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Government Healthcare The Democratic Difference Whatever

Democrats: what exactly are you angry about?

People are angry because 8 Democratic Senators voted with Republicans to pass a continuing resolution and re-open the government. The measure now goes to the House where, if Johnson remembers where he left the key to open the doors, it’s likely to pass.

Democrats are furious with the Democrats who joined with the Republicans. Oh, not the Republicans for not negotiating with us. Not with Johnson for keeping the House shut down.

No, all the anger is directed at Senate Democrats, because they did not keep up the fight.

I can understand. I was pretty disappointed myself. I really wanted to see us push back on the harm Trump has been doing to the country; to show he’s not the boss of all of us. And I wanted us to help the millions of people who are about to lose their no longer affordable healthcare.

We ended up shutting the government down for 40 days and seemingly have nothing to show for it. Wow, Senate Democrats…you suck.

Except there’s a part of me that knows we had only two choices at this point: We could continue the government shut down until Trump gets his way, and the Senate Republicans kill the filibuster; or we could vote for the CR, without the healthcare subsidies. There are no other options.

We knew these were the only options when Schumer made his offer of a deal last week: that Democrats would drop all other demands in exchange for getting the healthcare subsidies. This was a good deal for Republicans. After all, a whole lot of Republican voters are now facing higher insurance costs, and the subsidies have overwhelming support with both Republicans and Democrats. The Republicans could also claim that they got Democrats to drop all other demands and re-opened the government.

But they didn’t take the deal. They not only didn’t take the deal, their faux outrage and instant rejection told us there was no deal Democrats could offer that Republicans would take. They wanted complete capitulation and they were willing to keep the government shut down as long as it took to get the Democrats to give up. To them, the greater harm was bipartisanship.

People keep talking about how Congressional Democrats don’t seem to understand how things have changed with Trump, and they have to change what they do to fight him. But we, on the outside of Congress looking in, also need to understand that things have changed. There’s a new math in play.

You have, on one side of an equation, us. On the other side, you have a group of people who only care about one thing: holding power. They don’t care about anything else.

They don’t care that we can’t afford healthcare. They don’t care if hungry people get fed. They don’t care if planes fly on time. They certainly don’t care that the federal government continues to function.

Once upon a time, they may have cared about these things, or a minimum, cared about the optics of voters not getting fed, not having healthcare, being able to safely travel, and have a functioning government. But people voted for Trump and he promised none of this, and this sent a message to today’s Republicans: the only thing that matters is holding power and the way to hold power is by pleasing Trump, and the best way to please Trump is hurting Democrats.

How to hurt Democrats? Well, basically, you hurt the people of this country: the more vulnerable the people, the better.

Nothing else matters.

So, wise and wonderful pundits who have been nammering for two days about the awful Democratic senators, how exactly do you negotiate successfully with a people who see no harm coming from doing nothing? No, let me rephrase the question: How exactly can you fight people like this without also harming the people of this country?

When you have a President and party in control that don’t give a damn about anything else but themselves, everything that we thought we knew about responsible governance goes out the door.

House Democrats can easily fight Republicans just by not voting for anything the Republicans want to pass, because we can be fairly confident that whatever they want won’t be any good. House Democrats can always dance on the side of angels.

Senate Democrats, though, are hindered by this thing called a filibuster, which requires 60 votes to pass anything in the Senate. It’s an outdated, outmoded idea that invariably harms the Democrats, and frankly, the people of this country, more than it constrains the Republicans. We should have dumped it when we had a chance, but didn’t.

But, we still have the filibuster. And because we do, Senate Democrats have basically two choices from now on: either a small subset throws themselves on the sword and votes to continue funding the government and keeping it functioning; or they all go for broke—do nothing for potentially several months, until Trump bullies Senate Republicans into dropping the filibuster to end the shutdown.

Either choice has consequences. Funding the government means people will lose healthcare. But not funding the government until the Republicans decide to blow up the filibuster means people still don’t have affordable healthcare, but we also have a badly broken government from being nonfunctioning for so long, and a severely harmed vulnerable population. And Senate Republicans can finally do the things they’ve wanted to do but couldn’t because of the filibuster:

  • Make it difficult to vote
  • Make life hell for the trans community
  • Kill or maim the Affordable Care Act
  • Starve SNAP, and diminish Medicaid even more
  • Attack vaccines, prohibit abortions nationally, and kill birth control
  • Cut taxes even more for the wealthy
  • Destroy most government functionality, particularly the components that regulate commerce and industries
  • Undermine academic freedom
  • Expand the military and federal police organizations
  • Push up the age in which a person can access Social Security and Medicare

Well, the list goes on. All you have to do is listen to the Trump administration folks and Congressional Republicans on Sunday talk shows to see the world they want to create. Or re-read the Project 2025 manifesto.

I used to think that Republicans had enough survival instincts to know that doing all of this will ultimately result in them losing power, but…people voted for Trump a second time. We no longer live in a rational universe.

As much as I think the filibuster harms Democratic goals, thank goodness we have it now.

Once the Republicans turned down the Schumer proposal, we knew there was nothing we could offer that the Republicans wanted. Their entire purpose now is to please Trump, because they see this as the way of holding onto power. And Trump has no problems inflicting maximum harm on the country to get his way, and his way is total domination of Democrats and complete subjugation of the country.

Other than being annoyed because nasty journalists keep asking him questions about it, Trump could care less that the country is shut down. It doesn’t stop him from building monuments to himself. It doesn’t stop his migrant pogrom. It certainly doesn’t stop him funding what he wants to fund, regardless of what Congress does.

It might be satisfying to keep the government shut down because it gives us the illusion we hold Congressional power, but we really don’t. Not unless we’re willing to sacrifice people who need food, who need to be paid, who are under threat of losing cars and homes, because of the shutdown.

The power we do have is our resistance, but never to the point of harming people who don’t deserve to be harmed. But, we can resist much in Congress without harming folks, and we should. We can resist much in the streets, and we will. We can resist when we vote, and we must.

Most importantly, we can remember exactly who it is we are resisting, and never let the pundits tell us otherwise.

When voters see their healthcare double at the end of the year, it won’t be because of a choice eight Democrats made, but because this is the choice 52 Republicans made. When people get their SNAP benefits, federal workers get their jobs back and get paid, and the country is functioning again, it won’t be because 52 Republicans voted, but because eight Democrats did.

Categories
Political

No Kings: Inflatable costumes and Georgia anti-mask laws

Portland showed us the way in how to fight against the lawlessness that now characterizes ICE and related federal activities: the Portland frog. More specifically, the wearing of inflatable costumes depicting a frog, unicorn, or other whimsical character.

Who can forget the image of Kristi Noem on top of the federal building, sternly looking down…at a man dressed as a chicken.

By wearing silly costumes, the protesters shattered the picture Republicans have attempted to draw: that the protests are violent acts of terrorism against the government. There is no more powerful an image of the recent protest than that of military garbed anti-riot police lined up against one man in a frog costume; no more chilling video than that showing police running out into the street and violently grabbing a man dressed as a giraffe and singing.

Now Republicans are attempting to paint the No King’s protests set for October 18th, as protests led by terrorists and violent Antifa with a capital ‘A’; that the protesters ‘hate’ America.

In the last No King’s protest, people carried the US flag to end the lie about protesters hating America. If anything, the people in the No King’s protests love this country more than the Republican leaders making negative claims, because this country came about as protest against a king and hence the name of the protests. These Republican leaders, on the other hand have all but ceded any and all authority to Trump: making him a king in all but name.

October 18th, the US flag will be carried again, but this time, in a nod to Portland, protesters will also be wearing costumes, including inflatable ones. I, myself, have encouraged protesters to do so in the Savannah protests.

However, yesterday we were reminded of Georgia’s Anti-mask law, and the fact that several states have anti-mask laws of one form or another. Georgia’s anti-mask law reads as follows:

  1. A person is guilty of a misdemeanor when he or she:
    1. Wears a mask, hood, or device by which any portion of his or her face is so hidden, concealed, or covered as to conceal his or her identity;
    2. Is upon:
      1. Any public way or public property; or
      2. The private property of another without the written permission of the owner or occupier of such private property to do so; and
    3. Intends to conceal his or her identity.
  2. Without limiting the generality of subsection (a) of this Code section, no person shall be guilty of violating this Code section by:
    1. Wearing a traditional holiday costume on the occasion of the holiday;
    2. Lawfully engaging in trade and employment or in a sporting activity where a mask is worn for the purpose of ensuring the physical safety of the wearer or because of the nature of the occupation, trade, profession, or sporting activity;
    3. Using a mask in a theatrical production including use in Mardi gras celebrations and masquerade balls;
    4. Wearing a gas mask prescribed in emergency management drills and exercises or emergencies; or
    5. Wearing a mask for the purpose of complying with the guidance of any health care agency or health care provider to prevent the spread of COVID-19 or other coronaviruses or influenza or other infectious diseases.

The anti-mask law was used to arrest someone in the first No Kings protest, and that person was wearing a mask for medical reasons—a legal use of masks. Another was also arrested for wearing a keffiyeh, a traditional Arabic scarf. What would happen if several people show up wearing inflatables? Will the SWAT team be called out?

It is possible that the Savannah police will decide that the inflatables don’t violate the anti-mask laws. But considering what happened in the last protest, there is a very good chance they will attempt to ticket or arrest costumed protesters. Before they do, though, a reminder to them and us that the intentions behind the mask wearing matter.

The protesters wearing inflatable and other costumes on Saturday are doing so to undermine the vicious and unwarranted claims being made by Republicans leaders and Trump. They are doing so as a matter of peaceful protest and therefore doing so is protected by the First Amendment.

Don’t take my word for it: take the word of the Georgia Supreme Court.

First, it’s important to know why Georgia and other states have a anti-mask law. They primarily came about because of the Klu Klux Klan, where the mask was seen as a threat, and an act of intimidation, as well as hiding the identity of people engaged in criminal acts of terror. As such, we can appreciate why it exists.

However, there are important limitations to enforcement of this law. They were spelled out by the Georgia Supreme court in the case of State v. Miller. In this case, a Klu Klux Klan member was arrested for wearing his mask, and then sued stating that Georgia’s anti-mask law was overbroad and unconstitutional.

The Georgia Supreme Court ruled that, in the case of Miller, his First Amendment rights were not violated, as he was free to wear the other components of the Klan regalia. They also noted why the anti-mask law was enacted.

The Court noted that, in 1951, when the statute was passed, there was a period of increased harassment, intimidation and violence against minorities that was perpetrated by Klansmen and other “hate organizations.” Further, during much of this violence and intimidation, the perpetrators wore masks, which prevented the victims from being able to identify the suspects. In fact, the sponsor of the anti-mask statue testified before the General Assembly, that the “mask-wearing had helped to create a climate of fear that prevented Georgia citizens from exercising their civil rights.

The court stated:

In conclusion, we hold that the Anti-Mask Act proscribes mask-wearing conduct that is intended to conceal the wearer’s identity and that the wearer knows, or reasonably should know, gives rise to a reasonable apprehension of intimidation, threats or impending violence. So construed, the Act passes constitutional muster.

And

[T]hese interests are in no way related to the suppression of constitutionally protected expression. The statute is content-neutral. It proscribes a certain form of menacing conduct without regard to the particular message of the mask-wearer. To the extent that the statute does proscribe the communicative aspect of mask-wearing conduct, its restriction is limited to threats and intimidation, which is not protected expression under the First Amendment.

To the extent that the statute does proscribe the communicative aspect of mask-wearing conduct, its restriction is limited to threats and intimidation, which is not protected expression under the First Amendment.

This is the most important component of the anti-masking laws: that wearing a mask is done so either to intimidate or threaten, or to conceal identity during a criminal act.

Ultimately, for police to enforce the anti-mask law the mask wearing must meet four criteria:

The person must be wearing:

(1) A mask, hood, or device to cover any portion of the face;

(2) Such that the person’s identity is concealed;

(3) The person is on a public way or private property without permission of owner or occupier of the property; and

(4) The person is concealing their identity under circumstances that the person knows or should know that mask, hood or cover, causes reasonable apprehension of intimidation, threats or impending violence.

It is legal under anti-mask laws of Georgia to wear a mask or inflatable costume during a protest if doing so is, itself, an expression of free and lawful speech and is not done so to conceal one’s identity in order to  frighten or intimidate.

Since No Kings protesters are wearing costumes to counter the claims made by Republicans that the protesters are ‘violent’ and ‘hateful’ people, their masks are worn for the exact opposite reason as those not allowed under Georgia’s anti-mask laws: they’re worn to project peace and reassurance while still representing resistance. Though even being naked may be scary to some Republicans, the majority of people of good and common sense can differentiate between an intimidating mask, and a silly one.

The Savannah police ticketing or arresting any protester wearing a non-intimidating or non-threatening costume during peaceful protest is in violation of their Constitutional rights, as reinforced by Georgia’s own Supreme Court—something city leaders should be making plain to the police in all districts in the state.

So, wear that rainbow unicorn or frog or lion costume and be joyous as well as resolute in your protest that our country will not tolerate a king.

Categories
Legal, Laws, and Regs People Political

Don’t condemn the regular police in Chicago and Portland

Folks were upset when Illinois State Police showed up at an ICE protest in Chicago. Some questioned why Pritzker would do so. Were the state police now siding with ICE?

The answer to why the ISP showed up can be found in federal judge’s ruling about the federalization of Oregon National Guard in Portland. In her decision, in page after page, Judge Karin Immergut detailed what exactly is happening on the streets of Portland, and how any protest that crossed the line, no matter how minor, was met and handled by the local police, without any needed assist from any other party.

Judge Immergut wasn’t just stopping the seeming military takeover of our cities, she was also providing a guide in how cities and states can ensure that military incursions can be avoided: by having local and state police present at any ICE protest. Not only can the local police ensure that no laws are broken, their presence should also, hopefully, prevent some of egregious violence that federal police and ICE have been inflicting on law-abiding protestors.

In addition, local and state police can act as witness, providing a true recounting of events rather than that slop being fed to the press from DHS.

It’s also important for protests to stay peaceful and nonviolent. Even traditional nonviolent forms of civil disobedience, such as sitting in streets, should be avoided because there is nothing Trump, Noem, and their bully boys want more than to bash in liberal heads, and cry ‘assault’ when some protester’s face meets their fists.

These aren’t normal times. We cannot expect the federal government to act lawfully, or with anything resembling reasonable control. We have to assume in each and every incidence of protester meeting feds that the feds will unleash violence: pushing, shoving, shooting tear gas and non-lethal projectiles into any group of assembled people.

We want local and state police there…as long as they remember that the feds are not their brothers in arms: they are an invasion of people seeking to harm the people the local police have sworn to protect.

Categories
Government Health Insurance Healthcare

Dear Buddy Carter: Health Care Premium subsidies help people

Buddy Carter, why do you persist in sending lies in your Congressional newsletter? Isn’t the purpose of these newsletters to inform rather than misinform?

Your recent newsletter takes aim at Democrats during the shutdown. You claim that Democrats are keeping the government shutdown in order to provide subsidies for healthcare for undocumented migrants.

You wrote:

Democrats, including Schumer and Jon Ossoff, have now voted for the fourth time to shut down the government, demanding $1.5 trillion in new partisan spending, including nearly $200 billion in taxpayer-funded health care for illegal immigrants.

That partisan spending you’re talking about, is subsidies necessary to keep Affordable Care Act insurance policies affordable for primarily middle class US Citizens and lawfully present migrants. These subsidies were passed into law during the COVID epidemic but now they’re terminating at the end of 2025. This will drive up the cost of health insurance policies for US citizens and lawfully present migrants by an average of 114%. That’s well over double, which most US Citizens and lawfully present migrants can’t afford.

I keep repeating US citizens and lawfully present migrants, because the Affordable Care Act provides health insurance for US Citizens and lawfully present immigrants, only, as this fact check carefully notes.

Now, there is a law, called the Emergency Medical Treatment and Labor Act (EMTLA), signed into law by Ronald Reagan decades ago that does allocate a small amount of Medicaid funds to reimburse hospitals for treating anyone and everyone in an emergency life-saving scenario regardless of the person’s status. So, if an undocumented migrant shows up at the hospital with his hand cut off because he’s operating machinery no US citizen wants to operate, the ER has to save his life.

Now, I realize that you may prefer that this person die. I hope, though, as a country we’ve not fallen so far as to wish death on people in this country solely because of the promise of an American dream.

Regardless of the moral ambiguity of letting people die in the street, what the Democrats are pushing for has nothing to do with the EMTLA and everything to do with helping middle class folk, like your voters, afford the premiums for healthcare.

Of course, you think of me as a screaming radical leftist and therefore beneath your interest, even though you are my elected representative, which means you’re supposed to represent people like me. Still, because of your partisan approach to leading,  you may discount what I say. Well, that’s fine. So let’s look to someone else who you might find worth your time.

Let’s look to the insurance commissioner for the state of Georgia, who has joined with other insurance commissioner of every single state, in sending to Congress several letters, including the latest, pleading with Congressional members like yourself, to please continue the ACA subsidies.

For more than a year, NAIC has voiced its strong support for continuation of the enhanced premium tax credits for Marketplace coverage. The enhanced credits expire at the end of this year, but health insurance premiums for 2026 must be finalized much sooner. Health insurers have already filed their initial rates for 2026, and state regulators are poised to give them final approval in the coming weeks. We must complete this action soon in order to make plans available for the annual Open Enrollment Period that begins on November 1. Without an extension of the enhanced credits in September, insurers and marketplaces will begin to notify over 20 million consumers in all 50 states of major premium increases in
a matter of weeks.

Contrary to what Speaker of the House Johnson implies by continuing to cancel House sessions, there is an urgency to renew these subscriptions now, before it’s too late. As North Dakota’s—note, North Dakota…not a screaming leftist liberal state—insurance commissioner notes:

Democratic lawmakers say extending enhanced premium tax credits is urgent, with open enrollment weeks away. Republican lawmakers say there’s time to negotiate over a policy later, since the subsidies expire in December.

 

Who’s right?

 

“The window is rapidly closing,” says Jon Godfread, North Dakota’s insurance commissioner. He says the enhanced subsidies need to be extended before open enrollment starts Nov. 1. “Let’s do this now.”

 

If lawmakers miss that deadline, he says, “it’s going to be really, really challenging to go back [to consumers] and say, ‘OK, now we fixed it, please come back and shop at this market that you were priced out of.’ I just don’t believe consumers are going to do that.”

Again, this is about renewing the healthcare subsidies that impact on the people you represent: voters in the state of Georgia.  It is not, as you stated in your newsletter, about healthcare for undocumented immigrants. This is a lie, and you know this is a lie. It’s not as egregious as the lie Ryan Zinke told, with his claim that Democrats are somehow trying to kill the $50 billion dollar rural healthcare fund recently passed, but it’s still a lie.

And the sad thing for you is, if you don’t do something now, if Johnson doesn’t stop shutting down the House and actually work with the Democrats, people will know November 1 that you all lied.

Categories
Government

The best outcome for this shutdown tug of war: the end of the filibuster

Have you ever played tug of war? If so, you recognize what’s happening in Congress right now. Republicans pulling, Democrats pulling, and here we are: stuck in the middle, again.

Shutdowns for the government are never a good thing. Our country should have eliminated the possibility a long time ago. However, this particular shutdown is far worse than any others primarily because of how Trump has weaponized the shutdown. If he and his administration aren’t violating the Hatch Act on a daily basis, Trump and his Project 2025 minion, Vought, are using the shutdown as an excuse to decimate even more of the government.

We would think that Congressional members would be busily negotiating an end to the shutdown, but Speaker of the House Mike Johnson won’t even convene the House for other business, much less working to resolve the shutdown. To me, this proves that Republicans are less interested in getting the government up and running, and more interested in pandering to our newest SCOTUS-appointed King, Trump.

Which leads me to what I think is the best possible outcome for this shutdown and that’s for Thune to finally blow up the filibuster and allow a party-line vote on resuming operations.

It would be nice to get healthcare for the citizens of this country, but Republicans have shown that little things like feeding the hungry and caring for the sick are not as important as building a ballroom for the President and striking a new coin in his image.

From both Johnson and Thune we’ve seen nothing but disinterest on ending the shutdown. However, at some point, critical functionality like paying for all those $50,000 bonuses for new ICE goons will shake them out of their Fox-headlight dazed stare and require them to actually Do Something.

They may realize that causing millions of taxpayer health insurance premiums to double in price could actually impact on their elections next year. It may actually also dawn on them that all the government cuts Trump is gleefully making are harming people that vote for them. And they may decide to toss Democrats a bone, and Democrats, knowing the hurts caused by the shutdown, may grab the bone. But I hope they don’t.

The best of all outcomes from this shutdown is to force Thune to blow away the 60-vote threshold to advance legislation.

While this seems like a win for Republicans, why do I consider this a win for Democrats? After all, this removes the last bit of power Democrats have in Congress.

The 60-vote threshold requires that at least eight Democrats cross over to help Republicans pass legislation. The Republicans then can claim at some future time—when their bad legislation hits Americans—that the bills passed with ‘bipartisan’ support. And the media will find someway, somehow, to twist the pretzel that now passes for ‘journalism’ and decide not only are Democrats partially to blame, they’re solely to blame.

After all: how many times have we read in the past that this or that is really the fault of Democrats, no matter who instigates the action and no matter how little Democrats have a say? Even now, when Democrats don’t control any part of the government, the White House and Congressional Republicans are saying the fault lies solely with the Democrats.

If the filibuster is gone, everything from this point on is solely and wholly owned by Republicans. And while there might be some positive legislation passed under complete Republican constrol, with this President and this Congress a lot of ugly will pass through the hallowed (or is that hollowed?) Congressional halls.

For once, Democrats won’t be around to clean up the mess Republicans make, and maybe this time, voters will actually wake up long enough to see it.

Best of all, we would no longer have to depend on Chuck “Everything’s fine” Schumer to eliminate the filibuster when the Democrats do finally get the Senate. And we’ll need to destroy the filibuster at that point if we have any hope of repairing even half the damage Trump, SCOTUS, and Congressional Republicans have done and will continue to do to this country in the next few years.

Sometimes the only way to ‘win’ at tug of war, is to just let go of the rope and let your opponent fall on their asses.

cover image, courtesy of Wannapik Studio