Thursday, June 4, 2015

Lambda Legal done good in King v. Burwell

     This author doesn't agree too often with Lambda Legal, but, as mentioned in Pt. 2 of "Grand Theft Bonauto", he submitted a brief on the same side as them-uns at one point.
     That point (there may've been no other times) was in King v. Burwell, the "Pelosicare" subsidy case at the Supreme Ct. right now. Yours truly's brief said, as a reason to uphold federal subsidies to HHS (Dep't of Health and Human Services) -run health-insurance exchanges,
...It is interesting, though, that the Act may proportionately help minorities more than it helps others, in that there is sometimes an overlap between minority communities and low-income communities. Without being consciously mean-spirited, much less “consciously racist”, then, States that do not support health Exchanges may end up not supporting healthcare improvement for minorities and low-income people, as much as those States could do.
     Compare LL's brief, with its cover page listing an impressive number of allies,
     BRIEF FOR LAMBDA LEGAL DEFENSE & EDUCATION FUND, INC., ASIAN & PACIFIC ISLANDER COALITION ON HIV/AIDS, BLACK AIDS INSTITUTE, GAY & LESBIAN ADVOCATES & DEFENDERS, GLMA: HEALTH PROFESSIONALS ADVANCING LGBT EQUALITY, HIV PREVENTION JUSTICE ALLIANCE, NATIONAL AIDS & EDUCATION SERVICES FOR MINORITIES, NATIONAL BLACK JUSTICE COALITION, NATIONAL MINORITY AIDS COUNCIL, AND LATINO COMMISSION ON AIDS AS AMICI CURIAE SUPPORTING RESPONDENTS
, and its body saying these words,
     C. Despite Tremendous Medical Advances, HIV Remains A Significant Problem For Communities Of Color, Which Experience Much Higher Rates Of Transmission And Substantially Worse Health Outcomes

...While medical advances against HIV have improved healthcare outcomes as a whole, all boats have not been lifted equally by this rising tide. The CHLPI Brief explains how essential the subsidies are to lower-income individuals seeking health insurance. This need is even more acute for people of color living with or at risk of contracting HIV. ...
     While the differences are somewhat less stark, other racial and ethnic minorities such as Latinos and American Indians and Native Alaskans (AI/AN), are also disproportionately impacted by HIV. ...
     ....
...Even if lower-income people do not constitute “discrete and insular minorities,” they are nonetheless largely unable to control the “political processes ordinarily to be relied upon to protect minorities.” United States v. Carolene Products Co., 304 U.S. 144, 152 n.4 (1938); see also Bullock v. Carter, 405 U.S. 134, 144 (1972) (addressing “disparity in voting power based on wealth,” stating “we would ignore reality were we not to recognize that [the Texas filing-fee system] falls with unequal weight on voters * * * according to their economic status”)....
     So while LL and the present author agree to disagree on some things, we can agree to agree on others. Sounds inspirational? --Have a good night.

No comments:

Post a Comment