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Supreme Court Rejects Third Challenge to Affordable Care Act

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In the 7-2 decision, the justices argued the Republican-led states that brought the challenge forth failed to show how the law caused injury and thus had no legal standing.


SCOTUS Issues Opinion on Individual Mandate

The Supreme Court on Thursday struck down the third Republican-led challenge to the Affordable Care Act to ever reach the high court.

The issue at hand was the provision of the law, commonly known as Obamacare, that requires people to either purchase health insurance or pay a tax penalty: the so-called individual mandate. 

The individual mandate has been one of the most controversial parts of Obamacare and it has already been before SCOTUS, which upheld the provision in 2012 on the grounds that it amounted to a tax and thus fell under Congress’ taxing power.

However, as part of the sweeping 2017 tax bill, the Republican-held Congress set the penalty for not having health care to $0. As a result, a group of Republican-led states headed by Texas sued, arguing that because their GOP colleagues made the mandate zero dollars, it no longer raised revenues and could not be considered a tax, thus making it unconstitutional.

The states also argued that the individual mandate is such a key part of Obamacare that it could not be separated without getting rid of the entire law.

The Supreme Court, however, rejected that argument in a 7-2 decision, with Justices Samuel Alito and Neil Gorsuch dissenting.

Majority Opinion Finds No Injury

In the majority decision, Justice Stephen Breyer wrote that the Republican states had no grounds to sue because they could not show how they were harmed by their own colleagues zeroing out the penalty.

“There is no possible government action that is causally connected to the plaintiffs’ injury — the costs of purchasing health insurance,” he wrote, adding that the states “have not demonstrated that an unenforceable mandate will cause their residents to enroll in valuable benefits programs that they would otherwise forgo.”

Breyer also argued that because of this, the court did not need to decide on the broader issue of whether the 2017 tax bill rendered the individual mandate unconstitutional and if that provision could be separated from the ACA.

The highly anticipated decision will officially keep Obamacare as the law of the land, ensuring that the roughly 20 million people enrolled still have health insurance. While there may be other challenges to the law hard-fought by conservatives, this latest ruling sends a key signal about the limits of the Republican efforts to achieve their agenda through the high court, even with the strong conservative majority.

While the court has now struck down challenges to Obamacare three times, Thursday’s decision marked the largest margin of victory of all three challenges to the ACA.

For now, the ACA appears to be fairly insulated from legal challenges, though it will still likely face more. In a tweet following the SCOTUS decision, Texas Attorney General Ken Paxton (R) vowed to keep fighting Obamacare, adding that the individual mandate “was unconstitutional when it was enacted and it is still unconstitutional.”

See what others are saying: (Axios) (The Washington Post) (The Associated Press

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Medical Workers Sign Letter Urging Spotify to Combat Misinformation, Citing Joe Rogan

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The letter accused Spotify of “enabling its hosted media to damage public trust in scientific research.”


Doctors and Medical Professionals Sign Letter to Spotify

A group of 270 doctors, scientists, and other medical workers signed an open letter to Spotify this week urging the audio platform to implement a misinformation policy, specifically citing false claims made on the “Joe Rogan Experience” podcast. 

Rogan has faced no shortage of backlash over the last year for promoting vaccine misinformation on his show, which airs exclusively on Spotify. Most recently, he invited Dr. Robert Malone on a Dec. 31 episode that has since been widely criticized by health experts. 

Dr. Malone was banned from Twitter for promoting COVID-19 misinformation. According to the medical experts who signed the letter, he “used the JRE platform to further promote numerous baseless claims, including several falsehoods about COVID-19 vaccines and an unfounded theory that societal leaders have ‘hypnotized’ the public.”

“Notably, Dr. Malone is one of two recent JRE guests who has compared pandemic policies to the Holocaust,” the letter continued. “These actions are not only objectionable and offensive, but also medically and culturally dangerous.”

Joe Rogan’s History of COVID-19 Misinformation

Rogan sparked swift criticism himself in the spring of 2021 when he discouraged young people from taking the COVID-19 vaccine. He also falsely equated mRNA vaccines to “gene therapy” and incorrectly stated that vaccines cause super mutations of the virus. He took ivermectin after testing positive for the virus in September, despite the fact that the drug is not approved as a treatment for COVID.

“By allowing the propagation of false and societally harmful assertions, Spotify is enabling its hosted media to damage public trust in scientific research and sow doubt in the credibility of data-driven guidance offered by medical professionals,” the doctors and medical workers wrote. 

“We are calling on Spotify to take action against the mass-misinformation events which continue to occur on its platform,” they continued. “With an estimated 11 million listeners per episode, JRE is the world’s largest podcast and has tremendous influence. Though Spotify has a responsibility to mitigate the spread of misinformation on its platform, the company presently has no misinformation policy.”

Rolling Stone was the first outlet to report on the letter from the medical professionals. Dr. Katrine Wallace, an epidemiologist at the University of Illinois Chicago, was among the signees. She told the magazine that Rogan is “a menace to public health.”

“These are fringe ideas not backed in science, and having it on a huge platform makes it seem there are two sides to this issue,” she said. “And there are really not.”

Spotify had not responded to the letter as of Thursday.

See what others are saying: (Rolling Stone) (Deadline) (Insider)

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Data Shows Omicron May be Peaking in the U.S.

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In some cities that were first hit by the surge, new cases are starting to flatten and decline.


New Cases Flattening

After weeks of recording-breaking cases driven by the highly infectious omicron variant, public health officials say that new COVID infections seem to be slowing in the parts of the country that were hit the hardest earlier on.

Following a more than twentyfold rise in December, cases in New York City have flattened out in recent days. 

New infections have even begun to fall slightly in some states, like Maryland and New Jersey. In Boston, the levels of COVID in wastewater — which has been a top indicator of case trends in the past — have dropped by nearly 40% since the first of the year.

Overall, federal data has shown a steep decline in COVID-related emergency room visits in the Northeast, and the rest of the country appears to be following a similar track.

Data from other countries signals the potential for a steep decline in cases following the swift and unprecedented surge.

According to figures from South Africa, where the variant was first detected, cases rose at an incredibly shocking rate for about a month but peaked quickly in mid-December. Since then, new infections have plummeted by around 70%.

In the U.K., which has typically been a map for how U.S. cases will trend, infections are also beginning to fall after peaking around New Year’s and then flattening for about a week.

Concerns Remain 

Despite these recent trends, experts say it is still too early to say if cases in the U.S. will decline as rapidly as they did in South Africa and the parts of the U.K. that were first hit. 

While new infections may seem to be peaking in the cities that saw the first surges, caseloads continue to climb in most parts of the country. 

Meanwhile, hospitals are overwhelmed and health resources are still strained because of the high volume of cases hitting all at once.

See what others are saying: (The New York Times) (The Washington Post) (The Wall Street Journal)

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COVID-Driven School Closures Top Record Highs, But Many Remain Open

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While some districts have implemented protective measures, many teachers say they fall short.


Schools Respond to Omicron Surge

U.S. COVID cases, driven by the omicron variant, are continuously topping new record highs, posing difficult questions for schools resuming after winter break.

According to Burbio, a data firm that tracks school closures, at least 5,409 public schools canceled classes or moved to remote learning by the end of last week due to COVID — more than triple the number at the end of December.

That is still only a fraction of the nation’s 130,000 schools, and many of the biggest school districts in the country are still insisting that students come into the classroom.

Los Angeles, which is home to the second-biggest district, is requiring that students at least test negative before they return to school this week.

In the biggest district of New York City, classes have already resumed following winter break. Although the city has said it will double random tests and send home more kits, students were not required to provide negative results.

Teachers Protest In-Person Learning

Teachers in other major districts have protested the local government’s decisions to stay open.

One of the most closely watched battles is in Chicago, where students on Monday missed their fourth consecutive day of school due to a feud between the Chicago Teachers Union and Mayor Lori Lightfoot (D).

Last week, the union voted to return to remote learning in defiance of a city-wide order mandating they teach in-person, citing inadequate COVID-19 protections. Lightfoot claimed the conditions were fine and that students were safe, despite record surges, instead opting to cancel classes altogether while the fight plays out.

On Sunday, the union said it was “still far apart” from making any kind of agreement with public school officials after Lightfoot rejected their demands.

Lightfoot, for her part, has said she remains “hopeful” a deal could be reached, but she also stirred up the union by accusing teachers of staging an “illegal walkout” and claiming they “abandoned their posts and they abandoned kids and their families.”

Meanwhile, teachers in other school districts have begun to emulate the tactics in Chicago.

On Friday, teachers in Oakland, California staged a “sick-out,” promoting 12 schools serving thousands of students to close.

See what others are saying: (The Chicago Tribune) (CNN) (The New York Times)

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