolonged family separations, or significant business interests, according to their attorneys.

They estimate tens of thousands of people have been affected by what they say are blanket denials of visa applications.

At Thursday’s hearing, Sirine Shebaya, an attorney for the plaintiffs, said officials considering the waiver requests are not following guidelines and are routinely denying people the opportunity to show they qualify for a visa.

Justice Department attorney August Flentje said consular officials are working “tirelessly” on visa applications using guidelines from the State Department. He said decisions on visas are beyond judicial review, and he accused plaintiffs’ attorneys of a “kind of micromanagement” of those decisions.

Donato said he did not have to consider any specific waiver decision, but more broadly whether officials were considering applications in “good faith” and not stonewalling.

Roughly two dozen opponents of the travel ban — some wearing stickers that read, “No ban, no wall,” — came to the courthouse for the hearing.

US Judge: Lawsuit Over Trump Travel Ban Waivers Will Proceed

A lawsuit accusing the Trump administration of denying nearly all visa applicants from countries under President Donald Trump’s travel ban will move forward, a U.S. judge said Thursday.

Judge James Donato heard arguments on the administration’s request that he dismiss the lawsuit. The case was “not going away at this stage,” he said at the close of the hearing.

The plaintiffs say the administration is not honoring a waiver provision in the president’s ban on travelers from five mostly Muslim countries — Iran, Lybia, Somalia, Syria and Yemen.

The U.S. Supreme Court upheld the ban in a 5-4 ruling in June.

The waiver provision allows a case-by-case exemption for people who can show entry to the U.S. is in the national interest, is needed to prevent undue hardship, and would not pose a security risk.

The 36 plaintiffs named in the lawsuit include people who have had waiver applications denied or stalled despite chronic medical conditions, prolonged family separations, or significant business interests, according to their attorneys.

They estimate tens of thousands of people have been affected by what they say are blanket denials of visa applications.

At Thursday’s hearing, Sirine Shebaya, an attorney for the plaintiffs, said officials considering the waiver requests are not following guidelines and are routinely denying people the opportunity to show they qualify for a visa.

Justice Department attorney August Flentje said consular officials are working “tirelessly” on visa applications using guidelines from the State Department. He said decisions on visas are beyond judicial review, and he accused plaintiffs’ attorneys of a “kind of micromanagement” of those decisions.

Donato said he did not have to consider any specific waiver decision, but more broadly whether officials were considering applications in “good faith” and not stonewalling.

Roughly two dozen opponents of the travel ban — some wearing stickers that read, “No ban, no wall,” — came to the courthouse for the hearing.

Report: Federal Prosecutors Probing Trump Inauguration Spending

Federal prosecutors are investigating whether U.S. President Donald Trump’s inaugural committee misspent some of the funds it raised, the Wall Street Journal reported Thursday, citing people it said were familiar with the matter.

The investigation opened by the Manhattan U.S. attorney’s office is examining whether some of the committee’s donors gave money in exchange for policy concessions, influencing administration positions or access to the incoming administration, the Journal said.

The probe could present another legal threat for Trump and his White House, which already faces a web of lawsuits and probes into subjects such as the Trump campaign’s contacts with Russia, hush-money payments to women made by the president’s former lawyer, and spending by Trump’s foundation.

The investigation into the inaugural committee partly stemmed from materials seized in a probe into the dealings of former Trump lawyer Michael Cohen, the Journal reported. Cohen was sentenced Wednesday to three years in prison for crimes including orchestrating the hush payments in violation of campaign laws.

A spokesman for the Manhattan U.S. attorney’s office declined to comment. Spokespeople for the White House and Trump’s campaign did not immediately respond to requests for comment.

Report: Federal Prosecutors Probing Trump Inauguration Spending

Federal prosecutors are investigating whether U.S. President Donald Trump’s inaugural committee misspent some of the funds it raised, the Wall Street Journal reported Thursday, citing people it said were familiar with the matter.

The investigation opened by the Manhattan U.S. attorney’s office is examining whether some of the committee’s donors gave money in exchange for policy concessions, influencing administration positions or access to the incoming administration, the Journal said.

The probe could present another legal threat for Trump and his White House, which already faces a web of lawsuits and probes into subjects such as the Trump campaign’s contacts with Russia, hush-money payments to women made by the president’s former lawyer, and spending by Trump’s foundation.

The investigation into the inaugural committee partly stemmed from materials seized in a probe into the dealings of former Trump lawyer Michael Cohen, the Journal reported. Cohen was sentenced Wednesday to three years in prison for crimes including orchestrating the hush payments in violation of campaign laws.

A spokesman for the Manhattan U.S. attorney’s office declined to comment. Spokespeople for the White House and Trump’s campaign did not immediately respond to requests for comment.

House GOP Leader: Government Shutdown Would Be ‘stupid’

House Majority Leader Kevin McCarthy says a looming government shutdown would be “stupid” but might be unavoidable if Democrats refuse to support President Donald Trump’s proposed border wall with Mexico.

The California Republican said Thursday that even if House Republicans cobble together enough votes to approve the wall, the plan is likely to fail in the Senate. Democrats in that chamber have vowed to block it from receiving the necessary 60 votes.

McCarthy said he thinks “going into a shutdown is stupid,” but he offered no immediate plan ahead of a December 21 deadline. The House adjourned for six days after his remarks.

McCarthy’s comments put him at odds with Trump, who said this week he’d be “proud to shut down the government” in the name of border security.

House GOP Leader: Government Shutdown Would Be ‘stupid’

House Majority Leader Kevin McCarthy says a looming government shutdown would be “stupid” but might be unavoidable if Democrats refuse to support President Donald Trump’s proposed border wall with Mexico.

The California Republican said Thursday that even if House Republicans cobble together enough votes to approve the wall, the plan is likely to fail in the Senate. Democrats in that chamber have vowed to block it from receiving the necessary 60 votes.

McCarthy said he thinks “going into a shutdown is stupid,” but he offered no immediate plan ahead of a December 21 deadline. The House adjourned for six days after his remarks.

McCarthy’s comments put him at odds with Trump, who said this week he’d be “proud to shut down the government” in the name of border security.

Pelosi: 4-Year Maximum in Speaker Post Is ‘a Long Time’

Rep. Nancy Pelosi shrugged off suggestions Thursday that she weakened herself by agreeing to limit her tenure as next House speaker to a four-year maximum, a deal that clears the way for her to be elected to the post for the new Congress.

“That’s a long time,” she said at a news conference a day after she and seven insurgents who’d been pushing for younger leadership announced their pact.

For weeks, the 78-year-old California Democrat had resisted opponents’ demands that she step aside or restrict how long she’d serve, saying limits would make her a lame duck and sap her bargaining clout. But on Wednesday she relented and struck a deal that all but guarantees she’ll be elected when the House votes on its new speaker on January 3.

“What, four years? No, I don’t think that’s a lame duck,” she told a group of reporters afterward.

Democrats widely agreed that the pledge meant Pelosi had clinched a comeback to the post she held from 2007 until January 2011, the last time her party ran the House and the first time the speaker was a woman.

Wednesday’s accord gives Pelosi a clear path to becoming the most powerful Democrat in government and a leading role in confronting President Donald Trump during the upcoming 2020 presidential and congressional campaigns.

It moves a 78-year-old white woman to the cusp of steering next year’s diverse crop of House Democrats, with its large number of female, minority and younger members.

The agreement also ends what’s been a distracting, harsh leadership fight among Democrats that has been waged since Election Day, when they gained at least 39 seats and grabbed House control for the next Congress. It was their biggest gain of House seats since the 1974 post-Watergate election.

Democrats have been hoping to train public attention on their 2019 agenda focusing on health care, jobs and wages, and building infrastructure projects. They also envision investigations of Trump, his 2016 presidential campaign and his administration.

To line up support, Pelosi initially resorted to full-court lobbying by congressional allies, outside Democratic luminaries, and liberal and labor organizations. She cut deals with individual lawmakers for committee assignments and roles leading legislative efforts.

But in the end, she had to make concessions about her tenure to make sure she’ll win a majority — likely 218 votes — when the new House votes. Democrats are likely to have 235 seats, meaning she could spare only 17 defections and still prevail if, as expected, Republicans all oppose her.

Pelosi had described herself as a transitional leader over the last several weeks. But she’d resisted defining how long she would serve as speaker, saying it would lessen her negotiating leverage to declare herself a lame duck.

On Wednesday, she gave in to her opponents’ demands that she limit her service. Under the deal, House Democrats will vote by February 15 to change party rules to limit their top three leaders to no more than four two-year terms, including time they’ve already spent in those jobs.

“I am comfortable with the proposal and it is my intention to abide by it whether it passes or not,” Pelosi said in her statement.

Pelosi’s opponents have argued it was time for younger leaders to command the party. They also said her demonization as an out-of-touch radical in tens of millions of dollars’ worth of Republican television ads was costing Democrats seats.

While some Democrats are still certain to vote against Pelosi — especially incoming freshmen who promised to do so during their campaigns — most Democrats have remained solidly behind her. She’s been a strong fundraiser and unrelenting liberal who doesn’t shy from political combat, and her backers complained that her opponents were mostly white men who were largely more moderate than most House Democrats.

Pressure to back Pelosi seemed to grow after she calmly went toe-to-toe with Trump at a nationally televised verbal brawl in the Oval Office on Tuesday over his demands for congressional approval of $5 billion for his proposed border wall with Mexico.

“We are proud that our agreement will make lasting institutional change that will strengthen our caucus and will help develop the next generation of Democratic leaders,” the rebellious lawmakers said in a written statement.

To be nominated to a fourth term under the agreement, Pelosi would need to garner a two-thirds majority of House Democrats. Several aides said they believed restlessness by younger members to move up in leadership would make that difficult for her to achieve.

The limits would also apply to Pelosi’s top lieutenants, No. 2 leader Steny Hoyer of Maryland and No. 3 leader James Clyburn of South Carolina. Both are also in their late 70s.

Rep. Ed Perlmutter, D-Colo., was among 16 Democrats who had signed a letter demanding new leadership but who ultimately helped negotiate the deal with Pelosi.

Joining Perlmutter in saying they would now back her were Democratic Reps. Seth Moulton of Massachusetts; Tim Ryan of Ohio; Bill Foster of Illinois; Linda Sanchez and Rep.-elect Gil Cisernos, both of California; and Filemon Vela of Texas.

Pelosi: 4-Year Maximum in Speaker Post Is ‘a Long Time’

Rep. Nancy Pelosi shrugged off suggestions Thursday that she weakened herself by agreeing to limit her tenure as next House speaker to a four-year maximum, a deal that clears the way for her to be elected to the post for the new Congress.

“That’s a long time,” she said at a news conference a day after she and seven insurgents who’d been pushing for younger leadership announced their pact.

For weeks, the 78-year-old California Democrat had resisted opponents’ demands that she step aside or restrict how long she’d serve, saying limits would make her a lame duck and sap her bargaining clout. But on Wednesday she relented and struck a deal that all but guarantees she’ll be elected when the House votes on its new speaker on January 3.

“What, four years? No, I don’t think that’s a lame duck,” she told a group of reporters afterward.

Democrats widely agreed that the pledge meant Pelosi had clinched a comeback to the post she held from 2007 until January 2011, the last time her party ran the House and the first time the speaker was a woman.

Wednesday’s accord gives Pelosi a clear path to becoming the most powerful Democrat in government and a leading role in confronting President Donald Trump during the upcoming 2020 presidential and congressional campaigns.

It moves a 78-year-old white woman to the cusp of steering next year’s diverse crop of House Democrats, with its large number of female, minority and younger members.

The agreement also ends what’s been a distracting, harsh leadership fight among Democrats that has been waged since Election Day, when they gained at least 39 seats and grabbed House control for the next Congress. It was their biggest gain of House seats since the 1974 post-Watergate election.

Democrats have been hoping to train public attention on their 2019 agenda focusing on health care, jobs and wages, and building infrastructure projects. They also envision investigations of Trump, his 2016 presidential campaign and his administration.

To line up support, Pelosi initially resorted to full-court lobbying by congressional allies, outside Democratic luminaries, and liberal and labor organizations. She cut deals with individual lawmakers for committee assignments and roles leading legislative efforts.

But in the end, she had to make concessions about her tenure to make sure she’ll win a majority — likely 218 votes — when the new House votes. Democrats are likely to have 235 seats, meaning she could spare only 17 defections and still prevail if, as expected, Republicans all oppose her.

Pelosi had described herself as a transitional leader over the last several weeks. But she’d resisted defining how long she would serve as speaker, saying it would lessen her negotiating leverage to declare herself a lame duck.

On Wednesday, she gave in to her opponents’ demands that she limit her service. Under the deal, House Democrats will vote by February 15 to change party rules to limit their top three leaders to no more than four two-year terms, including time they’ve already spent in those jobs.

“I am comfortable with the proposal and it is my intention to abide by it whether it passes or not,” Pelosi said in her statement.

Pelosi’s opponents have argued it was time for younger leaders to command the party. They also said her demonization as an out-of-touch radical in tens of millions of dollars’ worth of Republican television ads was costing Democrats seats.

While some Democrats are still certain to vote against Pelosi — especially incoming freshmen who promised to do so during their campaigns — most Democrats have remained solidly behind her. She’s been a strong fundraiser and unrelenting liberal who doesn’t shy from political combat, and her backers complained that her opponents were mostly white men who were largely more moderate than most House Democrats.

Pressure to back Pelosi seemed to grow after she calmly went toe-to-toe with Trump at a nationally televised verbal brawl in the Oval Office on Tuesday over his demands for congressional approval of $5 billion for his proposed border wall with Mexico.

“We are proud that our agreement will make lasting institutional change that will strengthen our caucus and will help develop the next generation of Democratic leaders,” the rebellious lawmakers said in a written statement.

To be nominated to a fourth term under the agreement, Pelosi would need to garner a two-thirds majority of House Democrats. Several aides said they believed restlessness by younger members to move up in leadership would make that difficult for her to achieve.

The limits would also apply to Pelosi’s top lieutenants, No. 2 leader Steny Hoyer of Maryland and No. 3 leader James Clyburn of South Carolina. Both are also in their late 70s.

Rep. Ed Perlmutter, D-Colo., was among 16 Democrats who had signed a letter demanding new leadership but who ultimately helped negotiate the deal with Pelosi.

Joining Perlmutter in saying they would now back her were Democratic Reps. Seth Moulton of Massachusetts; Tim Ryan of Ohio; Bill Foster of Illinois; Linda Sanchez and Rep.-elect Gil Cisernos, both of California; and Filemon Vela of Texas.