What’s Happening in Washington, DC?
The 2018 midterm elections brought a new set of possibilities to the federal landscape, while California continues to fight back against the harsh and discriminatory policies of the Trump Administration.
A More Inclusive Set of Policymakers: From a historic set of candidates, has come a historic set of lawmakers. Alexandria Ocasio-Cortez is the youngest woman ever elected to Congress at 29 years old, representing New York’s 14th district. Deb Haaland (NM-1) and Sharice David (KS-3) are both the first Native American women elected to Congress and Rashida Tlaib (MI-13) and Ihan Omar (MN-5) are the first Muslim women to be elected to Congress. Rashida Tlaib is also the first Palestinian-American woman to be elected to Congress. Ayanna Pressley will be representing Massachusetts’ 7th district as the state’s first African American Congresswoman. Texas has elected their first two Latina Congresswomen, Veronica Escobar (TX-16) and Sylvia Garcia (TX-29). In Governors’ races, we elected two more Governors of color: Davide Ige of Hawaii and Michelle Lujan Grisham of New Mexico.
Voter Participation at an all-Time High: Not only did a diverse set of candidates make huge strides, we showed up in kind. Voter turnout for the midterms was the highest it’s been in over 50 years. Midterm elections have historically low turnout especially compared to presidential elections. Traditionally, only about 40% of eligible voters cast a ballot. But this year, 49.3%, almost half of eligible voters, turned out to vote. That’s about 116 million people. Compare that to the last midterms, 2014, when turnout only reached 36.7%. This year in California alone, it’s estimated that 12,250,000 people voted in this election. For weeks, it seemed like entire news cycles were consumed by whether or not voters would go to the polls and make their voices heard, and the results were a resounding yes!
Healthcare a Key Driver to the Polls: The 2018 midterms were, in many ways, a referendum on health. Not only did we elect the most diverse Congress ever, but we also jumped at the chance to make strides in protecting and advancing affordable health care for all. For the first time in a decade, exit polls revealed that health care was the most important issue for voters, even over the economy. Many posit this as the driving force behind Democrats taking back the House. The elections can be seen as a push back against the many ACA repeal efforts we have seen over the years, including those supported by every member of California’s Congressional GOP caucus. Indeed, with Democrats in control of the House, including several in previously held GOP seats, it is likely we will see less talk of repeal and more talk of proactive policies that will move us forward towards greater health equity.
What’s Next in the Fight to Stop Public Charge?
CPEHN thanks you for being part of the movement to #ProtectFamilies. Together with advocates from all across the country we submitted over 216,000 comments on the proposed public charge rule!
On October 10, 2018, the Trump Administration formally proposed sweeping changes to long-standing immigration policy. The proposed rule dramatically broadens the definition of who is considered a public charge and threatens immigrants who use certain health care, nutrition, or housing programs. The proposal has already made immigrant families afraid to seek programs that help them stay healthy and productive. If finalized, the rule would radically reshape our legal immigration system, putting the wealthy at the front of the line, ahead of hardworking families who have waited years to reunite with their loved ones.
In response, advocates launched a successfully coordinated campaign to submit public comments in opposition to this harmful rule. CPEHN drafted and shared template comment letters, hosted public comment writing parties at our offices across the state, organized community trainings to support partners, raised awareness on social media, and phone-banked. CPEHN’s goal was to raise awareness of this issue and support our partners in fighting back. CPEHN thanks you for joining us with your creativity and passionate support. Together—whether motivated by a drive to improve health, end hunger, or protect immigrant rights—we built collective power and fought a rule that puts money ahead of families and threatens to worsen hunger, poverty, and unmet health and housing needs.
What Happens Next?
The Department of Homeland Security is now in the process of reviewing every comment submitted. This process usually takes at least six months to a year, although it is difficult to predict how this Administration will proceed. In the meantime, we continue to join our allies in the fight for immigrant families by:
- Combatting the Chilling Effect: CPEHN and our partners continue to work in tandem to educate stakeholders and communities on their rights to accessing healthcare and food. Resources are available from the Protecting Immigrant Families campaign.
- Advocating for a Pro-immigrant Policy Agenda: We can counter the Trump administration’s anti-immigrant rhetoric by building a statewide policy agenda that is inclusive of California’s immigrant families’ needs. CPEHN applauds Governor Newsom’s investment in #Health4All young adults and we remain committed to fighting for the health and safety of all Californians.
- Blocking Proposed Changes to Public Charge: CPEHN applauds the concurrent resolution that condemns public charge, introduced by Assemblymember Rob Bonta (D-Oakland) on the very first day of the legislature. If your representative has signed on as a co-author – please thank them!
CPEHN Expands its Presence in the Federal Policy Arena:
In October 2018, CPEHN formally expanded its federal policy presence under the leadership of Cary Sanders, who was promoted to Senior Director of Federal Policy. In December 2018, Cary traveled to Washington D.C. to meet with several of CPEHN’s national partners to discuss policy ideas and strategies to advance health equity at the federal level. As 2019 kicks off, CPEHN will engage in federal efforts to improve health care access and affordability, including access to oral and behavioral health. We will also advance health care quality, fund proven prevention strategies, and protect immigrants, communities of color, and LGBTQ+ individuals from discriminatory attacks such as the Administration’s “public charge” draft regulations, so they can lead healthy lives. CPEHN will be organizing a series of meetings with members of the Having Our Say coalition (HOS) and California’s newly elected Congressional leaders to educate them about these policy priorities. In December 2018, CPEHN’s Executive Director, Sarah De Guia, spoke at the launch of Families USA’s Health and Equity Value Task Force in Washington D.C. The Task Force, which is comprised of national and state health equity advocates and experts, is working to transform the health care system so that it is more focused on the consumer, the community, and health equity.
Texas v. Azar: What the Court’s Ruling Means for Californians:
On December 14th, a conservative federal judge in Texas ruled in Texas v. Azar that the Affordable Care Act (ACA) is unconstitutional. Texas v. Azar is a lawsuit brought by 20 Republican Attorney Generals, Governors, and two other individuals to challenge the constitutionality of the individual mandate. Plaintiff’s argued that Congress’ passage of the Tax Cuts and Jobs Act (TCJA) which reduced the mandate penalty to $0 starting in January 2019, meant the mandate was no longer constitutional. With the mandate no longer in effect, the entire ACA should be struck down – according to Plaintiffs.
The Success of Texas v. Azar Will Impact Millions of Californians Including:
- Hundreds of thousands of Californians with preexisting health conditions.
- Young adults under 26 years of age, who are covered under a parent’s health plan.
- 3.7 million Californians who received coverage through the Medi-Cal expansion.
- California seniors who receive a Medicare benefit to afford prescription drugs.
- Working families who rely on tax credits and employer-sponsored plans to afford insurance.
There is Still Hope:
The ACA has been challenged before in the Supreme Court. Attempts to repeal the ACA by the current President and the formerly Republican controlled Congress have failed. Throughout all of these efforts, Congress never had the votes to make significant changes to the ACA. Even with passage of the Tax Reform law, it is clear that Congress intended only to zero out the unpopular individual mandate penalty while leaving the rest of the ACA intact. The Judge’s decision, which hinges on the intent of Congress in passing the Tax Reform Law, has been widely criticized, including by other conservative legal scholars, and the analysis was received with deep skepticism.
The ACA is still the law of the land:
Despite the judge’s ruling, the ACA is still fully intact. Californians can continue to access Medi-Cal and subsidies in Covered California. Consumer protections for pre-existing conditions are still in place. On January 3rd, California Attorney General Xavier Becerra, filed a notice of appeal in Texas v. Azar with 17 other attorneys general, defending the Affordable Care Act (ACA) and the healthcare of millions of Californians. The case now goes to appeal and is expected to make its way to the Supreme Court. In the meantime, Californians who qualify for the special enrollment period should continue to enroll and purchase health insurance plans for themselves and their families.