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A28 u.s. news
Diaranson 14 october 2020

Health care law on line at court, but is it likely to fall?

(AP) — To hear Demo- a law that was otherwise al- tions, including for preexist- conservative-led states argue school.
crats tell it, a Supreme lowed to remain in force. ing health conditions. Other that the change makes the re- Another participant in that
Court with President Democratic lawmakers, how- Democrats on the panel quirement unconstitutional event, Roman Martinez,
Donald Trump's nominee ever, sounded alarm bells made similar points. and also dooms the rest of the agreed. He said he thought it
Amy Coney Barrett could Monday, the start of four law because the mandate was could be a case that surprises
quickly get rid of the law days of hearings before the Democrats also repeatedly so central to it. some people in that the jus-
that gives more than 20 Senate Judiciary Committee brought up words Barrett tices might be able to resolve
million Americans health for Barrett. wrote in 2017, when she But the court could simply it in a broad agreement, rath-
insurance coverage. The party's vice presidential was a law professor, criti- “sever” the mandate from er than along partisan lines.
nominee Kamala Harris, who cizing Chief Justice John the law and leave the rest of
But that's not the inevitable sits on the committee, said Roberts' 2012 opinion sav- the law alone. Many observ- The case could also be ren-
outcome of a challenge the Republicans are “trying to get ing the Affordable Care Act. ers see that as a likely out- dered virtually meaningless
court will hear Nov. 10, just a justice onto the Court in Barrett wrote that Roberts come and note the upheaval if a new Congress were to
one week after the election. time to ensure they can strip had "pushed the Affordable that would result across the restore a modest penalty for
Yes, the Trump administra- away the protections of the Care Act beyond its plausible American healthcare system not buying health insurance,
tion is asking the high court Affordable Care Act.” meaning to save the statute." if the law were to be struck though that seems unlikely to
to throw out the Obama-era down in its entirety. happen.
healthcare law, and if she is "If they succeed, it will result After that 5-4 ruling, which Before the Supreme Court's One other key observer of
confirmed quickly Barrett in millions of people losing split the court along ideologi- term began in October, Paul the case suggested the Af-
could be on the Supreme access to health care at the cal lines, the justices rejected Clement, who argued in the fordable Care Act would
Court when the court hears worst possible time: in the a second major challenge to 2012 Affordable Care Act likely stand. Earlier this year,
the case. middle of a pandemic," the the healthcare law by a vote case, said he wasn't sure that Virginia's William & Mary
California senator said. of 6-3 in 2015. the addition of a new justice law school held a mock ar-
But even if the justices agree Sen. Dianne Feinstein, Cali- The case before the court this would change the outcome gument in the case. While
that the law's mandate to buy fornia's other senator and the year stems from Congress' of the case. He suggested that the individual votes were not
health insurance is uncon- committee’s senior Demo- decision in 2017 to eliminate it is unlikely that the whole made public, no one on the
stitutional because Congress crat, said, “Health care cover- the law’s unpopular fines for statute will fall. eight-person panel — which
repealed the penalties for age for millions of Americans not having health insurance. included judges, law profes-
not complying, they could is at stake with this nomi- “I think the challengers have sors and a journalist — voted
still leave the rest of the law nation.” And Sen. Sheldon Despite repealing the fines, a very uphill battle” in argu- to strike down the entire law.
alone. That would be con- Whitehouse of Rhode Island lawmakers left in place the ing that the ACA should be
sistent with other rulings in called Barrett's nomination law's requirement that vir- struck down in its entirety, he Among those playing the role
which the court excised a a “judicial torpedo aimed” at tually all Americans have said during a virtual event or- of justice: Amy Coney Bar-
problematic provision from Affordable Care Act protec- coverage. Texas and other ganized by Georgetown's law rett.

Chief: No reason to fire Wisconsin officer who killed teen

(AP) — The police chief Milwaukee County's dis- pic, to look into a complaint this point, and none that I can ment. The decision to not
of a Milwaukee suburb trict attorney announced last filed by the family of one of see, (for why) he should be charge Mensah in Cole's
that has seen protests and week that like the first two fa- the men Mensah killed. removed from the force," the death sparked five nights of
unrest since an officer was tal shootings, Mensah would In a report provided to The chief said. Kimberley Motley, protests in Wauwatosa, in-
cleared of criminal wrong- not be charged in Cole's Associated Press by Cole's the Cole family's attorney, re- cluding a gathering Sunday
doing in the fatal shooting death. In his report, he noted family's attorney, Biskupic jected Weber's position, again that was much more peace-
of a Black teenager in Feb- that officers said Cole point- recommended that Men- calling Mensah “unfit" and ful than protests last week in
ruary said Monday that he ed a gun at them and refused sah be fired because he felt renewing her call that he and which demonstrators clashed
sees no reason why the of- to drop it, and that Mensah the risk was too great that the chief be fired. with police, who used tear
ficer should be fired. could successfully argue he Mensah would fatally shoot gas and rubber bullets to dis-
fired in self-defense. someone else, which would “I think that position of the perse them.
Joseph Mensah, who is also create “an extraordinary, un- chief is another reason why
Black, fatally shot 17-year-old Although Mensah won't face warranted and unnecessary he needs to be terminated as Cole was the third person
Alvin Cole on Feb. 2 outside charges, the Wauwatosa Po- risk" to the city and police well,” Motley said, adding: Mensah has killed on the job
the Mayfair Mall in Wauwa- lice and Fire Commission is department. “Joseph Mensah is not cred- since he joined the force in
tosa. Cole was the third per- considering firing him. The ible and neither is Chief We- 2015. He shot Antonio Gon-
son Mensah shot and killed commission asked an inde- After five nights of pro- ber.” zales in 2015 after police said
since joining the police force pendent investigator, former tests and sporadic unrest, Mayor Dennis McBride, who Gonzales refused to drop a
five years ago. U.S. Attorney Steven Bisku- police Chief Barry Weber also spoke at the news con- sword. A year later, Mensah
said during an online news ference, openly questioned shot Jay Anderson Jr. in a car
conference Monday that he in the past whether Mensah parked in a park after hours.
disagrees with Biskupic's should remain on the force. Mensah said he saw a gun
recommendations because But on Monday, he declined on the passenger seat and
Mensah was found to have to say where he now stands, thought Anderson was reach-
acted legally when he used explaining that he didn't want ing for it. He was cleared of
deadly force in all three to put additional pressure on wrongdoing in each case.
shooting deaths. the police and fire commis-
“I’ve never heard of any po- sioners. The protests in Wauwatosa
lice officer ever being disci- are just the latest in a series
plined for something they “I’m not a police officer, of demonstrations against
may or may not do in the fu- I’m not a psychologist. I’m a police racism and brutality
ture,” Weber said, noting that mayor, I’m a lawyer. Those that have erupted across the
the decision is ultimately up things don’t qualify me to country since George Floyd’s
to the commission to decide. judge (the) fitness of police death. Floyd, who was Black,
officers,” McBride said. died in May after a white po-
“Joseph Mensah’s been lice officer in Minneapolis
cleared by the district attor- Mensah's attorney, Jonathan pressed his knee into his neck
ney in three different cases. Cermele, did not immedi- for several minutes despite
There’s been no reason to ately return a call for com- Floyd's pleas for air.