Kansas among states challenging Obamacare in court

by Jim McLean, Kansas News Service

Kansas Attorney General Derek Schmidt acknowledges that a multi-state attack on the Affordable Care Act, or Obamacare, could wipe out some popular consumer protections.

But, Schmidt said, he believes Congress will step in to preserve certain parts of the law if he and 19 other Republican attorneys general succeed in striking down the individual mandate — that everybody buy coverage or face a fine on their tax return — as unconstitutional.

“The most popular policy in the world cannot stand if the Constitution doesn’t permit it,” Schmidt said in an interview. “I am convinced that the Constitution does not permit the mandate absent the tax component.”

That is the crux of the case. The states are arguing that the mandate requiring Americans — with few exceptions — to purchase health coverage became unconstitutional when Congress repealed the tax penalties needed to enforce it.

Still, Schmidt said, the potential consequences of the lawsuit, which is now pending in a federal court in Texas, “give me pause.”

“Congress is going to have to revisit the ACA one way or the other,” he said.

Polls indicate that Americans are particularly concerned about the part of the law that says insurance companies cannot return to their pre-Obamacare practice of refusing to issue policies to people with pre-existing health conditions. They also want to keep provisions to prohibit insurers from charging sick people more for coverage.

“I have a strong suspicion that in the event we prevail, pre-existing conditions, in particular, will be revisited quickly,” Schmidt said. “There is a bipartisan group of mostly Republicans in Congress that just recently introduced legislation to do that.”

U.S. Rep. Kevin Yoder, R-3rd Dist., is among the co-sponsors of a resolution introduced last week that calls on Congress to “support protections” for those with pre-existing conditions.

“Throughout our ongoing health care debates, I have made a promise: I will protect those with pre-existing conditions and ensure they are not denied the affordable coverage and care they need to survive,” Yoder said in a statement, which also noted his sponsorship of H.R. 1121, the Pre-Existing Conditions Protection Act.

Introduced more year-and-a-half ago that bill has not yet been scheduled for a hearing.

Still, Yoder, a four-term incumbent locked in what appears to be a competitive race against Democratic challenger Sharice Davids, could be vulnerable on the issue because of his vote last spring to repeal Obamacare.

The Democratic Congressional Campaign Committee called Yoder’s sponsorship of the non-binding resolution an “empty gesture.”

“It’s no coincidence that 54 days out from election day, vulnerable Rep. Kevin Yoder is doing damage control to hide his unpopular record of voting to gut protections for individuals with pre-existing conditions and raise health care costs on Kansas families,” the DCCC said in a statement.

The issue is also making waves in the U.S. Senate race in Missouri between incumbent Democrat Claire McCaskill and Republican challenger Josh Hawley, the state’s attorney general. Hawley, according to the Kansas City Star, is saying that he too wants to maintain pre-existing condition protections. But, McCaskill said, that is the opposite of what that he and other attorneys general are pushing for in the lawsuit. It argues that striking down the individual mandate should invalidate the entire law.

Jim McLean is managing director of the Kansas News Service, a collaboration of KCUR, Kansas Public Radio, KMUW and High Plains Public Radio covering health, education and politics. You can reach him on Twitter @jmcleanks.
Kansas News Service stories and photos may be republished at no cost with proper attribution and a link back to the original post.

See more at http://www.kcur.org/post/kansas-among-states-challenging-obamacare-court.

Kansas Election Roundtable: ICE in the 3rd, quality vs. loyalty in the 2nd

by Jim McLean, Stephen Koranda and Sam Zeff, Kansas News Service

Democrats attempting to regain control of the U.S. House are going after a couple of Kansas congressional seats. And developments in the 2nd and 3rd Districts caught the eye of Jim McLean and Stephen Koranda of the Kansas News Service and KCUR’s Sam Zeff.

Podcast is at http://www.kcur.org/post/kansas-election-roundtable-ice-3rd-quality-v-loyalty-2nd.

The Kansas News Service will be tracking developments throughout this general election season. Follow Jim McLean on Twitter @jmcleanks and Stephen Koranda is @kprkoranda.
Sam Zeff is KCUR’s metro reporter. You can follow Sam on Twitter @samzeff.
The Kansas News Service is a statewide collaboration between KCUR, Kansas Public Radio, KMUW and High Plains Public Radio covering health, education and politics.

See more at http://www.kcur.org/post/kansas-election-roundtable-ice-3rd-quality-v-loyalty-2nd.

Top candidates for Kansas governor disagree on medical marijuana

by Stephen Koranda, Kansas News Service

The top contenders running for governor say Kansas should not follow Colorado’s lead and legalize recreational marijuana, but they differ on medical marijuana.

At a debate this week, Democratic state Sen. Laura Kelly said a well-regulated medical cannabis system could cut health care costs and offer a treatment alternative to opioids.

“We know from our hospice work and from opioid abuse that there’s a real use for medical marijuana,” Kelly said.

Independent Greg Orman also supports medical marijuana and says penalties for pot possession should be lowered.

Republican Secretary of State Kris Kobach said those proposals should go up in smoke because medical marijuana systems can be abused and lead to recreational use.

“It becomes a ridiculously open gateway for people to just use it for recreational purposes,” Kobach said.

Kobach said products made from cannabis, such as CBD oil, already offer some treatment options.

Libertarian candidate for governor Jeff Caldwell wants to fully legalize marijuana in Kansas.

Another independent candidate for governor, Rick Kloos, doesn’t fully support legalization but does want to decriminalize marijuana use.

Stephen Koranda is Statehouse reporter for Kansas Public Radio, a partner in the Kansas News Service. Follow him on Twitter @kprkoranda. Kansas News Service stories and photos may be republished at no cost with proper attribution and a link back to the original post. To contact KMUW News or to send in a news tip, reach us at [email protected].
See more at http://www.kmuw.org/post/top-candidates-kansas-governor-disagree-medical-marijuana.