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Federal Judge Rules Obamacare Unconstitutional, Handing Texas an Early Win

Fort Worth U.S. District Judge Reed O’Connor ruled that the individual mandate — a critical component of Obamacare — is unconstitutional, rendering the rest of the law invalid as well.

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Dr. Javier Saenz treats a patient in his clinic in the Rio Grande Valley town of La Joya. Photo credit: Reynaldo Leal / Texas Tribune.

This article originally appeared in The Texas Tribune

In a ruling that could throw the nation’s health care system into chaos, Fort Worth-based U.S. District Judge Reed O’Connor on Friday ruled that a major provision of the Affordable Care Act is unconstitutional — and that the rest of the landmark law must fall as well.

In February, a Texas-led coalition of 20 states sued the federal government to end the health care law in its entirety, arguing that after Congress in December 2017 gutted one of its major provisions, the rest of the law was unconstitutional. The U.S. Supreme Court had upheld the law because its individual mandate — a financial penalty for not having insurance — could be interpreted as a tax. But after Congress set that tax at $0, the Texas coalition claimed the rest of the law no longer had “constitutional cover.” 

O’Connor sided with Texas, ruling that the individual mandate was rendered unconstitutional. That portion of the law, he argued, is not severable from other provisions, and so the rest of the law must fall. 

Texas Attorney General Ken Paxton cheered the decision in a statement. 

“All Americans will again have greater choice about what health coverage they need and who will be their doctor,” the Republican said. 

O’Connor’s ruling comes a day before the deadline to enroll in a health plan through the insurance exchange created under the law. 

That could cause unnecessary confusion for consumers, said Stacey Pogue, a health care expert with the left-leaning Center for Public Policy Priorities

“But that confusion or anxiety shouldn’t stop people from signing up who need health care,” Pogue said. “This is just the very first step. The lawsuit will go on for a very long time. Open enrollment ends tomorrow.” 

A White House statement said that the law will remain in place pending the appeals process. 

A counter-coalition of states led by California, which stepped in to argue the case when the federal government sided partially with Texas, panned the decision. 

A spokeswoman said the California Attorney General’s Office will immediately appeal. 

“Today’s ruling is an assault on 133 million Americans with preexisting conditions, on the 20 million Americans who rely on the ACA’s consumer protections for healthcare, on America’s faithful progress toward affordable healthcare for all Americans,” said California Attorney General Xavier Becerra. “The ACA has already survived more than 70 unsuccessful repeal attempts and withstood scrutiny in the Supreme Court. Today’s misguided ruling will not deter us: our coalition will continue to fight in court for the health and wellbeing of all Americans.” 

Rob Henneke, general counsel for the Texas Public Policy Foundation and an attorney on the Texas side of the case, described the ruling as “a historic win.” 

“Obamacare’s been broken long before it was struck down by the court,” Henneke said in an interview Friday evening. “It’s time to now work toward solutions that can actually provide health care, doctor choice and affordability for Americans.” 

Henneke added that the case is likely to end up before the U.S. Supreme Court. The coalition’s suit was filed on behalf plaintiffs who said they were burdened by Obamacare 

This is not Texas’ first lawsuit targeting Obama’s signature health care law, though it is the most sweeping. The lawsuit, which now involves most states in the country on one side or another, also has emerged as a political issue in dozens of states. If successful, the lawsuit would end Obamacare’s protections for individuals with pre-existing conditions like diabetes or asthma — a group of about 130 million people across the nation. Democrats have focused on that provision, arguing that their conservative foes are failing to protect the country’s most vulnerable. 

Legal scholars — even some conservatives who oppose the law — have nonetheless called Texas’ argument unconvincing. 

The argument that the whole law should be doomed by problems with one provision is “a massive stretch,” Ilya Somin, a constitutional scholar at George Mason University who filed an amicus brief in the case, told The Tribune in August. 

Some have pointed to O’Connor as an advantageous decider for Texas. An appointee of President George W. Bush, O’Connor has ruled against Obamacare several times and is perhaps best known for for blocking Obama-era guidelines directing public schools to allow transgender students to use bathrooms that align with their gender identity. 

Timothy Jost, an emeritus professor at Washington and Lee University who has studied Obamacare and its legal battles extensively, called Friday’s ruling “an ideological opinion” that is “unmoored in law.” 

“This is breathtaking in its sweep, and I think O’Connor has no idea what he’s doing,” Jost said Friday. “This is going to get thrown out. But I also think it’s timed to cause maximum chaos.” 

The Texas Tribune is a nonpartisan, nonprofit media organization that informs Texans — and engages with them – about public policy, politics, government and statewide issues.

Emma Platoff is a breaking news and civil courts reporter at The Texas Tribune, where she started as a fellow in 2017. She is the first to fill either role. A recent graduate of Yale University, Emma is the former managing editor of the Yale Daily News and a former intern at The Philadelphia Inquirer and the Hartford Courant.

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Houston Judge Tosses Same-Sex Marriage Benefits Challenge; Plaintiffs Pledge to Appeal

A newly elected Democratic judge issued the decision in the latest turn of a 2013 legal challenge to Houston’s policy extending benefits to municipal employees’ same-sex spouses.

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Herbert Clayson Cloete and Mark Chavez smile as they watch officiant Jodie Flint sign their marriage license in Austin, days after a landmark U.S. Supreme Court ruling extended marriage rights to same-sex couples in 2015. Photo courtesy Tamir Kalifa/The Texas Tribune

This article originally appeared in The Texas Tribune

A Houston judge has thrown out the six-year-old lawsuit a pair of Houston taxpayers filed to keep the city from paying spousal benefits to the same-sex spouses of municipal employees. But the long-running legal saga is long from over, according to the side that was handed a loss this week.

The lawsuit dates back to 2013, when pastor Jack Pidgeon and accountant Larry Hicks sued the city to end the policy. In 2015, after the U.S. Supreme Court handed down the landmark Obergefell ruling that opened up marriage rights to same-sex couples in all states, Pidgeon and Hicks continued to pursue the lawsuit, arguing that the decision did not extend to the right to city spousal benefits.

In June 2017, the Texas Supreme Court agreed, ruling unanimously that while same-sex marriage had been made legal, there is still room for state courts to explore the “reach and ramifications” of the landmark Obergefell ruling. The all-Republican high court sent the case back to a Houston trial court for further consideration.

Nearly two years later, Judge Sonya Heath on Monday threw out the case, ruling for Houston in what the city has touted as a major win.

“This is a victory for equality, the law of our nation and human rights,” Houston Mayor Sylvester Turner said in a statement Thursday evening. “I thank our Legal Department for its diligent work defending common sense and fairness, and I’m glad we get to continue the policy established by the city 6 years ago.”

Still, that win won’t go unchallenged. Jared Woodfill, the lawyer who represents Pidgeon and Hicks, said Thursday night that his clients will appeal the ruling — and that he expects the case to land again before the Texas Supreme Court and that it could eventually be decided by the U.S. Supreme Court.

The case is one of the earliest headline rulings from a Houston judiciary that saw a major Republican rout in the 2018 elections. Heath, a Democrat, was elected as part of that sweep — a fact Woodfill highlighted, noting that under a Republican trial judge, his clients’ arguments had won more favor.

But other changes to the country’s judiciary may work to his clients’ advantage, Woodfill suggested, referring to President Donald Trump’s two appointees to the nation’s highest court.

“Just like the trial court has changed in the interim, the U.S. Supreme Court has changed — now we have [Justice Neil] Gorsuch on the court, now we have [Justice Brett] Kavanaugh on the court,” he noted. “It’s going to be interesting.”

The Texas Tribune is a nonpartisan, nonprofit media organization that informs Texans — and engages with them – about public policy, politics, government and statewide issues.

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Austin

Gay Couple Attacked in Dowtown Austin

Austin Police confirmed that all four suspects in the January 19 attack against Spencer Deehring and Tristan Perry are now in custody.

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Attack victims Spencer Deehring (left) and Tristan Perry (right). Attack suspects Frank Macias (center top left), Quinn O'Connor (center top right), Miguel Macias (center bottom left), and Kolby Monell (center bottom right).

A gay couple in Austin were hospitalized after being attacked and beaten unconscious by a group of five men in downtown Austin early Saturday morning. The men say they were targeted because of their sexual orientation telling KXAN that they believe their attackers were set off by seeing the couple holding hands.

Night Out

Spencer Deehring and Tristan Perry were out Friday night with a group of friends, celebrating a friend’s birthday, stopping by several downtown bars. The couple told KXAN that they only had a couple drinks early in the night. Since they had drove downtown, they wanted to be sober when the night ended.

The Attack

The men say they left Rain on 4th at approximately 2:20 AM Saturday morning and were walking to their car, hand-in-hand, when a man passed them and directed a homophobic slur at the couple. Deehring responded by saying, “I’m sorry, I couldn’t hear you.” That was when the man called out to four other people, who had been out of sight, and motioned for them to come over.

The group of attackers began to follow Deehring and Perry, verbally assaulting the couple with expletives as they continued the walk to their car. “The last thing I said to one of the guys before they attacked both of us was like, ‘I don’t have anything more to say to you guys, we’re just going home, leave us alone’,” Deehring told KXAN.

It was then that one of the attackers punched Perry in the face, breaking his nose. As he dropped to his knees, two of the other assailants stepped up and continued to attack Perry, hitting and kicking him until he was unconscious, including a kick to the back of the head by one of the attackers.

“The last blow he took was an extremely long kick to the back of his head, so, at that point, I thought he was dead. I thought that that kick alone had killed him and so, when he was just lying there, my first instinct kicked in to kind of just charge at the guy that kicked him because I wanted to create some kind of diversion,” Deehring told Fox 7.

Deehring immediately tried to tackle the men attacking Perry. “That was my first reaction, was to stop them from kicking him because he couldn’t receive one more blow to the head or he may well have been dead,” he told KXAN. He himself was knocked unconscious by the attackers.

A bystander who witnessed the attack called 911 and waited with the couple until police and EMS arrived, which Deehring estimated took 20 minutes. He noted that had it not been for the bystander, the attack may have continued and their injuries more severe.

Their Injuries

The couple was transported to Dell Seton Medical Center at the University of Texas at Austin where they were treated and hospitalized for their injuries. Both men have since been released.

Last night I was a victim of a brutal hate crime. I was beaten and called a “faggot” as well as numerous other terms…

Posted by Spencer Deehring on Saturday, January 19, 2019

Deehring’s injuries included a concussion, lacerations on his forehead, swelling to his mouth and jaw, and bruising from blows to the back of his head and neck.

The focus of the initial assault, Perry sustained more extensive injuries, including a concussion, lacerations to the back of his head, a broken nose, busted lip, chipped teeth and suffered from swelling in his face, pain in his neck and back and needed stitches over his eye. He also reported some memory loss from the head injuries he sustained. He was readmitted to the hospital Sunday for persistent bleeding, but has since been released.

last night my boyfriend and i went out for a drink with some of his friends, and unfortunately when he and i were…

Posted by Tristan Perry on Saturday, January 19, 2019

Details

The original account to KXAN had the couple leaving Rain on 4th at approximately 2:45 AM and the following attack occuring near 7th and Red River streets. In their interview with FOX 7, the couple said they left Rain on 4th at approximately 2:20 AM and the attack happened near 4th and Guadalupe streets.

According to the Austin Police Department, the incident occured at 3rd Street and Congress Avenue just before 2:30 AM and the bystander’s 911 call was pinged from an address near West 4th Street. Deehring said police told him his misremembering the location of the attack was likely a result of the concussion he sustained from head trauma during the attack. Rain on 4th confirmed the couple exited that bar at 2:18 AM.

A request to the Austin Police Department for a copy of the police report from the night of the attack was denied by the department. “The requested information pertains to ongoing criminal investigation. The detective assigned to this investigation has advised that the release of the requested information would interfere with this ongoing investigation,” said the City of Austin’s Law Department in a letter to the Texas Attorney General’s office asking for a decision from the Attorney General as to whether this information is within an exception to public disclosure. “Accordingly, it is the department’s position that the release of information pertaining to this investigation would interfere with the detection, investigation, or prosecution of crime, and the department seeks to withhold the information represented by the enclosed records under Section 552(a)(1).”

The couple are encouraging others to be cautious when they’re out and to not travel alone, and that they plan to keep going out and being affectionate in public.”Spread love, end all this hatred, end all this closed-mindedness always watch your surroundings, always be aware of your surroundings, don’t walk alone,” Perry told KXAN, with Deehring adding, “Be aware of your surroundings, but don’t change who you are as a person, don’t ever change who you are as a person and don’t be afraid to go out there and explore the world, just as you are. We’re gonna do that too.”

The couple have set up a GoFundMe campaign to help cover medical expenses.

Search for the Attackers

The couple hope the police will find and prosecute the attackers. According to Deehring, police have surveillance video from the night of the attack showing them walking down 3rd Street and Congress Avenue. Police are using the video to track down the assailants involved in the attack.

“They have so many people working on this. Multiple supervisors, multiple people checking cameras,” Deehring told KXAN. “It’s good to hear APD is doing everything they can and are taking it very seriously.”

They are also asking that the bystander who called 911 to come forward to participate in the investigation

Rewards

The owners of Rain on 4th and Oilcan Harry’s are offering a $5,000 reward for any new information which leads to an arrest in connection with the attack.

The Owners of Rain on 4th and Oilcan Harry’s are offering a $5,000 reward for any new information which leads to an arrest in connection with the Hate-Crime attack against Spencer Deehring and Tristan Perry on the early morning of Saturday, January 19th in downtown Austin.

For too long gay-bashings have threatened our community. Historically and still to this day establishments like ours have provided sanctuary and security from these incidents. At Rain on 4th and Oilcan Harry’s we strive daily to provide a safe and tolerant environment for our community, and our actions do not stop at our doors. We will not stand by when our customers and community members are brutally assaulted simply for expressing their love.

Rain on 4th has been in contact with Mayor Adler’s office as well as Police Chief Manley and Assistant Chief Newsom. We will continue to coordinate resources and actions to help ensure this crime is fully investigated and prosecuted. We are also working together on community safety measures to ensure we send a strong message that threats in the warehouse district will not be ignored.

Anyone having information concerning the crime please call APD at 512-974-9207 or contact Crime Stoppers at 512-472-TIPS. You may remain anonymous.

Additionally, the Shefman Law Group’s Cyclistlaw.com and R-Events are each offering an additional $2,500 reward and the Austin Playhouse‘s production of “Paradise” is offering an addition $1,000 reward. The combined reward stands at $11,000.

Anyone having information concerning the crime please call APD at 512-974-9207 or contact Crime Stoppers at 512-472-TIPS. You may remain anonymous.

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Austin

Austin PRIDE Announces Date for 2019 Festival & Parade

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The Austin Gay and Lesbian Pride Foundation, the non-profit organization that manages and organizes Austin’s PRIDE celebration, has announced that the 29th annual Austin PRIDE Festival and Parade will take place on SATURDAY, AUGUST 10, 2019. This year’s theme is Boogie Wonderland.

The 2015 Austin Pride Festival at Fiesta Gardens. Photo credit: Chase Martin/therepubliq

The festival will return to Edward Rendon Sr. Park at Festival Beach in Town Lake Metropolitan Park (a/k/a Fiesta Gardens) from 11 AM – 6 PM and feature entertainment, games and activities, drinks, food, family zone, and 140+ booths featuring local non-profits organizations and businesses. Tickets on the day of the event will be $20 for adults (18+), $10 for youth (7-17 years old), and FREE for children six and under. Discounted advanced tickets will go on sale in the near future at www.austinpride.org.

The Apple contingent in the 2015 Austin Pride Parade
The Apple contingent in the 2015 Austin Pride Parade. Photo credit: Chase Martin/therepubliq

The parade will step off at 8 PM. The route through downtown Austin remains unchanged from previous years; starting at the south gate of the Texas State Capitol Building, heading down Congress Avenue, then turning on 4th Street going through the Warehouse District before ending at Republic Square. The parade is free and open to the public.

The parade and festival are projected to bring in over 400,000 attendees, making it the largest single day event based on attendance in Austin. By comparison, the Austin City Limits Music Festival has 75,000 attendees and South by Southwest has 285,000 attendees.

Registration for booths at the festival and spaces in the parade is now open online at www.austinpride.org/paradeandfestival.

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