Texas V Azar: Another Legal Challenge With Tenuous Logic And Significant Potential Ramifications
When GOP lawmakers passed the Tax Cuts and Jobs Act that prospectively repealed the individual mandate penalty, it triggered a new lawsuit filed by 20 Republican-led states .
The plaintiff states argument is essentially this: The Supreme Court ruled in 2012 that the individual mandate was constitutional because the fine for non-compliance was deemed a tax rather than a penalty. Now that the tax for non-compliance with the individual mandate has been set at $0, plaintiffs in Texas v. Azar are arguing that the entire ACA is unconstitutional and should be struck down.
Legal scholars on both sides of the issue believe that this is an absurd argument, but Judge Reed OConner sided with the plaintiffs in December 2018, ruling that the ACA should be invalidated. And a few months later, the Trump administration agreed that the ACA should be overturned.
Oral arguments were held in the Fifth Circuit Court of Appeals in July 2019, with Democratic-led states stepping in to defend the ACA since the Department of Justice has agreed with the plaintiffs in the case.
A group of Democratic-led states subsequently asked the Supreme Court to step in and hear the case during the 2020 term, instead of waiting for it to make its way back through the lower court. But the Supreme Court declined to do so. So for the time being, the Appeals Court is awaiting a decision from the lower court in terms of which provisions of the ACA should be overturned.
What Activists And Democrats Want To Happen
For years, Democrats and activists alike have pushed for an independent redistricting commission to draw Indianas maps. Their argument is that only an independent group can do so without party influence.;
But Republicans have long stifled any legislation that would make that change.;
Now activists such as Common Cause and;All IN for Democracy; and Democrats alike are asking for a transparent process with more time for analysis of the proposed maps and public comment after the proposed maps are released.;
What Is Gerrymandering And Does Indiana Do It
Gerrymandering is the practice of drawing electoral district lines to favor one political party or group over another.;
Indianas current state and congressional maps substantially favor Republicans, according to a recent study commissioned by activist group Women4Change and completed by;Christopher Warshaw, a political science professor at George Washington University.
Warshaw arrived at that conclusion by looking at the number of wasted votes; or the number of votes above what is needed to win in Democratic districts compared to those in Republican districts.;
During the 2012 House race immediately following redistricting, for example, the efficiency gap; or difference between wasted Republican and wasted Democratic votes;; was more extreme than 95% of other statehouse elections;throughout the country and in Indiana over the past five decades.;
Likewise, the 2014 state Senate election results, when the 2011 plan fully went into effect, had a higher efficiency gap than 96%;of other state Senate elections. A similar gap exists on the congressional side.;
Warshaw concluded the disparity wasnt just due to Indianas natural geographical makeup.;
Wesco argued that the maps Indiana uses currently are more fair than those used in the early 2000s when Democrats controlled the House.
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Permission To Reproduce Cawp Materials
Reproduction of information on the CAWP website for non-commercial purposes is encouraged, provided that clear and visible credit is given to Center for American Women and Politics, Eagleton Institute of Politics, Rutgers University. Any information reproduced must include footnotes/endnotes that apply to that information. Commercial reproduction requires prior permission in writing from the Center for American Women and Politics. All CAWP fact sheets are available on this web site and may be downloaded and copied as needed.
Voting Members By State
As of July;30,2021:
|Executive Director of EMILY’s ListPolitical aide
|Delaware Health and Social Services SecretaryDelaware Labor Secretary
|Assistant General Counsel to the Florida Department of Community AffairsPresident of the Florida Association of Women Lawyers
|McLean County Board of CommissionersAir Force pilot
|President of the Maryland Board of Higher Education
As of January;3,2021:
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South Carolina House Of Representatives Elections 2012
South Carolinas 2012 legislative elections were marred by a series of events that eventually led to nearly 250 candidates being removed from the primary ballot. Here is a brief timeline of those events, followed by a detailed account of what happened.
- Deadline for candidates to file a required statement of economic interest. Many candidates from both parties fail to do so.
- Week of April 16: The State Ethics Commission gives candidates an additional 10 days to turn in the form. Democrats call the decision unfair while Republicans say that they are okay with it.
- May 2: The South Carolina Supreme Court rules any candidate who did not file the form must be removed from the ballot. Calls for a rehearing are denied.
- May 9: While the Senate attempts to pass legislation to allow challengers back on ballot, attorney Todd Kincannon requests a delay in the primary. Both efforts fail.
- Primaries take place as scheduled.
Additional filing time
Republicans said they were fine with the commissions decision.
Elections to the U.S. House were held on . All 435 seats were up for election.
In 2010, 54 incumbents lost to challengers in the general election with Republicans swinging 63 total seats in their favor.
The 147 Republicans Who Voted To Overturn Election Results
When a mob of President Trumps supporters stormed the Capitol building on Wednesday, they forced an emergency recess in the Congressional proceedings to officially certify the results of the 2020 presidential election. The disruption came shortly after some Republican lawmakers made the first of a planned series of highly unusual objections, based on spurious allegations of widespread voter fraud, to states election results. The chambers were separately debating an objection to Arizonas results when proceedings were halted and the Capitol was locked down.
When the Senate reconvened at 8 p.m., and the House of Representatives an hour later, the proceedings including the objection debates continued, although some lawmakers who had previously planned to vote with the objectors stood down following the occupation of the Capitol. Plans to challenge a number of states after Arizona were scrapped, as well but one other objection, to Pennsylvanias results, also advanced to a vote. Here are the eight senators and 139 representatives who voted to sustain one or both objections.
Republicans Win Control Of House With Historic Gains
Republicans expected to pick up between 60 and 70 seats in House, ABC projects.
John Boehner Gets Emotional at NRCC
The GOP House victory would be the biggest gain for a party in a midterm since 1938, when Democrats lost 71 seats amid deep economic malaise during the Great Depression.
House Minority Leader and likely future speaker John Boehner was moved to tears when he addressed a crowd of supporters in Washington.
With their voices and their votes, the American people are demanding a new way forward in Washington, Boehner said. The peoples priorities will be our priorities. The peoples agenda will be our agenda. This is our pledge to America, this is our pledge to you.
The president called Boehner to congratulate him on the Republicans big win. Boehners office released a statement saying the two men discussed working together to focus on the top priorities of the American people, which Boehner has identified as creating jobs and cutting spending.
Thats what they expect, Boehner said. He thanked the president for the call.
From Virginia to Indiana, Florida to North Dakota, Democratic incumbents felt the wrath of an angry electorate, fueled by record turnout among conservative voters, exit polls showed.
Comparison To The Senate
As a check on the regional, popular, and rapidly changing politics of the House, the Senate has several distinct powers. For example, the “advice and consent” powers are a sole Senate privilege. The House, however, has the exclusive power to initiate bills for raising revenue, to impeach officials, and to choose the president if a presidential candidate fails to get a majority of the Electoral College votes. The Senate and House are further differentiated by term lengths and the number of districts represented: the Senate has longer terms of six years, fewer members , and larger constituencies per member. The Senate is referred to as the “upper” house, and the House of Representatives as the “lower” house.
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In 2012 Democrats Won The Popular Vote But Lost The House Not This Year
It didnt take long in the wake of the 2012 elections for Democrats to point out an inconsistency: The party won the popular vote in House races by more than 1 million votes, but the Republicans still controlled more seats. This was fodder for all sortsofprognostication, focusing on redistricting and the Big Sort;as possible rationales.
That same scenario didnt repeat itself this year, however. In fact, 2012 is one of only two times in the past 12 cycles that the winner of the House popular vote didnt also win more seats. The other was 1996, when Democrats barely won more of the popular vote. Both years followed strong shifts in control of the House.
Looking at the data another way, 2012 is the big dot on the graph below, the one point thats distinctly not in either the lower left quadrant or the upper right .
Also note in the first graph that, since 1992, Democrats have received more of the popular House vote in four of six presidential cycles. Republicans have received more votes in five of the six midterm cycles. So 2016 seems to be setting up as a possible repeat of 2012: a presidential year following a dominant Republican performance. It could be a much better test of whether the Big Sort is providing a substantial long-term benefit to the GOP or if 2012 was an outlier.
An Incoming Class Of History
Several of the newly elected state representatives are making history.;
The Republican Madison Cawthorn, 25, who beat the Democrat Moe Davis to represent North Carolinas 11th Congressional District, will become the youngest member of Congress in modern history.
The Democrat Cori Bush is set to become the first Black congresswoman from Missouri after winning in the states 1st Congressional District.
The Democrats Mondaire Jones and Ritchie Torres will also be the first openly gay Black men to serve in Congress, after winning in New Yorks 17th and 15th districts respectively.
And nine out of the eleven Republicans who have so far unseated incumbent Democrats are women wins that will drastically expand the representation of women and especially of women of color in the House Republican caucus.
Currently, there are just 13 voting female Republican representatives in the House and 11 female Republican incumbents who ran for reelection in 2020.
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How Many Republicans Voted For Obamacare
The Affordable Care Act, also called Obamacare, received no Republican votes in either the Senate or the House of Representatives when it was passed in 2009. In the Senate, the bill was passed with a total of 60 votes, or 58 Democratic Party votes and 2 Independent Party votes. The House passed the legislation with 219 Democratic votes.
The Affordable Care Act received 39 votes against it in the Senate, all from Republicans. One senator abstained from voting. In the House, the ACA received 212 votes against it, with 34 coming from the Democratic Party and 178 from the Republican Party. There were enough votes for the ACA in the Senate to prevent an attempt to filibuster the bill, while the House vote required a simple majority.
The ACA originated in the Senate, though both the House and Senate were working on versions of a health care bill at the same time. Democrats in the House of Representatives were initially unhappy with the ACA, as they had expected some ability to negotiate additional changes before its passage. Since Republicans in the Senate were threatening to filibuster any bill they did not fully support, and Democrats no longer had enough seats to override the filibuster, no changes could be made. Since any changes to the legislation by the House would require it to be re-evaluated in the Senate, the original version was passed in 2009 on condition that it would be amended by a subsequent bill.
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Membership Qualifications And Apportionment
Under Article I, Section 2 of the Constitution, seats in the House of Representatives are apportioned among the states by population, as determined by the census conducted every ten years. Each state is entitled to at least one representative, however small its population.
The only constitutional rule relating to the size of the House states: “The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative.” Congress regularly increased the size of the House to account for population growth until it fixed the number of voting House members at 435 in 1911. In 1959, upon the admission of Alaska and Hawaii, the number was temporarily increased to 437 , and returned to 435 four years later, after the reapportionment consequent to the 1960 census.
Personnel Mail And Office Expenses
House members are eligible for a Member’s Representational Allowance to support them in their official and representational duties to their district. The MRA is calculated based on three components: one for personnel, one for official office expenses and one for official or franked mail. The personnel allowance is the same for all members; the office and mail allowances vary based on the members’ district’s distance from Washington, D.C., the cost of office space in the member’s district, and the number of non-business addresses in their district. These three components are used to calculate a single MRA that can fund any expenseâeven though each component is calculated individually, the franking allowance can be used to pay for personnel expenses if the member so chooses. In 2011 this allowance averaged $1.4 million per member, and ranged from $1.35 to $1.67 million.
The Personnel allowance was $944,671 per member in 2010. Each member may employ no more than 18 permanent employees. Members’ employees’ salary is capped at $168,411 as of 2009.
About Legislative Sessions In Colorado
The Tenth Amendment of the U.S. Constitution declares that any power not already given to the federal government is reserved to the states and the people. State governments across the country use this authority to hold legislative sessions where a states elected representatives meet for a period of time to draft and vote on legislation and set state policies on issues such as taxation, education, and government spending. The different types of legislation passed by a legislature may include resolutions, legislatively referred constitutional amendments, and bills that become law.
Article V of the Colorado Constitution establishes when the Colorado General Assembly, of which the House is a part, is to be in session. Section 7 of Article V states that the Assembly is to convene its regular session no later than the second Wednesday of January of each year. Regular sessions are not to exceed one hundred twenty calendar days.
Section 7 also states that the Governor of Colorado can convene special sessions of the General Assembly. Special sessions can also be convened by a two-thirds vote of the members of both legislative houses.
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Most Recent Election For Speaker
The most recent election for House speaker took place January 3, 2021, on the opening day of the 117th United States Congress, two months after the 2020 House elections in which the Democrats won a majority of the seats. Incumbent speaker, Democrat Nancy Pelosi, secured a narrow majority of the 427 votes cast and was elected to a fourth term. She received 216 votes to Republican Kevin McCarthy‘s 209 votes, with two votes going to other persons; also, three representatives answered present when their names were called.