Discussion: Voting Rights Groups Threaten Lawsuit Over Obamacare Federal Exchanges

Discussion for article #242311

Interesting. The cons should have a field day cooking up conspiracies with this…

“OBLAMMO MAKIN’ THE BLAH PEOPLE FILL OUT A BLANK BALLOT WHILE THEY’S SIGNIN’ UP FOR THAT THAR 'BOMINATION OF OHAMMYCARE MAH GAWD TEAPARTY SAVE US SHERIFF JOE!”

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One can only hope…

Obama: “Good point. Make it so.”

GOP/Teatrolls: “OH SHIT!”

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That is more or less what I see happening here. The main snag to me would be that these are federal exchanges…registering to vote is a state function. So I don’t see how you can sue the federal government demanding that they take over a state function like that. With regards to state run exchanges, sure. But there is no national voting registration.

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Is it even possible for a federal sign-up site to register for state voting? Do they do that for Social Security, or defense contracting RFP’s, or writing emails to your Congress-critter?

ANother WAY for LIBtards TO REcrUIT aNCHor babIES, MExICANs, POOR PEople and OTHER NON-citizens to VOTE deMONRat. Proving ONCE Again that LIBtards CAN ONLY wIN by CHEating and GAMING the SYSTem!1!!1!1!one1!!!

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OnE!1!1!!!11!!

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Isn’t there an enrollment period for signing up? Once that window passes, shouldn’t registrations drop off?
I’m summarily confused.

Actually, for those familiar with voting rights litigation,

  1. there’s a quite arguable administrative law requirement that the letter described in this post be sent to the US DoJ, and
  2. it’s likely that the DoJ Civil Rights section, maybe encouraged is too strong, but at least was assiduous in informing the potential complainants about the private action option & just assiduously did nothing to discourage resort to it.

One of the threshold issues in such private lawsuits is “standing”. Suing the US AG allows that office to respond formally by engaging in the litigation, including conceding or at least not contesting standing. This forces any states that wish to defend to do so on the risk of it being on their own dime, as well as showing the federal court judge who draws the case that the feds have effectively moved over to sit with the plaintiffs.

(Indeed, for some red states with budget problems, the cost will very likely be seen as prohibitive, particularly where the roster of federal district court judges features a majority of Obama or Clinton-and-Obama appointees. For example, I’d fully expect Alabama, Mississippi & possibly even Arkansas to concede.).

For any of you who’ve closely followed any recount proceedings, such as Coleman/Franken US Senate one in Minnesota in 2008-9, you’ll likely recognize some the attorneys involved in these actions that are pending.

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Yeah. That occurred to me as well. Are there other federal-type sites like this which register voters?

Although as a practical matter the federal exchange is federal in name only, as it merely administers state-specific insurance exchanges. You don’t purchase a federal health insurance plan; you purchase one specific to the state in which you’re domiciled.

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ACORN! and BLACK PANTHERS!!!4!!!7!!!

JADE. FUCKING. HELM. Motherfuckers.

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Good for them. I still don’t understand how States can get away with not following the Motor-Voter Law all these years either. If this federal law passed in 1993 you’d think someone would have taken them to court and had compliance measures in place by now. WTF is going on with not following the law? And the Obama administration not setting up voter registration like they should? That’s just plain dumb, poor execution and eventually hurts everyone.

No excuses. Get it done.

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Indeed. Mine was an oversimplification. What I really see happening here is the GOP/Teatrolls refusing to fund anything even remotely resembling easy-access voting registration via the exchanges, claiming it’s a fatal flaw in the exchanges that requires them to be shut down, creating a select committee to investigate it, holding hearings and then trying to impeach Lynch or someone else from DOJ for refusing to prosecute, etc.

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The problem, see, is if you make it easier for people to register to vote, then some of those people will do so.

Can’t have that, so it’s better to look the other way. At least that’s why the Republicans likely haven’t done anything about it.

Isn’t there an enrollment period for signing up? Once that window passes, shouldn’t registrations drop off?

The enrollment period is only for individual private insurance. This is about Medicaid, which you can sign up for any time.

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And it wouldn’t be HEW where the function would be housed: logically, it’d be within the IRS.

You start to see why the Obama administration has not, and quite possibly cannot, be who’s seen leading this initiative.

In addition to the Republican House members who’ve said they’re pursuing impeachment for the IRS Director, there’s still a whole bunch of important budget confrontations left to go on between the White House and the white folks’ House before they shut the joint down early to go off electioneering, particularly in the two Decembers Obama’s got left.

I’ll readily admit I’ve haven’t thought about this for a while or (yet) in the sort of depth that the subject justifies, but it’s actually not as constitutionally cut and dried as one might imagine. The relevant sections of the CRA and the NVA are still intact and available to be cobbled together such that it’d be open for the courts to order an affected state defendant AND IN THE CASE OF INCAPACITY (say, flowing from the state being restricted to balanced budgeting) the federal administration ‘on account of’’ the state - being language that can be argued as dovetailing with the fed health care insurance exchange applying where a state refuses or neglects not to set up its own state exchange.

Now, I’m not saying that the line of reasoning one might be able to cobble together from those and other federal laws would attract a majority opinion in the SCOTUS (or THIS SCOTUS, at least), but
a) it’s more than possible the litigation envisioned here wouldn’t get that far before next November (After all, the SCOTUS’ agenda for 15-16 is already fixed, and I really can’t see the SCOTUS granting cert to sit on an emergency basis on what could turn out to be half a dozen or more trial level opinions.), and
b) it actually might, given what a sucker Kennedy J is for the pretty face of a personal liberty claim.

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I believe Medicaid enrollment occurs year-round.

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But surely not at the same pace?

When we did a change of address to another state through the USPS, we were given the opportunity to register to vote in our new state (California). We were sent to the CA voter registration site, which mailed us the forms.

Now, that’s California. I’m not so sure all states would be that responsive, but the federal entity (USPS) did do its part.

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I don’t know, but under the ACA’s Medicaid expansion, enrollment into Medicaid is year-round.

For that matter, enrollment into a private insurance plan via the exchange can also happen outside the restricted enrollment period, if the applicant has experienced a “life change” such as a loss of job and accompanying benefits, divorce, etc.

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