October, 13 2020, 12:00am EDT
Reality Check: Amy Coney Barrett's Statement Isn't True, Protections for People With Preexisting Conditions Are At Risk Right Now
Testifying before the Senate Judiciary Committee, Amy Coney Barrett fell in line with the Republican strategy of downplaying and denying the truth about what's on the line when the Supreme Court hears the Republican health care repeal lawsuit less than one month from today.
What Barrett said: "The case next week doesn't present that issue. It's not a challenge to pre-existing conditions coverage or to the lifetime maximum relief to a cap."
The truth:
WASHINGTON
Testifying before the Senate Judiciary Committee, Amy Coney Barrett fell in line with the Republican strategy of downplaying and denying the truth about what's on the line when the Supreme Court hears the Republican health care repeal lawsuit less than one month from today.
What Barrett said: "The case next week doesn't present that issue. It's not a challenge to pre-existing conditions coverage or to the lifetime maximum relief to a cap."
The truth:
- The entire Affordable Care Act is at issue. If Trump and his allies succeed in securing five votes at the Supreme Court, protections for 133 million people with pre-existing conditions and other vital consumer protections, including a ban on lifetime limits, will be abolished, 23 million people will lose their health care, and the entire health care system will descend into a chaotic nationwide meltdown.
- Amy Coney Barrett has sharply criticized both major rulings that upheld the ACA: NFIB v. Sebelius (2012) and King v. Burwell (2015).
Earlier in the hearing, Barrett also misrepresented the history of conservative legal challenges to the Affordable Care Act. She said that the doctrine of severability was not an issue in the 2012 case, NFIB v. Sebelius. The conservative dissent joined by her mentor Justice Scalia argued that the individual mandate was unconstitutional and that it and other provisions were inseverable from the rest of the law, meaning that the entire Affordable Care Act must be struck down. "For those reasons, the unconstitutionality of both the Individual Mandate and the Medicaid Expansion requires the invalidation of the Affordable Care Act's other provisions," the conservative Justices wrote.
This is extremely similar to the issue the Supreme Court will consider next month in California v. Texas: whether the individual mandate is unconstitutional and, if so, whether most or all of the rest of the ACA must be abolished. Trump and his conservative allies are seeking to invalidate the law in its entirety.
Demand Justice is a progressive movement fighting to restore the ideological balance and legitimacy of the federal courts by advocating for court reform and vigorously opposing extreme nominees.
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Dr. Oz Had Up to Tens of Millions Invested in Companies Involved With CMS
"Seniors deserve a CMS leader who will protect and strengthen Medicare—not someone like Dr. Oz who wants to privatize this vital and hugely popular program for great personal gain," said the head of Accountable.US.
Dec 13, 2024
Dr. Mehmet Oz, the "former daytime television fixture" who U.S. President-elect Donald Trump picked to lead the Centers for Medicare and Medicaid Services, reported "up to $56 million in investments in three companies" with direct CMS interests, the watchdog Accountable.US highlighted Friday.
The celebrity heart surgeon is already under fire for his record of peddling "baseless or wrong" health advice and pushing Medicare Advantage (MA)—an alternative to the government-run program administered by private health insurance companies—on The Dr. Oz Show, as well as his stake in UnitedHealth and CVS Health.
The new Accountable.US report—based on disclosures from Oz's unsuccessful 2022 run against U.S. Sen. John Fetterman (D-Pa.)—adds to conflict of interest concerns and fears that Oz may thwart the Biden administration's new rule intended to rein in privatized Medicare Advantage plans.
"Dr. Oz's conflicts of interest pose a serious threat to seniors' health security."
"In 2022, Oz's 'single biggest healthcare holding' was up to $26 million in Sharecare, a digital health company Oz co-founded that became the 'exclusive in-home care supplemental benefit program' for 1.5 million MA enrollees across 400 MA plans through its CareLinx service in 2022," the watchdog detailed. "By 2023, CareLinx was available to over 2 million MA enrollees. Sharecare was taken private in a $518 million private equity deal in 2024, and it is unknown if Oz still holds a stake."
Nick Clemens, Oz's spokesperson on the Trump transition team, told USA TODAY—which first reported on the Accountable.US findings—that Oz sold his stake in Sharecare but did not address further questions.
The group noted that "in 2022, Oz disclosed holding up to $25 million in Amazon and up to $5 million in Microsoft, which CMS called its 'two primary cloud service providers' in its FY 2025 budget document, which requested over $3.3 billion in information technology funding for the year. Notably, Amazon Web Services hosted 74 million Medicaid records as early as 2017 and the company has been contracted to streamline Healthcare.gov, the federal health insurance portal run by CMS."
Accountable.US "reviewed filings with the Securities and Exchange Commission and was unable to find evidence that Oz sold stocks in Amazon or Microsoft since the 2022 filing," according to USA Today—which found that Oz's stakes could be as high as $26.7 million for Amazon and $6.3 million for Microsoft.
When asked if Oz still owned the stocks in the two tech giants, Trump transition spokesperson Brian Hughes only said that "all nominees and appointees will comply with the ethical obligations of their respective agencies."
Given the nominee's TV and investment history, Accountable.US executive director Tony Carrk declared Friday that "seniors deserve a CMS leader who will protect and strengthen Medicare—not someone like Dr. Oz who wants to privatize this vital and hugely popular program for great personal gain."
"If Dr. Oz and Project 2025 had their way, Medicare as we know it would end, replaced with private insurance plans that cost taxpayers more and leave patients vulnerable to denials of care and higher premiums," Carrk continued, citing the Heritage Foundation-led playbook for the incoming Republican president.
"Dr. Oz's conflicts of interest pose a serious threat to seniors' health security," he added, "but as long as big insurance industry megadonors are happy, President-elect Trump doesn't seem to mind."
While Trump has the power to pick the next CMS administrator, the selection requires Senate confirmation—unless the president-elect works around it to install his most controversial nominees.
On Tuesday, Sen. Elizabeth Warren (D-Mass.) and six colleagues wrote to Oz to express their concerns about his qualifications, "advocacy for the elimination of traditional Medicare," and "deep financial ties to private health insurers."
"As CMS administrator, you would be tasked with overseeing Medicare and ensuring that the tens of millions of seniors that rely on the program receive the care they deserve, including cracking down on abuses by private insurers in Medicare Advantage," they pointed out. "The consequences of failure on your part would be grave. Billions of federal healthcare dollars—and millions of lives—are at stake."
The lawmakers sent Oz a list of questions, requesting responses by December 23. They inquired about his views on traditional Medicare and revelations that "private companies overcharge taxpayers and unlawfully deny care." They also asked whether, as administrator, he would commit to "fully divesting of any and all financial holdings related to the insurance industry" and "recusing from any decisions that may impact insurers" in which he has a stake.
Sharing the letter on social media Wednesday, Accountable.US said that Warren "is right: this glaring conflict of interest endangers seniors and puts billions in corporate pockets."
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"The world's failure to protect Gaza's children is a moral failing on a monumental scale," said one advocate.
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Amid a relentless Israeli onslaught that has wrought monumental physical and psychological destruction in Gaza, a report published this week revealed that nearly all children in the embattled Palestinian enclave believe their death is imminent—and nearly half of them want to die.
The Gaza-based Community Training Center for Crisis Management, supported by War Child Alliance, surveyed more than 500 Palestinian children in Gaza last June and found that 96% of them fear imminent death, 92% are not accepting of reality, 79% suffer from nightmares, 77% avoid discussing traumatic events, 73% display signs of aggression, 49% wish to die because of the war, and many more "show signs of withdrawal and severe anxiety, alongside a pervasive sense of hopelessness."
"This report lays bare that Gaza is one of the most horrifying places in the world to be a child," War Child U.K. CEO Helen Pattinson said in a statement. "Alongside the leveling of hospitals, schools, and homes, a trail of psychological destruction has caused wounds unseen but no less destructive on children who hold no responsibility for this war."
In a first of its kind report, our Gaza based partner Community Training Centre for Crisis Management asked injured, separated and disabled children and their caregivers about the toll of the ongoing war on their lives. Their answers are devastating but sadly not a surprise. 1/5
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— War Child UK ( @warchilduk.bsky.social) December 12, 2024 at 3:31 AM
Israel's 434-day assault on Gaza—which is the subject of an International Court of Justice genocide case—has left tens of thousands of children dead, maimed, missing, or orphaned and hundreds of thousands more forcibly displaced, starved, or sickened. Doctors and others including volunteers from the United States have documented many cases in which they've concluded Israeli snipers and other troops have deliberately shot children in the head and chest.
"The harm caused to Gaza's children goes beyond statistics. Behind every number is a name, a life, and a future that is being extinguished before it can even begin," Iain Overton, executive director of the U.K.-based group Action on Armed Violence, said in response to the new report.
"The world's failure to protect Gaza's children is a moral failing on a monumental scale," he added. "We must act decisively and compassionately to ensure that these children's voices are heard and their futures protected."
In October, the U.K.-based charity Oxfam International said that Israel's yearlong assault on Gaza has been the deadliest year of conflict for women and children anywhere in the world over the past two decades. A year ago, the United Nations Children's Fund called Gaza "the world's most dangerous place to be a child." Earlier this year, U.N. Secretary-General António Guterres for the first time added Israel to his so-called "List of Shame" of countries that kill and injure children during wars and other armed conflicts.
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Addressing the complicity of allies like the United States, Germany, and Britain, who provide weapons and diplomatic cover for Israel, progressive U.K. parliamentarian Jeremy Corbyn wrote on social media in response to the new report, "Every single supplier of arms to Israel has blood on its hands—and the world will never forgive them."
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Progressives on Thursday were frustrated by reports that former House Speaker Nancy Pelosi is using her considerable influence on Capitol Hill to undermine Rep. Alexandria Ocasio-Cortez's bid to become the top Democrat on the powerful committee that could launch investigations into the Trump White House in the coming years.
As Common Dreamsreported last week, Pelosi (D-Calif.) has publicly indicated that she is supporting Rep. Gerry Connolly (D-Va.) to succeed Rep. Jamie Raskin (D-Md.) as ranking member on the House Committee on Oversight and Accountability when the 119th Congress begins in January.
But Punchbowl Newsreported that Pelosi—well-known for her relentless and often successful efforts to whip votes within the Democratic caucus—is also "making calls" to other Democratic lawmakers on behalf of Connolly.
The outlet reported that the former House speaker is "actively working to tank" the candidacy of Ocasio-Cortez (D-N.Y.), with whom she has had a rocky relationship at times as the progressive Democrat has pushed the party to embrace far-reaching reforms on climate, immigration, and other issues.
Both Connolly and Ocasio-Cortez believe they have the votes to win the ranking member position. Ocasio-Cortez is a close ally of Raskin, who named her vice ranking member in the current Congress, but the Maryland lawmaker, who is expected to succeed Rep. Jerrold Nadler (D-N.Y.) as ranking member of the House Judiciary Committee, has not publicly endorsed either candidate.
The Democratic Steering and Policy Committee, which has close ties to Minority Leader Hakeem Jeffries (D-N.Y.), is expected to make a recommendation for the ranking member role, after which the entire Democratic caucus will vote.
The centrist New Democrat Coalition endorsed Connolly on Friday, while a House Democrat told Axios that Ocasio-Cortez "has pretty much the entire [Oversight] Committee with her."
The Congressional Progressive Caucus announced its endorsement of Ocasio-Cortez on Friday, with Chair Pramila Jayapal (D-Wash.) and Chair-elect Greg Casar (D-Texas) arguing the congresswoman's "fearless advocacy leading the Oversight Committee will help ensure Democrats retake the House in 2026."
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As Axios reported, several older longtime members are facing challenges for leadership roles from the party's younger generation. Ocasio-Cortez, 35, was the youngest woman ever elected to Congress when she won her election in 2018, and is an outspoken member of the progressive "Squad" which advocates for policies such as Medicare for All and has reportedly angered Pelosi in the past with its embrace of calls to "abolish" Immigration and Customs Enforcement (ICE).
"Many members are concerned about [the] precedent these races are setting," a senior House Democrat told Axios regarding the progressive contests with members like Connolly, who is 74.
Ryan Grim of Drop Site News said Pelosi's lobbying against Ocasio-Cortez "reeks of pettiness."
David Dayen, executive editor of The American Prospect, said the new reporting shows Pelosi attempting to act as a "puppet master."
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Ocasio-Cortez wrote to colleagues last week to announce her bid for the ranking member position, highlighting her involvement in derailing Republican efforts to "weaponize the committee's investigatory power for partisan purposes" and pledging to balance the Oversight Committee's focus on President-elect Donald Trump's actions with fighting to better the lives of working Americans.
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