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Health Care Sign Ups Begin Despite Government Shutdown by Hazel Trice Edney

POSTED SEPT. 29
UPDATED OCT. 6

Health Care Sign Ups Begin Amidst Government Shutdown
White House Outlines Health Benefits for African-Americans

By Hazel Trice Edney

cabinet watching president
Members of the Cabinet watch as President Barack Obama makes a televised statement on a possible government shutdown, in the Roosevelt Room of the White House, Sept. 30. Photo: David Lienemann/The White House

(TriceEdneyWire.com) - The Affordable Health Care Act (ACA) came fully into the law last week amidst desperate political acts to stop it from happening – including a Republican-led government shutdown which could last for weeks or even longer. 

House speaker John Boehner is currently refusing to allow the Republican-dominated House to even vote on a bill that would reopen the government. Such legislation would easily pass the Senate, which is led by Democrats. 

In a nutshell, the closure of certain government offices and services took place a week ago after a divided Congress failed to reach an agreement to fund federal agencies. Amidst bitter disagreements over the ACA that continued this week, the Republican-led Congress has allowed the closure of non-essential services of the U. S. Government in attempt to force the President to delay the effects of the health care law. But the President has refused to alter his signature legislation.

Some parts of the ACA are already in effect, but millions of Americans have begun shopping for and signing up for full benefits by going to a recently created website, HeathCare.gov, to review the Health Insurance Marketplace. This website offers competing insurance agencies and help guide people to the best insurance choices for them.

Republicans in the House of Representatives, who argue that the ACA is too expensive for small businesses, continued their attempts to defund what they call “Obamacare” this week, but none of the political moves would pass the Democratically-led Senate. Even if it did, President Obama has promised to veto it. The ACA sign up, which started Tuesday, Oct. 1, is encouraged by President Obama despite government closures.

“The Affordable Care Act is moving forward. That funding is already in place.  You can’t shut it down,” he told reporters in a briefing Monday. “This is a law that passed both houses of Congress; a law that bears my signature; a law that the Supreme Court upheld as constitutional; a law that voters chose not to repeal last November.”

The White House recently released a detailed report listing the benefits of the ACA to African-Americans. Those benefits include:

  • Beginning in 2014, the Affordable Care Act will provide 6.8 million uninsured African-Americans an opportunity to get affordable health insurance coverage.
  • Already, an estimated 7.3 million African-Americans with private insurance now have access to expanded preventive services with no cost sharing. These services include well-child visits, blood pressure and cholesterol screenings, Pap tests and mammograms for women, and flu shots for children and adults.
  • The 4.5 million elderly and disabled African-Americans who receive health coverage from Medicare also have access to many preventive services with no cost-sharing, including annual wellness visits with personalized prevention plans, diabetes and colorectal cancer screening, bone mass measurement and mammograms
  • More than 500,000 young African-American adults between ages 19 and 25 who would otherwise have been uninsured now have coverage under their parent’s employer-sponsored or individually purchased health plan.
  • Major federal investments to improve quality of care are improving management of chronic diseases more prevalent among African-Americans.
  • The health care workforce will be more diverse due to a near tripling of the National Health Service Corps. African-American physicians make up about 17 percent of Corps physicians, a percentage that greatly exceeds their 6 percent share of the national physician workforce.
  • Investments in data collection and research will help establish greater clarity on the causes of health care disparities and develop effective programs to eliminate them.
  • Targeted interventions, such as community transformation grants, will promote healthy lifestyles, lower health care costs, and reduce health disparities.
  • Increased funding available to more than 1,100 community health centers will increase the number of patients served. One of every five patients at a health center is African American.
  • States have new opportunities to expand Medicaid coverage to include Americans with family incomes at or below 133 percent of the federal poverty level (generally $31,322 for a family of four in 2013). This expansion includes adults without dependent children living at home, who have not previously been eligible in most states.

As the ACA takes effect, factions of Congress continued to wrangle over budgetary matters with hopes to reopen the government as soon as possible. Meanwhile, the President has made it clear the ACA is non-negotiable as he outlined the effects of the government shutdown.

“If the United States Congress does not fulfill its responsibility to pass a budget today, much of the United States government will be forced to shut down tomorrow,” President Obama said Monday. “And I want to be very clear about what that shutdown would mean - what will remain open and what will not.”

He first ticked off the services that will continue:

  • If you’re on Social Security, you will keep receiving your checks.
  • If you’re on Medicare, your doctor will still see you.
  • Everyone’s mail will still be delivered.
  • Government operations related to national security or public safety will go on.
  • Military troops will continue to serve and will be paid.
  • Air traffic controllers, prison guards, those who are with border control will remain on their posts, but their paychecks will be delayed until the government reopens.

Then, he listed the shutdowns.

  • NASA will shut down almost entirely, but Mission Control will remain open to support the astronauts serving on the Space Station.
  • Office buildings would close.  Paychecks would be delayed.
  • Several hundred thousand workers will be immediately and indefinitely furloughed without pay.
  • Some vital services that seniors and veterans, women and children, businesses and the economy depend on “would be hamstrung,” the President said. Those services include some programs that provide health meals to 2.5 million seniors; compensation, pension and education benefits for veterans and nutrition assistance to mothers with young children. An estimated $10 could be lost if the shutdown lasts a week.
  • Business owners would see delays in raising capital, seeking infrastructure permits, or rebuilding after Hurricane Sandy.
  • Veterans support centers will go unstaffed.
  • Federal tourist destinations, such as national parks, monuments, including the Smithsonian and the Statue of Liberty, will be closed. Cleanup crews and concession workers will also be laid off.

These closures will affect “communities and small businesses that rely on these national treasures for their livelihoods will be out of customers,” said Obama. He appeared especially concerned about how the shutdown will affect furloughed people already fighting a struggling economy.

“What, of course, will not be furloughed are the bills that they have to pay - their mortgages, their tuition payments, their car notes,” the President said. “These Americans are our neighbors. Their kids go to our schools. They worship where we do. They serve their country with pride. They are the customers of every business in this country.  And they would be hurt greatly, and as a consequence, all of us will be hurt greatly, should Congress choose to shut the people’s government down.”

 

Staggering: Percentage of Black Men Serving Life or Life Without Parole by Frederick H. Lowe

Sept. 30, 2013

Staggering: Percentage of Black Men Serving Life or Life Without Parole
By Frederick H. Lowe

Special to the Trice Edney News Wire from TheNorthStarNews.com

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A prison cell is home for many Black men for the rest of their lives.

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(TriceEdneyWire.com) - Black men comprise the largest percentage of prison inmates serving life sentences or life without parole, according to "Life Goes On: The Historic Rise in Life Sentences in America," a new study published this week by The Sentencing Project.  

The two factors partly explain the reason why African-American men are 38 percent of the state and federal prison population, larger than the White inmate population at 35 percent and the Hispanic prison population at 21 percent, said Dr. Ashley Nellis, author of the report and senior research associate at The Sentencing Project, a Washington, D.C.-based organization that seeks alternatives to prison sentences.

Black men serving life in some states is often much higher. Nellis' study reported that in 2012, 159,520 individuals were serving life sentences, and 47.2 percent or 75,267 were Black men.

Those figures, however, are national numbers. In some states, the numbers are much higher. In Maryland, African-Americans are 77.4 percent of the lifer population. In Georgia, African-Americans are 72 percent of the lifer population. In Mississippi, Blacks are 71.5 percent of the lifer population and in the federal-prison system, African- Americans are 62.3 percent of the lifer population. Nearly 60 percent of Black men are serving life without parole. 

Some 46,582 individuals in 2012 were serving life without parole (LWOP), and African-Americans comprised 54.9 percent or 26,962 of those inmates.

In some states, however, African-Americans are sentenced to life without parole at extremely high rates. In Alabama, 68.2 percent of life without parole inmates was Black. In Georgia, the 73.2 percent were Black; in Illinois, 66.8 percent were Black; in Louisiana, 73.4 percent were Black; in Michigan, 67.5 percent are Black; in Mississippi, 70.5 percent were Black and in South Carolina, 67.3 percent are Black.

"The difference between life and life without parole is that a person who is serving life may eventually leave prison. A person who is serving life without parole will never leave prison unless DNA evidence acquits him of the crime.

Most African-Americans who are sentenced to life without parole are men. Only 3 percent of Black women have been sentenced to serve life without parole, Nellis said.

Life without parole is very expensive. As an inmate ages and physical ailments develop, his medical bills can cost taxpayers $100,000 to $150,000 annually, Nellis said.

The study reported that 64.3 percent were serving life for homicide; 13.7 percent for sexual assault/rape; 14.1 percent for aggravated assault/robbery/kidnapping/ 2.0 percent for a drug offense; 4.0 percent for a property offense and 2.0 percent for other offenses.

"It is notable that more than 10,000 people serving life sentences have been convicted of a nonviolent crime, including more than 2,500 for a drug offense and 5,400 for a property crime," Nellis wrote.

So why are so many Black men either serving life or life without parole?

"There is harsher treatment of Black men within the judicial system from the point of arrest through the entire process," Nellis said. "At some point, Whites receive a modification in their arrest or their sentence. Black men receive subpar legal representation and they are arrested for many more crimes than whites except white-collar and sex-related crimes.”

States began enacting life without parole sentences from 1972 to 1976 when the U.S. Supreme Court banned the death penalty. Before the ban, only seven states had life without parole statutes. They were Massachusetts, Michigan, Mississippi, Montana, Pennsylvania, South Dakota and West Virginia.

"The upward creep of life sentences has accelerated in recent decades as an element of the tough-on-crime political environment that began in 1980s," Nellis wrote. "The idea of whole-life prison sentences easily won approval in a period of growing skepticism about the value of rehabilitation."

Black Farmers Get Second Wave of Payments from Bias Suit By Zenitha Prince

Sept. 30, 2013

Black Farmers Get Second Wave of Payments from Bias Suit
By Zenitha Prince

agriculture logo

Special to the Trice Edney News Wire from the Afro American Newspaper

(TriceEdneyWire.com) - A second wave of payouts has begun streaming to Black farmers from the settlement of a lawsuit, commonly referred to as “Pigford II,” against the U.S. Department of Agriculture.

Between 1983 and 1997, thousands of African-American famers suffered rampant discrimination at USDA’s Farm Service Agency offices, which denied them loans solely because of their race, resulting in severe financial and real estate losses.

Those farmers filed a class action lawsuit against the USDA secretary at the time, Pigford v. Glickman, resulting in a settlement of $1 billion that went to about 13,000 farmers.

But about 74,000 other farmers, who filed late, said they either didn’t get notification of an initial lawsuit or lacked the resources and time with which to respond.

The Obama administration, under the leadership of USDA Secretary Tom Vilsack, led efforts to correct the historical wrong as part of one of his top priorities, to “move USDA into [a] new era on civil rights.”

Through intense lobbying from the administration, the Congressional Black Caucus and other Democrats, the 2008 farm bill allowed for those additional claimants to be heard, and in December 2010, Congress appropriated a total of $1.25 billion to provide restitution to successful claimants. A U.S. District Court’s approval of the settlement in October 2011 moved those farmers one step closer to receiving their due.

“This agreement will provide overdue relief and justice to African American farmers, and bring us closer to the ideals of freedom and equality that this country was founded on,” President Obama said at the time.

Lead attorneys for the farmers—State Sen. Hank Sanders of Selma, Ala., and Greg Francis of Orlando, Fla.-briefed leaders of the Network of Black Farm Groups and Advocates about the progress of the claims via a telephone conference in July.

According to call participant John Zippert, director of program operations for the Federation of Southern Cooperatives, the lawyers said the lawsuit’s claims administrator in Portland, Ore., had made decisions on almost all of the 33,000 non-duplicate claims they received and that checks could be in the mail by August.

Sanders said that 17,800 of the Track "A" claimants had been successful and another 800 claims were still being reviewed to see if they were duplicates or multiple claims filed on the same farmland, Zippert reported. The remaining claims were unsuccessful, and no Track "B" claims, for higher monetary damages, had been approved.

All of the Track "A" successful claimants, he added, will receive the full damage payment of $50,000, in addition to payments of $12,500 to the Internal Revenue Service (IRS) to cover that individual’s federal income tax liability for the damage award.

CBC Chairman Rep. Marcia Fudge (D-Ohio) welcomed a final resolution to the decades-long litigation.

“Nearly 14 years after the first Pigford case was filed, I am pleased this chapter of discrimination in the history of the Department of Agriculture is closed,” she said, “and bureaucracy will no longer keep these farmers from receiving their due justice.”

Court Orders Sale of Slavery Museum by Jeremy M. Lazarus

Court Orders Sale of Slavery Museum
By Jeremy M. Lazarus

ldouglaswilderspeaking

L. Douglas Wilder

Special to the Trice Edney News Wire from the Richmond Free Press

(TriceEdneyWire.com) - What is the status of the National Slavery Museum that former Virginia Gov. L. Douglas Wilder has spent more than 10 years trying to build on a 38-acre site in Fredericksburg, Va.? Still undeveloped and now facing city sale of the land for back taxes.

Circuit Judge Joseph J. Ellis has now handed Fredericksburg a victory by issuing an order allowing the city toseize and sell the property. The city has been seeking to do so to collect more than $300,000 in unpaid taxes it claims the never-built museum has amassed since 2007.

Judge Ellis issued his ruling at a hearing in Caroline County, where he was sitting. He did so after being informed that a potential deal for a private sale of the museum’s land had fallen through.

Wilder had been in negotiations with a developer seeking to build a minor-league ballpark and sports complex on the site that overlooks the Rappahannock River. After getting close, the deal fell apart before the hearing, the judge was told. Judge Ellis’ decision though, is unlikely to be the last word in this more than two-year-old tax dispute between the city and the museum that Wilder says he is still committed to develop.

The city has not yet set a date to auction the property. At this point, the museum has at least four ways to halt any sale. It can appeal Judge Ellis’ order, it can sell the property for at least enough to cover the city’s bill, it can refile for protection of the U.S. Bankruptcy Court or it can retain the land and pay off the city’s tax bill, even though that could be inflated.

“All of our options remain open,” said Joseph D. Morrissey, a state delegate who represents the museum. He said he would consult with Wilder, now a co-counsel, on the next step the museum would take to protect its property interest. He said Wilder told Judge Ellis during the hearing that the museum was prepared to pay the city’s tax bill “if the city would just tell him how much was actually owed” from 2007 to 2013.

Morrissey said the question of how much is due is the result of a dispute over the property’s value. The city valued the property at more than $7 million in 2007, but has since reappraised the land for $1.7 million due to deed restrictions and the recession.

The judge refused to hold up the city’s tax-sale request until there is a decision in a separate case the museum has filed against the city seeking a correction of the tax bill based on the city’s finding the land is worth far less than originally thought. Nor would the judge order the city to provide the museum with an updated tax bill, Morrissey said.

Instead, the judge said that the museum’s only choice was to pay off the amount the city wants and then seek a refund if the museum believes it is being overcharged.

“In our view, that is just wrong. The museum should not be required to pay excessive taxes and then seek a refund,” Morrissey said, noting that the state Constitution bars localities from trying to collect higher tax amounts from property owners than are legitimately due. Wilder could not immediately be reached for comment.

Morrissey said Wilder asked him after the hearing, “‘How can a man’s property be seized when no one can tell him what the value of the property is or how much is owed in taxes.’ That is the crux of this case.”

N.C. Attorney General to Probe Police Killing of Unarmed Jonathan Ferrell by Frederick H. Lowe

Sept. 30, 2013

N.C. Attorney General to Probe Police Killing of Unarmed Jonathan Ferrell
Two of the District Attorney's Former Partners Are Representing the Cop
By Frederick H. Lowe

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Johnathan Ferrell


kerrick
Randall Kerrick

Special to the Trice Edney News Wire from TheNorthStarNews.com

(TriceEdneyWire.com) - Roy Cooper, the North Carolina Attorney General, will investigate the shooting death by a Charlotte-Mecklenburg police officer of Jonathan A. Ferrell, a 24 year-old black man, who was seeking help following a car accident.

Cooper said he took over the investigation at the request of R. Andrew Murray, Mecklenburg District Attorney.  "Special prosecutors in the Attorney General's Office have agreed to handle the case of Charlotte Mecklenburg Police Department officer Randall Kerrick,” Cooper said.

Kerrick fired 12 shots at Ferrell, wounding him 10 times as Ferrell ran towards Kerrick and two other officers seeking help following a one-car accident.  Ferrell, who was unarmed and did not have a criminal record, died at the scene. The deadly shooting occurred at 2:36 am on Saturday, September 14 http://www.thenorthstarnews.com/fullstory/story/police-kill-former-florida-am-student-seeking-help-after-a-car-accident

Ferrell's car hit several trees and rolled down an embankment. Ferrell kicked out the car's rear window to escape, police said.

The former Florida A&M football player ran to a nearby house and pounded on the door, seeking help, but the woman, Sarah McCarthy, called the police. She stated that Ferrell was trying to kick in the door.

When Kerrick and officers Thornell Little and Adam Neal arrived at the home, they saw Ferrell, according to Charlotte-Mecklenburg police. One of the officers fired a Taser Gun. Kerrick drew his gun and shot Ferrell dead. Charlotte-Mecklenburg is in Charlotte, N.C.

"The investigation showed that the initial encounter of Mr. Ferrell and Officer Kerrick was appropriate and lawful," police said. "The evidence revealed that Mr. Ferrell did advance on Officer Kerrick and the investigation showed that the subsequent shooting of Mr. Ferrell was excessive. Our investigation has shown that Officer Kerrick did not have a lawful right to discharge his weapon during this encounter."

Prosecutors charged Kerrick with voluntary manslaughter, according to police.

Cooper said "The Attorney General's Special Prosecutions Section is available to all district attorneys in the state when there is a conflict or when there are other issues that prevent a district attorney from handling the case."

Before being elected district attorney for Mecklenburg County, Murray was a partner in the Charlotte, N.C., law firm of Goodman, Carr, Laughrun, Levine, Murray & Greene.

George Laughrun and Michael Greene, two of the firm's partners, are representing Kerrick in Ferrell's shooting death.
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