“It’s all gas, no brakes.” For David Hogg, a vice chair of the Democratic
National Committee, there’s little time away from politics right now, especially
considering his $20 million campaign to disrupt his own party.
Hogg, a survivor of the 2018 mass shooting in Parkland, Florida, and gun control
advocate, is looking to oust what he calls “asleep at the wheel” incumbents in
primaries around the US through his political action committee, Leaders We
Deserve. It’s a strategy that has won him admirers and detractors, especially
from the Democratic establishment, who say he shouldn’t be meddling in
primaries, considering he’s now a party boss. So far, Hogg isn’t backing down.
But he argues that it might get him kicked out of the DNC altogether. The party
is set to vote June 9 to decide whether to redo Hogg’s election.
Just seven years ago, Hogg was a high school senior in Parkland, taking speech
and debate classes and prepping for college. But all that changed when a former
student entered his building and committed the largest mass shooting at a US
high school. Hogg quickly co-founded the student-led organization March For Our
Lives and became one of the nation’s most prominent gun control activists.
Today, he’s the first member of Gen Z to be a vice chair at the DNC and, through
Leaders We Deserve, is aggressively challenging the party’s status quo to
generate “an attitudinal shift.”
“What we’re trying to do is say, across the board, Democrats need to stand up
and fight harder,” says Hogg, whose PAC is trying to recruit a fresh slate of
young candidates. “And if there’s somebody that feels nervous about potentially
being challenged as a member of Congress, they should ask themselves why that is
ultimately.”
On this week’s More To The Story, Hogg discusses why he’s ruled out running for
office himself and how the anger he felt after the shooting in Parkland still
drives him today.
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app.
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favorite podcast app, and don’t forget to subscribe.
Tag - Affordable Care Act
For over a decade, Americans with private health insurance have enjoyed free
access to dozens of types of preventive healthcare: cholesterol medication,
prenatal care, and many types of cancer screenings, as well as pre-exposure
prophylaxis (PrEP), the “miracle drug” that prevents HIV infection. But on
Monday, the US Supreme Court heard oral arguments in a case that could gut the
part of the Affordable Care Act that requires insurers to cover these services
at zero cost to patients.
Kennedy v. Braidwood Management is at least the eighth time the Supreme Court
has weighed in on a major element of the ACA since the health law was passed
during the Obama administration in 2010. The lawsuit—filed by a group of
Christian businesses and individuals who object to PrEP on religious grounds and
Obamacare on ideological ones—takes aim at the US Preventive Services Task
Force, a panel of independent, volunteer experts who rate the effectiveness of
different types of preventive care. The ACA requires insurers to fully cover
services rated “A” or “B” by the task force.
Currently, members of the task force are appointed by the Secretary of Health
and Human Services. But the case being heard by the Supreme Court argues that
the Constitution requires officials who wield that level of power to be
nominated by the president and confirmed by the Senate.
The legal argument is highly technical, and oral arguments on Monday barely
touched on the case’s potentially vast consequences for public health. If the
justices agree with the plaintiffs, the task force and its recommendations for
the last 15 years could be thrown out, and insurers could start denying coverage
or imposing out-of-pocket costs on dozens of currently free preventive
screenings and services—meaning many fewer patients would choose to get them.
“The people who are going to be hurt most are the people who can’t just pull out
a credit card and pay full cost for a service, or pay a $50 co-pay or an $80
co-pay,” says Wayne Turner, senior attorney at the National Health Law Program.
“It is a literal lifesaver for people to be able to have some early detection.”
> “The people who are going to be hurt most are the people who can’t just pull
> out a credit card and pay full cost for a service, or pay a $50 co-pay or an
> $80 co-pay.”
Among the threatened services are free HIV screenings for all, and PrEP for
those at increased risk of contracting the virus. While HIV has become much less
deadly since the mid-1990s, when more than 40,000 people in the United States
were dying of related causes annually, there are still nearly 32,000 new
infections and 8,000 HIV-linked deaths in the US every year, according to the
health policy think tank KFF. PrEP—first approved by the FDA as a daily pill in
2012—lowers the risk of acquiring HIV through sex by 99 percent, and through
injection drug use by 74 percent.
But the drug can cost up to $1,800 per month, so when the Preventive Services
Task Force gave it an “A” rating in 2019, making it 100% covered by insurance,
use of the drug appears to have soared. In 2015, 3 percent of people recommended
for a PrEP prescription got one; in 2022, 31 percent did, according to the HIV
and Hepatitis Policy Institute. Kennedy v. Braidwood threatens to reverse this
progress.
At the center of the lawsuit are a trio of Texans who have become conservative
heroes in the culture wars against LGBTQ and reproductive rights: A powerful
anti-LGBTQ activist, a lawyer known for masterminding Texas’ abortion vigilante
law, and the judge they like to bring their cases to.
The lead plaintiff, Braidwood Management, is owned by 74-year-old doctor Steven
Hotze, a Houston-area alternative medicine guru, conservative powerbroker,
far-right activist, and Republican megadonor. As my Mother Jones colleague Tim
Murphy has written, Hotze—a former anti-abortion lobbyist—has a history of being
very publicly anti-gay going back to at least the 1980s, when he campaigned to
make it legal to discriminate against queer people in housing and employment.
In 1985, he endorsed a mayoral candidate who said that the best way to fight the
AIDS epidemic was to “shoot the queers.” Years later, Hotze crusaded against
same-sex marriage, backing Texas’ statewide ban in 2005 and filing a Supreme
Court brief in 2015 arguing that gay marriage was “against the Bible.” (Hotze
did not respond to a request for comment.)
In 2020, Hotze—who had reportedly become fond of Covid conspiracies and QAnon
slogans—allegedly paid a former Houston police captain over $260,000 to conduct
a private investigation into voter fraud in Harris County. The investigator
pursued the outlandish theory that an air conditioner repairman was using his
truck to transport more than 750,000 forged mail ballots signed by undocumented
Hispanic children, per a lawsuit filed by the repairman. So the investigator ran
the repairman’s truck off the road, then held him at gunpoint while an associate
searched the truck, which contained only air conditioner parts. Hotze was
charged with aggravated assault with a deadly weapon, among other crimes, for
his alleged role in commissioning the private investigation and knowledge of the
ex-cop’s plan to confront the repairman. He has pleaded not guilty and says the
prosecution is part of a conspiracy against him.
Now, he’s at the center of a case that could dismantle a key part of the ACA.
Hotze has sued over Obamacare before, challenging the law in 2013 on the grounds
that taxation bills must originate in the House, whereas parts of the ACA were
first introduced in the Senate. (He also released two techno tracks around that
time, with lyrics like: “What would Davey Crockett do? I know what I’m going to
do. I’m going to fight Obamacare.”) But lower court judges threw out the case,
and in 2016 the Supreme Court declined to hear his appeal.
In 2020, Braidwood Management and other plaintiffs sued over the ACA again, this
time claiming their religious freedom was being violated by the law’s zero-cost
preventive services requirement. Hotze specifically objected to mandatory
insurance coverage for PrEP medications, which the lawsuit claimed “facilitate
behaviors such as homosexual sodomy, prostitution, and intravenous drug use,
which are contrary to Dr. Hotze’s sincere religious beliefs.”
> “Our first and most immediate goal is to save this Affordable Care Act
> provision, which is so important for so many people.”
Representing Hotze and the other plaintiffs was none other than Jonathan
Mitchell, the legal strategist and former Texas solicitor general known for
crafting Texas’s “bounty hunter” anti-abortion law, SB 8, which cut off most
abortion access in his state even before the fall of Roe v. Wade. Last year,
Mitchell served as President Donald Trump‘s lawyer in front of the Supreme
Court, arguing (successfully) against Colorado’s attempt to exclude Trump from
the 2024 ballot.
Mitchell has represented Braidwood Management before, in a case claiming that
Title VII, the federal law banning discrimination in employment, violated
Hotze’s religious beliefs. In both that case, and in the current ACA one,
Mitchell filed the lawsuit in the Northern District of Texas, where it was duly
assigned to yet another Texas conservative hero, federal Judge Reed O’Connor. In
a 2018 ruling involving the constitutionality of the ACA’s individual mandate,
O’Connor had already proved willing to strike down the law altogether. The 2018
decision was ultimately overturned by the Supreme Court, which said that
O’Connor should have dismissed the case from the get-go.
In the Braidwood case, O’Connor handed Mitchell and Hotze a partial win—ruling
that the PrEP insurance mandate violated Hotze’s religious freedom, and
exempting Braidwood Management from that requirement. Crucially, he also sided
with them on an additional, more technical claim that members of the US
Preventive Services Task Force are improperly appointed.
It’s that second argument that the Biden administration appealed, and the
Supreme Court is now reviewing. Turner, the health policy attorney, says the
case comes down to a line in the law that created the task force, declaring it
“independent and, to the extent practicable, not subject to political pressure.”
Braidwood Management argues that that line makes the task force too
unaccountable. (Vaccines and birth control aren’t threatened by this case, since
those recommendations are made by other entities—though powerful conservative
activists are currently targeting the leading medical group that makes
contraception coverage recommendations, as Susan Rinkunas recently reported at
Jezebel.)
To the surprise of patient advocacy groups, the Trump administration decided
earlier this year to fight back against Braidwood’s challenge. Trump, in the
past, has tried to repeal the healthcare law. But now, his administration argues
that the task force is indeed accountable to Trump’s Senate-confirmed Secretary
of Health and Human Services, Robert F. Kennedy Jr. During oral arguments on
Monday, the administration’s lawyer claimed the secretary has the power to both
appoint and remove members at will, and could use those powers to influence task
force recommendations.
Turner says it’s a “real concern” that the Trump administration will eventually
attempt to exert greater political control over the task force and its
recommendations. “We’ve seen the administration do this in other parts of the
federal government and other parts of HHS—purge the current leadership, purge
the current members, and fill it with cronies who are going to be rubber
stamping,” he says. But says it’s a risk worth taking: “In my view, our first
and most immediate goal is to save this Affordable Care Act provision, which is
so important for so many people.”
After oral arguments on Monday, court observers predicted that the justices
would ultimately reject Hotze and Mitchell’s challenge to Obamacare. The ruling
is expected by this summer.
In August 1981, then-President Ronald Reagan signed a bill into law that allowed
the development of state-level programs to help disabled people live outside
institutions like nursing homes. Known as Home and Community-Based Services
(HCBS) waivers, the programs—now in their fourth decade—are funded by Medicaid
and run by each individual state. With potential cuts to Medicaid a priority for
the Trump administration, the future of HCBS remains in limbo. Donald Trump’s
recently confirmed Treasury Secretary Scott Bessent has refused to directly
answer questions about whether he’d fall in line with attacks fielded by
Republican politicians and Project 2025 by offering a recommendation to cut
Medicaid.
Reagan couldn’t be described as an advocate for disabled people’s rights—just
over a year into his first term, 130,500 people had already been dropped from
Social Security Disability Insurance, then and now a lifeline for millions. Like
Donald Trump, Reagan wanted to slash government spending at the expense of
Americans’ wellbeing. But while the politics of the time forced Reagan’s GOP to
field a compromise with some benefits for disabled people—which yielded HCBS—the
Trump White House hopes to gut even that, leaving hundreds of thousands of
people, if not millions, without the option of community care.
> 4.5 million people rely on Medicaid HCBS to avoid institutionalization.
Today, roughly 4.5 million people use Medicaid-funded HCBS as an alternative to
institutionalization; the waivers help pay for home healthcare workers, durable
medical equipment, career coaching, case management and other services. No one
claims that the program is perfect—but most criticism has come on the basis of
shortfalls, not overspending. More than half a million disabled people remain on
waitlists for HCBS, often waiting years for a waiver, and inconsistent
requirements across states can make the process confusing and challenging.
“It’s a bit of a mix between racism and ableism that believes that certain types
of people are undeserving of assistance,” said Mia Ives-Rublee, senior director
of the Center for American Progress’ disability justice initiatives, of ongoing
attacks on Medicaid.
Ives-Rublee said that Project 2025 includes a push to end Medicaid exception
waivers—programs that allow states to modify and add to standard Medicaid
services, which “specifically implies HCBS funding”—on the grounds that the
government is spending too much money on them.
About half of disabled children in the United States currently rely on Medicaid,
says Jenny McLelland, director of HCBS policy for Little Lobbyists, an
organization that advocates for kids with complex health needs. That includes
McLelland’s son James, who spent the first year of his life in an institution;
the private insurance McLelland’s family then had, like many plans, did not
cover long-term home-based care. Only a Medicaid waiver allowed him to go home.
McLelland’s HCBS waiver “pays for a nurse who manages his ventilator and
breathing while he’s asleep or while we are away from the house to work,” she
said. “Medicaid home and community-based services make it possible for my son to
have an integrated, joyful life,” taking part in school theater and bringing
home straight-A grades.
> Cuts will “result in more people either ending up in institutions or ending up
> dead,” one expert says.
Advocates are worried about the fate of HCBS, which would be relatively easy for
states to abandon under the new administration—and which helps millions of
people stay out of hospitals, nursing homes, and group homes, which McLelland
says frequently deliver “lower-quality care, often at a higher cost.”
The GOP has put forth several proposals promoting Medicaid per-capita spending,
which would change current spending practices by limiting funds through a
formula that doesn’t take into consideration the needs of disabled people.
Nicole Jorwic, Caring Across Generations‘ chief of advocacy and campaigns, said
that what such changes “would ultimately do is cut the amount of money that the
federal government is sending to states per person…just on the consumer price
index.”
Changes to Medicaid per-capita spending, Jorwic says, “means waiting lists would
grow” and that “the types of services being offered are going to narrow” as
funding is reduced or withdrawn. Given that federal Medicaid funds already make
up, on average, one-third of state budgets, Jorwic believes that state
governments coughing up the extra cost “is never going to happen.” She notes
that health funding is a popular target even in blue states like Maryland, where
a $3 billion state funding shortfall has put hundreds of millions of dollars in
funding for its human services department funds—where Medicaid is housed—on the
chopping block.
Another attack on Medicaid incorporated into Project 2025 has involved lifetime
caps on the support of people on Medicaid—caps that many disabled people may hit
at a young age. “A state will have to take up the rest of that spending,” said
Ives-Rublee, “or they will reduce the coverage of an individual, either by
saying we won’t cover these services or by saying we won’t cover you at all.”
McLelland is also concerned that attacks on the Affordable Care Act could lead
to further damage: disabled people who qualify for Medicaid only due to ACA
expansions could be kicked off HCBS as a result. There’s “no ethical way” to
deprive people of Medicaid, McLelland says.
An ulterior motivation for Republicans’ push to cut Medicaid, Jorwic says, is
the Trump administration’s need to cut costs in order to finance an extension—or
expansion—of Trump’s first-term tax cuts for the richest Americans and
corporations, which Jorwic finds “even more upsetting and ableist.”
Ives-Rublee also foresees bleak outcomes if HCBS waivers are defunded or
dropped: “That’s going to result in more people either ending up in institutions
or ending up dead.”