The Policy Tracker: August 2016
In 2015 and 2016, the Public Policy Desk on Ballotpedia produced a weekly Policy Tracker to report on major national and state public policy news, covering budgets, civil liberties, education, elections, energy and the environment, healthcare, and pensions. This page contains national and state policy stories from August 2016.
- Public policy news for August 2016
August 29, 2016
National Labor Relations Board rules graduate students can unionize
- Click to learn more about higher education in the United States.
On August 23, the National Labor Relations Board (NLRB) ruled that graduate teaching and research assistants at private universities may unionize as employees. Private universities will now have to recognize unions formed by graduate assistants. Graduate students at Columbia University had petitioned the NLRB to include graduate assistant unions under the National Labor Relations Act, arguing that "unionizing would allow them to negotiate stable livable stipends" and that they could function as both students and employees. Private universities, including all those in the Ivy League, had argued that recognizing graduate assistants as employees would disrupt the mentor relationship students have with their professors.[1]
The 3-1 ruling overturned a 2004 decision that found private universities were not required to recognize graduate assistant unions. The former decision had ruled that graduate students were not employees because the primary purpose of their assistantships was to learn, not to work. Columbia said it is reviewing the August 23 ruling for the possibility of appeal.[2]
McAuliffe restores voting rights to 13,000 ex-felons in Virginia
- Click to learn more about voting in Virginia and voting rights for convicted criminals.
On August 22, Virginia Governor Terry McAuliffe (D) announced that he had restored voting rights to 13,000 convicted felons. McAuliffe also said that he would ultimately restore voting rights to a total of 200,000 convicted felons. In July 2016, the Virginia Supreme Court found that McAuliffe had overstepped his authority by issuing a blanket order in April 2016 that restored voting rights to some 200,000 convicted felons. The court did not, however, prohibit the governor from restoring voting rights on an individual basis. Some have applauded McAuliffe's efforts, arguing that the re-enfranchisement of felons is a necessary remedy against systemic racism and discrimination (many of the felons covered by the governor's executive order were black). Others, including Republican legislative leaders, have argued that McAuliffe's efforts were a partisan attempt to boost the prospects of Democratic presidential candidate Hillary Clinton, who enjoyed broad-based support from the black community.[3][4]
Voting rights for convicted felons vary substantially from state to state. To learn more, see this article.
Federal court overturns restoration of "Golden Week" in Ohio
- Click to learn more about voting in Ohio.
On August 23, the United States Court of Appeals for the 6th Circuit ruled that Ohio election administrators did not have to reinstate "Golden Week," a one-week period immediately preceding the general election in which voters may both register and cast early ballots on the same day. The Sixth Circuit, which overturned a lower court's order, found that "proper deference to state legislative authority requires that Ohio's election process be allowed to proceed unhindered by the federal courts." "Golden Week" was eliminated by the Republican-controlled state legislature in 2014. Democrats challenged this action, arguing that it discriminated against black and Hispanic voters. Republicans, meanwhile, argued that it was a necessary measure to combat voter fraud and maintain election integrity. Including "Golden Week," Ohio's early voting period lasted for 35 days; without "Golden Week," the early voting period lasts 28 days.[5]
August 22, 2016
- Click to learn more about the Gold King Mine spill.
The Navajo Nation sued the U.S. Environmental Protection Agency (EPA) for the agency’s role in the 2015 Gold King Mine spill. EPA personnel and a company under EPA contract triggered the release of toxic wastewater in an attempt to remove wastewater from the mine in August 2015. An October 2015 investigation by the U.S. Interior Department found that the spill could have been avoided if the EPA had monitored water levels inside the mine before it began digging. The lawsuit alleged that the EPA had failed to clean up the spill adequately and had delayed and resisted recovery efforts over the past year. Many Navajo have been concerned about the potential health effects and the potential negative effects on agriculture production due to the heavy metals that have settled upstream from the Navajo Nation.[6]
Federal court upholds decision preventing Michigan from rescinding straight-ticket voting option
- Click to learn more about voting in Michigan and straight-ticket voting.
On August 17, a three-judge panel of the United States Court of Appeals for the 6th Circuit upheld a lower court's decision preventing Michigan from repealing its straight-ticket voting option. In January 2016, Governor Rick Snyder (R) signed into law SB 0013, which eliminated the straight-ticket voting option on Michigan election ballots. On July 21, 2016, federal Judge Gershwin Drain issued a preliminary injunction preventing the state from implementing the bill's provisions. Drain found that the law discriminated against African Americans, who tend to vote Democratic. State officials appealed Drain's decision to the Sixth Circuit. In light of the Sixth Circuit's decision, Michigan Attorney General Bill Schuette (R) said he intended to petition the entire Sixth Circuit for a stay of Drain's order.[7]
When the bill was first passed, Snyder applauded it. "Michigan joins 40 other states that require voters to select an individual for each elective office, rather than simply selecting a political party. As governor, I have strived to put people before politics and strongly encourage voters to do the same," he said. Some local election officials and Democrats opposed the legislation, however, arguing that it would "disenfranchise voters, who become frustrated by long lines and are forced to leave before voting." As of August 2016, 10 states—including Michigan—provide for straight-ticket voting.[8]
Aetna announces decision to exit most Affordable Care Act markets
- Click to learn more about the health insurance exchanges.
On August 15, Aetna, one of the five major health insurers in the country, announced its decision to exit the Affordable Care Act (ACA) exchange market in 15 states in 2017. Plans will continue to be offered on the health insurance exchanges of just four states: Delaware, Iowa, Nebraska, and Virginia. Aetna said its decision was based on losses of $200 million during the first half of 2016, which the company expects to rise to over $300 million by the end of the year. As a result of the decision, some rural areas of Arizona will not have any ACA insurance offerings in 2017, the first time such a situation has occurred in any state since the exchanges opened in 2014.[9]
Aetna is the third major insurer to reduce its participation in the ACA market, following similar announcements earlier in the year from UnitedHealthcare and Humana. Insurers have expressed concerns regarding the stability of the exchanges. Enrollees of plans on the exchanges have been sicker and enrolled in smaller numbers than expected, leading to financial losses for the major insurers.[9]
The presidential candidates commented on the news:
- A spokesperson for the Clinton campaign, Jesse Ferguson, said in a statement, "The progress we’ve achieved since the Affordable Care Act became law is undeniable. ... Donald Trump has no interest in building on what works." According to The Wall Street Journal, Ferguson also cited "20 million newly insured Americans, expanded consumer protections and free preventive care" and noted that Clinton's "proposals meant to improve the system."[10]
- Trump's deputy national policy director, Dan Kowalski, said, "Aetna's decision to leave the Affordable Care Act's public marketplaces is the latest blow to this broken law that is slowly imploding under its regulatory red tape." The Washington Times reports that he also said that "'millions' of Americans saw their bare-bones plans canceled under Obamacare, because of new coverage requirements, and pointed to insurance mandates on employers that have forced some to trim payroll or slash part-timers' hours to avoid triggering costly fines."[11]
August 15, 2016
Federal appeals court stays order permitting affidavits in lieu of photo ID at the polls in Wisconsin
- Click to learn more about the voting in Wisconsin and the voter identification laws by state.
On August 10, 2016, the United States Court of Appeals for the 7th Circuit stayed a lower court's ruling permitting Wisconsin voters to sign affidavits in lieu of presenting qualified forms of identification at the polls. On July 19, federal Judge Lynn Adelman issued a preliminary injunction against Wisconsin's voter ID law, finding that "a safety net is needed for those voters who can't obtain qualifying ID with reasonable effort." According to election law scholar Rick Hasen, the appeals court opted to stay the ruling "because it believes it is very likely to reverse the requirement for the affidavit alternative, because it is not targeted enough to the kinds of people who face special burdens on voting."[12]
Wisconsin's voter ID law, which was approved in June 2011 but did not take full effect until 2015, has been the subject of ongoing controversy and litigation. Wisconsin's law is considered a strict requirement, meaning that voters who are unable to present valid identification are required to cast provisional ballots.
Federal judge approves interim remedy softening Texas' voter ID requirement
- Click to learn more about the voting in Texas and the voter identification laws by state.
On August 10, 2016, a federal judge approved an interim agreement remedying Texas' voter ID law in light of a July 2016 court ruling. On July 20, the United States Court of Appeals for the 5th Circuit ruled that Texas' voter ID law violated Section 2 of the Voting Rights Act. The appeals court ordered state officials to "ensure that any remedy enacted ameliorates [the law's] discriminatory effect, while respecting the [Texas State Legislature's] stated objective to safeguard the integrity of elections by requiring more secure forms of voter identification." On August 3, state officials and opponents of the voter ID law reached an interim agreement, under which voters will be temporarily permitted to use the following forms of identification at the polls, provided their names appear on voter registration rolls:[13]
- a form of identification specified in the original voter ID law (SB 14), including a Texas driver's license, a Texas identification certificate, a Texas personal identification card, a Texas concealed handgun license, a United States military identification card containing the person’s photograph, a United States citizenship certificate containing the person’s photograph, or a United States passport
- a "valid voter registration certificate, a certified birth certificate, a current utility bill, a bank statement, a government check, a paycheck, or any other government document that displays the voter’s name and an address"
Texas Attorney General Ken Paxton said that the state would appeal the decision.[14]
Federal government keeps marijuana at highest drug classification
- Click to learn more about medical marijuana.
The federal government rejected a proposal to declassify marijuana as an illegal Schedule I drug and allow marijuana to be used for medical purposes. Schedule I drugs are those that the government has determined have "no currently accepted medical use." Schedule II drugs, a less restrictive category, are recognized as having some medical value but "a high potential for abuse." The Food and Drug Administration (FDA) stated that marijuana has not been proven scientifically to be medically safe or effective; therefore, the Drug Enforcement Administration (DEA) could not allow the drug to be declassified.[15]
Currently, in opposition to the federal law, 24 states and the District of Columbia have legalized the use of marijuana for medical purposes, which has led to enforcement uncertainty. Marijuana was classified as a Schedule I drug in 1970 as part of the Controlled Substances Act. The DEA ruling did allow for more facilities to grow marijuana for research purposes, but proponents of legal medical use of marijuana said the ruling did not go far enough.[15]
August 8, 2016
Aetna cancels planned expansion of ACA health plans
- Click to learn more about the Affordable Care Act and the health insurance exchanges.
On August 2, 2016, Aetna, one of the five major nationwide health insurance companies, announced that it would not be expanding its business on the Affordable Care Act (ACA) health insurance exchanges in 2017 as originally planned. The company also stated that it would be re-evaluating its current presence on the exchanges. Aetna currently operates in 15 states. The announcement came as the health insurer revealed that it expected a $300 million loss on the exchanges for 2016.[16]
Aetna is the fifth national insurer to announce an expected loss on ACA plans for this plan year. Anthem will be similarly re-examining its presence on the exchanges, while UnitedHealth and Humana have both said they will withdraw from most ACA markets next year. Cigna expects a small loss this year, but maintains its intention to expand its exchange health plans in 2017.
EPA to investigate potential crimes during toxic mine spill
- Click to learn more about environmental policy in the United States.
On August 1, 2016, the U.S. Environmental Protection Agency (EPA) announced it would investigate whether EPA employees committed any crimes during the Colorado Gold King Mine spill in August 2015. The investigation will be conducted by the EPA’s Office of Inspector General at the request of members of Congress. EPA personnel and a company under EPA contract triggered the release of toxic wastewater at the Gold King Mine in Colorado in an attempt to remove wastewater from the mine. More than 3 million gallons of mine wastewater, which contained heavy metals and other toxic materials, emptied into the Animas River. The spill affected waterways in Colorado, New Mexico, and Utah, as well as the Navajo Nation. An October 2015 investigation by the U.S. Interior Department found that the spill could have been avoided if the EPA had monitored water levels inside the mine before it began digging.[17]
States file lawsuits against methane rule
- Click to learn more about fracking in the United States.
At least 15 states and a dozen energy groups filed legal challenges against the Obama administration for its rule limiting methane emissions from the oil and gas industry. West Virginia and agencies representing 12 other states filed a lawsuit against the U.S. Environmental Protection Agency (EPA), arguing that the emissions limits would place additional costs on oil and gas developers, which would effectively raise consumer costs. Texas and North Dakota filed their own lawsuits. Furthermore, the states argued that the EPA went beyond its statutory authority under the Clean Air Act when the agency wrote the rule. West Virginia Attorney General Patrick Morrisey, who is leading the lawsuit, argued that the EPA has ignored how the oil and gas industry has voluntarily reduced its methane emissions in the past decade. In addition to West Virginia, the lawsuit was joined by Alabama, Arizona, Kansas, Kentucky, Louisiana, Michigan, Montana, Ohio, Oklahoma, South Carolina, and Wisconsin, as well as the Kentucky Energy and Cabinet and the North Carolina Department of Environmental Quality. The EPA expects this new rule to cut methane emissions by between 6.9 million tons and 11 million tons by 2025. The new methane rules will cover around 15,000 wells across the United States and will require oil and gas producers to limit emissions from wells, pumps, and compressors as well as along the routes used to transport oil and natural gas.[18][19][20][21]
August 1, 2016
Michigan secretary of state appeals federal court decision on straight-ticket voting
- Click to learn more about voting in Michigan and straight-ticket voting.
On July 25, 2016, Michigan Secretary of State Ruth Johnson (R) appealed a recent federal court decision preventing state officials from enforcing a repeal of the straight-ticket voting option. The law repealing the straight-ticket option was signed by Governor Rick Snyder (R) on January 5, 2016. At that time, Snyder said, "Michigan joins 40 other states that require voters to select an individual for each elective office, rather than simply selecting a political party." Some local election officials and state Democrats opposed the law, arguing that it would "disenfranchise voters, who become frustrated by long lines and are forced to leave before voting." On July 21, 2016, federal judge Gershwin Drain issued a series of preliminary injunctions preventing state officials from enforcing the law. Drain found that the law negatively impacted the voting and associational rights of African Americans.[22][23]
Florida regulators approve new water standards allowing more chemicals in state waters
- Click to learn more about environmental policy in the United States.
On July 26, 2016, regulators on the Florida Environmental Regulation Commission voted 3-2 to approve new water quality standards that would allow more toxins and chemicals into the state’s rivers and streams, the first changes to these standards since 1992. Under the updated standards, the number of regulated chemicals will increase from 54 to 92 chemicals. Acceptable levels of roughly two dozen toxins will increase, and standards for 13 currently regulated chemicals will decrease. Furthermore, the standards will impose new restrictions on 39 other chemicals not currently regulated. Florida’s standards must be approved by the U.S. Environmental Protection Agency (EPA) as required by the federal Clean Water Act. The Florida Department of Environmental Protection defended the standards, arguing that the methodology used to update the standards took into account multiple variables to calculate the precise health effects of toxic chemical exposure. Environmental groups criticized the standards, arguing that the new standards were weaker than federal guidelines and would allow private companies to put more toxins into Florida waters. [24]
CMS announces new mandatory payment program for Medicare providers
- Click to learn more about bundled payments.
The Centers for Medicare and Medicaid Services (CMS) proposed a new mandatory payment program for hospitals in 98 metropolitan areas. The program would reimburse hospitals with bundled payments for cardiac care, like bypass surgery, provided to Medicare patients. Under a bundled payments model, providers are reimbursed with a single lump sum per patient to cover all services associated with the treatment of the patient’s condition, placing some financial risk on providers for keeping costs within the sum provided. This is in contrast to a fee-for-service model, in which providers are reimbursed separately for each service.[25]
If implemented, the new program would be the third new mandatory alternative payment program introduced by the CMS in a little over a year. The 98 participating cities have not yet been selected. The CMS is also seeking to expand another one of its mandatory bundled payment programs that covers joint replacements. Proponents argue that bundled payments can reduce costs and curb rising healthcare spending. Meanwhile, opponents counter that bundled payments could discourage appropriate care if they would push the cost of services beyond the bundled payment amount.[25]
Federal appeals court strikes down North Carolina election law, including photo ID requirement
- Click to learn more about voting in North Carolina.
On July 29, 2016, the United States Court of Appeals for the 4th Circuit struck down a North Carolina election reform law approved in 2013, finding that the Republican-led state legislature had enacted the law with racially discriminatory intent. That law reduced the number of early voting days, prohibited same-day voter registration, eliminated pre-registration for teenagers, and, perhaps most controversially, established a photo identification requirement for voters. The appeals court overturned a district court decision rendered in April that had upheld the law. The law's challengers, including the United States Department of Justice and the NAACP, alleged that "racial minorities are more likely than whites to lack acceptable ID; that there's no significant voter fraud of the kind that could be stopped by the ID requirement; and that the state hasn't done enough to educate voters about law." Meanwhile, the law's proponents argued that the law's provisions were necessary in order to "combat voter fraud and to preserve the integrity of the voting system."[26][27][28]
See also
Public policy in the 50 states
Footnotes
- ↑ The Huffington Post, "Graduate Students At Private Universities Can Now Unionize," August 23, 2016
- ↑ Inside Higher Ed, "NLRB: Graduate Students at Private Universities May Unionize," August 24, 2016
- ↑ The Washington Post, "McAuliffe restores voting rights to 13,000 felons," August 22, 2016
- ↑ NBC News, "Murky Picture on Voting Rights for Virginia's Ex-Felons," July 26, 2016
- ↑ United States Court of Appeals for the 6th Circuit, "Ohio Democratic Party v. Husted," August 23, 2016
- ↑ CNN, "Navajo Nation sues EPA over toxic mine spill," accessed August 22, 2016
- ↑ Politico, "Appeals court rejects bid to end straight-ticket voting in Michigan," August 17, 2016
- ↑ Detroit Free Press, "Snyder signs bill eliminating straight-ticket voting," January 5, 2015
- ↑ 9.0 9.1 The Hill, "Aetna pulling back from ObamaCare in blow to health law," August 15, 2016
- ↑ The Wall Street Journal, "U.S. Political Parties Seize on Aetna's Health-Exchange Pullback," August 16, 2016
- ↑ The Washington Times, "Trump pounces on Obamacare’s latest woes, says Aetna exodus a sign of 'imploding' law," August 16, 2016
- ↑ Election Law Blog, "Breaking: 7th Circuit Reverses (for Now at Least) Softening of WI Voter ID Rule: What’s Next?" August 10, 2016
- ↑ United States District Court for the Southern District of Texas, Corpus Christi Division, "Veasey v. Abbott: Order Regarding Agreed Interim Plan for Elections," August 10, 2016
- ↑ Reuters, "U.S. judge approves deal to weaken Texas voter ID law; Wisconsin suspended," August 10, 2016
- ↑ 15.0 15.1 The Washington Post, "U.S. affirms its prohibition on medical marijuana," August 11, 2016
- ↑ CNN Money, "Aetna latest insurer to question Obamacare's future," August 2, 2016
- ↑ Washington Examiner, "Feds open criminal probe of EPA toxic mine spill," August 1, 2016
- ↑ The Hill, "North Dakota sues over new methane rule," July 18, 2016
- ↑ Texas Tribune, "Texas Challenges EPA's Crackdown on Oilfield Methane," July 29, 2016
- ↑ The WLF Legal Pulse, "North Dakota First Petitioner to Challenge EPA’s Methane Rule," July 25, 2016
- ↑ Politico, "The Clean Power Plan turns 1," August 3, 2016
- ↑ Ballot Access News, "Michigan Secretary of State Asks Sixth Circuit to Reverse U.S. District Court on Straight-Ticket," July 25, 2016
- ↑ United States District Court for the Eastern District of Michigan, "Michigan State A. Philip Randolph Institute v. Johnson," July 21, 2016
- ↑ Miami Herald, "More toxic chemicals allowed in Florida waterways," July 26, 2016
- ↑ 25.0 25.1 Modern Healthcare, "What to know about Medicare's big bundled-payment expansion," July 25, 2016
- ↑ The New York Times, "Federal Appeals Court Strikes Down North Carolina Voter ID Requirement," July 29, 2016
- ↑ NPR, "Federal Appeals Court Throws Out North Carolina's Voter ID Law," July 29, 2016
- ↑ MSNBC, "North Carolina’s voter ID law on trial," January 27, 2016
