The Goat Pen

Al Roker considers tropical storms as garish.

RALEIGH — Minutes after a labor organizer from Rocky Mount was convicted of all charges related to his arrest in “Moral Monday” protests at the state legislature, the lawyer who represented the demonstrator asked the judge to recuse herself from other cases.

Judge Joy Hamilton, a former Wake County District Court judge appointed by the state to preside over the Moral Monday trials, took the matter under advisement.

Saladin Muhammad, 68, the Rocky Mount organizer, was among the early wave of protesters arrested during the Moral Monday demonstrations at the General Assembly and was the first to be tried and convicted in Wake County District Court on Friday.

Al McSurely, the lawyer representing Muhammad, gave immediate notice of plans to appeal the verdict to Wake County Superior Court.

The trial, which lasted most of Friday, offered a glimpse of the video evidence and arguments that prosecutors plan to employ as more than 900 Moral Monday cases make their way through the courts.

It also offered a glance at defense strategies and the strengths and weaknesses in the state’s cases.

Muhammad was among 49 demonstrators arrested inside the N.C. Legislative Building on May 13, wearing a yellow armband like many of the protesters to symbolize the “rising of labor like the sun.”

On that Monday evening, nearly 200 people crowded around the rotunda fountain on the second floor, outside the doors of the chamber where the state House was doing business.

The demonstrators were protesting tax plans, education policies, health care proposals, welfare cuts, environmental regulations and new voting policies.

Details of arrest

Muhammad, who took the stand in his defense, said he joined the rally that night to protest a specific state law that he thought would be harmful to labor. He was not happy with new policies adopted by the Republican-led General Assembly, and he wanted to voice his frustrations.

That day, Muhammad had gone to a meeting organized by the state chapter of the National Association for the Advancement of Colored People before heading to the legislative building with a crowd of people as upset as he was about the agenda of the lawmakers.

They gathered outside the building, then went through the front doors into what many of the demonstrators called “the people’s house,” and sang, chanted and raised their voices.

General Assembly police used bullhorns to tell the protesters to quiet down. “You have five minutes to leave,” General Assembly Police Chief Jeff Weaver called out to protesters. That night, 49 women and men were arrested.

Muhammad was charged with second-degree trespassing, failure to disperse on command and posting or displaying signs or placards in violation of building rules.

McSurely challenged the charges on multiple fronts Friday, but he was unsuccessful in persuading the judge that Muhammad was within his state and federal constitutional rights to speak out as he did against legislative policies he thought were damaging the state.

Prosecutor’s argument

Mary Elizabeth Wilson, the assistant Wake County district attorney assigned to the 940 cases stemming from the “Moral Monday” arrests, argued that Weaver, the police chief tasked with keeping peace inside the building, could order people to disperse and leave the state property if he had “reason to believe” there might be violent and risky behavior.

The judge agreed with the prosecutor’s argument, saying the officer must “reasonably believe disorderly conduct is occurring.”

That ruling and the rejections of arguments about constitutional violations opened the door for other convictions in those cases yet to be resolved.

At least 19 people have accepted plea deals offered by Wake District Attorney Colon Willoughby. The county’s chief prosecutor agreed to defer prosecution of people who did community service and paid $180 in court fees and fines.

Muhammad, who received his first criminal conviction Friday, was ordered to pay $100 fine.

After his hearing, he said he was troubled by the verdict.

“It’s not a good feeling when the Constitution is disregarded,” he said.

‘Judge shopping’ charge

McSurely said he was surprised to hear a judge in district court rule on constitutional issues. He disagreed with her interpretation of state law and the leeway it offered the police chief to decide who should and shouldn’t be in the building.

“They were saying, he has unfettered discretion,” McSurely said.

McSurely then went back inside the courtroom and asked Hamilton to recuse herself from his next cases stemming from the same demonstration. The evidence in those cases, he said, would be virtually the same as in the case she just ruled on, making it difficult for a different outcome.

“You have apparently already made a very important and factual decision,” McSurely said.

Wilson, the prosecutor who won the day, accused McSurely of judge-shopping and argued that the judge should not recuse herself.

“I’m not judge-shopping,” McSurely said. “I just don’t see how you can go against this judgment after you’ve already made it.”

Lawyers representing other demonstrators were at the daylong hearing.

Irv Joyner, one of those attorneys, said the decisions might prompt some changes in strategy.

“It’s something we’ll have to talk about,” he said.

Read more here: http://www.newsobserver.com/2013/10/04/ ... rylink=cpy

In California, 1.9 million people buy plans on the open market, according to officials with Covered California, the state's new health insurance exchange. And many of them are steaming mad.

"There's going to be a number of people surprised" by their bills, said Jonathan Wu, a co-founder of ValuePenguin, a consumer finance website. "The upper-middle class are the people who are essentially being asked to foot the bill, and that's true across the country."

Covered California spokesman Dana Howard maintained that in public presentations the exchange has always made clear that there will be winners and losers under Obamacare.

"Some people will see an increase who are already on the individual market purchasing insurance," he said, "but most people will not."

Covered California officials note that at least 570,000 of the 1.9 million people who buy their own insurance should be eligible for subsidies that will reduce their premiums.

Even those who don't qualify for the tax subsidies could see their rates drop because Obamacare doesn't allow insurers to charge people more if they have pre-existing conditions such as diabetes and cancer, he said.

People like Marilynn Gray-Raine.

The 64-year-old Danville artist, who survived breast cancer, has purchased health insurance for herself for decades. She watched her Anthem Blue Cross monthly premiums rise from $317 in 2005 to $1,298 in 2013. But she found out last week from the Covered California site that her payments will drop to about $795 a month.

But people with no pre-existing conditions like Vinson, a 60-year-old retired teacher, and Waschura, a 52-year-old self-employed engineer, are making up the difference.

"I was laughing at Boehner -- until the mail came today," Waschura said, referring to House Speaker John Boehner, who is leading the Republican charge to defund Obamacare.

"I really don't like the Republican tactics, but at least now I can understand why they are so pissed about this. When you take $10,000 out of my family's pocket each year, that's otherwise disposable income or retirement savings that will not be going into our local economy."

http://www.mercurynews.com/nation-world ... s-bay-area

A good read.

Obamacare's Winners and Losers in the Bay Area

http://www.mercurynews.com/nation-world ... s-bay-area

Health care inflation costs routinely increase at least 4 percent annually, said Ken Wood, a senior advisor for Covered California. Those increases, he noted, are due to an aging population and the rising cost of new medical technology and drugs, among other factors.

But Wood, Wu and others also said premiums will rise as a result of people getting better insurance under the new law, which requires most Americans, with few exceptions, to buy health insurance no later than March 31, or pay a $95 minimum penalty.

The law's intent is to cover people who are now uninsured by making insurance accessible to everybody. But that means rates will rise for many because sick and healthy people will now be charged the same premium.

Adding a required list of 10 essential benefits to all plans is also significant. A study published last year in the journal of Health Affairs said more than half of Americans who had individual insurance in 2010 were enrolled in plans that would not qualify because they didn't meet all the new requirements.

Wood likened these mandates to the higher cost of buying cars today that must have safety features like air bags and anti-lock brakes.

The law also will often make some policies more expensive because it limits out-of-pocket expenses to $6350 annually for an indiviudal and $12,700 for a family. In addition, the law restricts the minimum and maximum premiums that people can be charged based on their age.

(Continued)

Now a 64-year-old can be charged almost five times more than a 21-year-old. Beginning Jan.1, it will be a 3-1 ratio.

Those explanations, however, don't completely satisfy Waschura and Vinson.

"I'm not against Obamacare," Waschura said. "It's just the initial shock. I'm holding out hope that there will be a correction over a handful of years."

But to Gray-Raine, the breast cancer survivor from the East Bay, that correction has already come.

"Obamacare is a huge step in the right direction for those of us without employer coverage," she said, adding that she hopes everyone will "join in and make this new legislation a success for all."

by Tracy Seipel tseipel@mercurynews.com

So we have tacit admission that there will be winners and losers, the only thing left is the working ratio of said. ACA is SS on steroids, young pay for old, healthy pay for sick and the gubment is the referee. Where have we seen this before? This will fail quicker than the Church of Anthropogenic Warming.

Toemeesleather wrote:So we have tacit admission that there will be winners and losers, the only thing left is the working ratio of said. ACA is SS on steroids, young pay for old, healthy pay for sick and the gubment is the referee. Where have we seen this before? This will fail quicker than the Church of Anthropogenic Warming.

Take out the "tacit." I admit to everything - it's all just a socialist boondoggle designed to bring down America. It'll be a an epic disaster and will fail quicker than Bombs Across Syria, DVD Gifts to British Royalty, and yeah that Warming Church thingy. Dems will go into hiding, Hillary will bow out of politics in order to bake cookies, and the leader of the free world will eventually be a guy named Rafael Cruz.

But in the meantime, I'm going to get me that free colonoscopy while paying less in premiums. So I got that going for me..

bluetick wrote:

Toemeesleather wrote:So we have tacit admission that there will be winners and losers, the only thing left is the working ratio of said. ACA is SS on steroids, young pay for old, healthy pay for sick and the gubment is the referee. Where have we seen this before? This will fail quicker than the Church of Anthropogenic Warming.

Take out the "tacit." I admit to everything - it's all just a socialist boondoggle designed to bring down America. It'll be a an epic disaster and will fail quicker than Bombs Across Syria, DVD Gifts to British Royalty, and yeah that Warming Church thingy. Dems will go into hiding, Hillary will bow out of politics in order to bake cookies, and the leader of the free world will eventually be a guy named Rafael Cruz.

But in the meantime, I'm going to get me that free colonoscopy while paying less in premiums. So I got that going for me..

I hope the GOP tells the President "...with all due respect Mr President, go fuck yourself. You are getting NOTHING from us. We'll keep the government shut down until November 6th 2014 if we must."

Of course tick thinks it is great. Anytime you confiscate from the haves and give to the have nots progress is being made.

Oh, and just a reminder:

"If you like your health care plan, you can keep your health care plan."

innocentbystander wrote:
I hope the GOP tells the President "...with all due respect Mr President, go fuck yourself. You are getting NOTHING from us. We'll keep the government shut down until November 6th 2014 if we must."

Nice little fantasy you have there...maybe throw in Steven Seagal and a flame-thrower. Early Seagal, not the current fat fuck one.

sardis wrote:Of course tick thinks it is great. Anytime you confiscate from the haves and give to the have nots progress is being made.

Sardis, let me reintroduce you to the Emergency Medical Treatment and Active Labor Act (EMTALA) of 1986. It requires hospitals to provide care to anyone needing emergency healthcare treatment regardless of citizenship, legal status, or ability to pay...with no reimbursement provisions. Signed into law by that great Progressive, Ronald Reagan.

Now, think back to the $80 plastic bedpan and $60 tylenol and similarly priced items on your last hospital bill.

Any chance you can see a correlation there? Take all the time you need.

"If you like your health care plan, you can keep your health care plan."

I'm not buying any plan until these old crusty fucks figure it out. I'll pay the fine & if I get sick I'll get better on your dime & then declare bankruptcy.

Open Enrollment started today:

*Premiums up 16%

*Regular Co-Pays up 60% and that is on top of a 67% increase from the year before.

*Annual Deductible up 33% per person as well as per family

*Out of Pocket Max up 20% per person as well as per family

Funny how Vision and Dental are not a part of Opramacare and saw NO increases. Crazy huh?

ACA = Designed to fail.

"Because the American Indian Counsel has
requested the NFL disassociate itself from
Indian Names, the Washington Redskins
have announced that they will change their
name to the Washington Foreskins, in honor
of all the dickheads in Washington DC."

All those teaparty rallies and all those signs denouncing oprama as a foreign-born terrorist and traitor and a commie/socialist/fascist. The Fundamentalists who see him as a usurper and a spawn of Satan. All that rwnj rhetoric about him being hellbent on destroying America, either as a class warrior or a rascist.

What if they' were right? What if Cruz and Co. are playing chicken with Homeland himself? I mean...at least some of them are banking on oprama caving at the last minute on something (anything) so they can claim victory and the nation won't go into default and implode the world's economy. "You can stop this Mr. President - just show some good faith." And tell that equally traitorous wife of yours we said hello.

You gotta love a good irony. The people most convinced that our prez is out to destroy us...are giving him the means to do it.

I'm not a fan of the ACA. I think we needed to bolster Medicaid to cover more of the uninsured working poor, tweak some insurance laws, and leave the system we have in place alone (at least for now).

That said, the ACA was passed by Congress, signed by the President, and affirmed by the US Supreme Court. You don't get better Constitutional chops than that. If you're going to take it down, you do so by voting it down or out, not by shutting down the government.

Raising the debt ceiling is common. We did it 18 times under Reagan. You didn't hear much about it then because we raised it and went on. My fear is that from now on, the party opposite to a law or piece of legislation will use government shutdowns as a weapon. This will hurt us, not help us.

Either give us what we want or we will shut it down and if you give us what we want, we'll keep the govt open for 2 months and then go through this again

" If you're going to take it down, you do so by voting it down or out, not by shutting down the government. "

If my monthly insurance tab goes up to $410 and that's the absolute lowest I can get, I'll do my part to help vote it down...

ACA = Designed to Fail.

WSJ had web companies look at the code for the exchanges and its for crap. Whose brother in law or former staffer got the contracts for that?