Source: Americans for Limited Government
Fairfax, VA - October 7, 2017 (The Ponder News) -- Americans for Limited Government President Rick Manning today issued the following statement praising the International Trade Commission for finding LG and Samsung in violation of the U.S. antidumping rules:
“Every free trade agreement is dependent on enforcement, otherwise there is no reciprocity. Yesterday, the ITC unanimously found that Whirlpool was damaged by dumping by LG and Samsung in violation of U.S. law and South Korean Free Trade Agreement (KORUS) rules. These agreements must be enforced by the U.S. Department of Commerce in a meaningful way. If trade agreements are going to have any value and be sustainable, all parties must comply with their terms. In order to preserve the legitimacy of the overall KORUS trade deal, LG and Samsung’s repeated failure to follow the trade rules must be subjected to swift and significant sanctions.”
The Unpopular Truth
Saturday, October 7, 2017
Joint Statement: CFPB Payday Lending Rule Will Disrupt Abusive Lending, Protect Families
Source: Americans for Financial Reform
Washington, D.C. - October 7, 2017 (The Ponder News) -- Consumer and civil rights advocates from around the country representing the Stop the Debt Trap campaign welcomed the Consumer Financial Protection Bureau’s (CFPB) new rule to limit short-term payday and car-title lenders’ ability to trap borrowers in an endless cycle of debt.
The payday lending rule will result in fewer families falling into financial ruin. At the heart of the rule is the common sense principle that lenders check a borrower’s ability to repay before lending money. While praising the CFPB for pushing to stop the debt trap, the coalition calls on the Bureau to build on this progress by quickly working to develop regulations to protect consumers from abusive long-term, high-cost loans. Also, strong state laws, such as rate caps, must continue to be defended and enacted. [Additional background at bottom of release]
Representatives from the Stop the Debt Trap campaign released the following statements:
“This new rule is a step toward stopping payday lenders from harming families who are struggling to make ends meet. It will disrupt the abusive predatory payday lending business model, which thrives on trapping financially distressed customers in a cycle of unaffordable loans,” said Mike Calhoun, President, Center for Responsible Lending. “Today’s rule release was years in the making, and it wouldn’t have been possible without the tireless effort of community and faith leaders, consumer and civil rights advocates, and countless people across the country who organized and worked hard to make their voices heard. We will continue to fight for safeguards that protect families from abusive long-term predatory loans and for state interest rate caps for all loans at reasonable levels of no more than 36 percent.”
“Payday and car title lenders profit from repeatedly dragging hard-pressed people deeper and deeper into debt, and taking advantage of families when they are financially vulnerable. Curbing the ability to push loans that borrowers clearly cannot repay is a key protection, and enshrining and enforcing this rule as federal policy should let Americans keep billions of hard-earned dollars. But more needs to be done to end lending abuses, and we will keep working alongside community leaders and advocates from around the country to fight for interest rate caps, and reforms for predatory longer-term loans,” said Lisa Donner, Executive Director, Americans for Financial Reform.
“Clearly more needs to be done to rein in these uniquely unscrupulous lenders, for example, states can push for interest rate caps to complement the CFPB’s rule and play an even greater role in ensuring consumers do not fall into debt traps. But today’s rule is a step in the right direction, but more can certainly be done to close loopholes and provide more robust oversight, given that a vast majority of Americans support oversight and rules that help protect consumers,” said Janet Murguia, President and CEO, UnidosUS.
“Payday lending is bad for many consumers, but like many predatory scams, it invariably ends up as a weapon against the disadvantaged communities that are least able to bear its terrible burden. It uses the lure of quick cash to trap struggling families in a cycle of debt and slowly drain them of what little money they have. President Trump and Congress should get on the side of civil rights advocates, the religious community, consumer organizations, and the public at large by supporting and strengthening the CFPB’s new rules on payday lending,” said Vanita Gupta, president and CEO, The Leadership Conference on Civil and Human Rights.
“For millions of Americans living paycheck to paycheck, seeking out a loan in a time of need shouldn’t end in financial disaster. The rule is an important step that starts the process of ending the nightmare of spiraling debt for so many consumers,” said Michael Best, Director of Advocacy Outreach at Consumer Federation of America. “But more steps need to be taken by the CFPB and states to protect consumers from the debt trap and stamp out abusive lending practices. We urge states to act quickly to build on this rule with interest rate caps.”
“The consumer watchdog’s payday loan rule takes an important first step by inhibiting lenders from pushing loans that people cannot afford to repay. But state interest rate caps remain critically important as the most effective way to prevent predatory lending,” said Lauren Saunders, Associate Director at National Consumer Law Center.
“People need financial services that build wealth. Payday and car title lenders do the opposite, they bleed dry families and communities that have little to begin with,” said George Goehl, executive director of People’s Action. “At its best the Consumer Financial Protection Bureau is the people’s agency, created to protect everyday people from consumer financial abuse and fraud. We fought to create the CFPB and we are encouraged that they are taking a first step to rein in the worst abuses of this industry. Our members are going to continue fighting for strong consumer protections nationwide”
“With little accountability for their actions, payday lenders have long preyed upon communities of color and drained them of their hard-earned savings. This CFPB rule establishes a much-needed set of transparent responsibilities for lenders and basic rights and protections for borrowers. We will work to defend and strengthen this rule, so Americans face fewer burdens in establishing financial security,” said Hilary O. Shelton, NAACP Washington Bureau Director and Senior Vice President for Policy and Advocacy.
“Payday and auto-title lenders may claim that they are providing a “safety net” to struggling families, but their business models often rely on keeping people in debt, not helping them build assets. For too long, these lenders have profited from predatory business practices that endanger consumers’ economic security. The Bureau’s rule is a commonsense step to help ensure that when a lender makes a short-term loan, the consumer has a reasonable chance of paying it off instead of falling behind,” said Suzanne Martindale, Senior Attorney, Consumers Union.
“This rule is a no-brainer. It simply requires lenders to determine whether a consumer has the ability to repay a loan without hardship or re-borrowing – a requirement that will help stop the debt trap and reduce defaults. The payday lending industry preys on the most vulnerable among us. Now, with this new rule, millions will be spared years of agony perpetrated by payday lenders looking to make a quick buck. Payday lenders have spent millions of dollars currying favor with powerful Washington politicians and they will do whatever it takes to kill this rule and keep this extremely lucrative predatory racket humming. We owe it to every American to remain vigilant and fight any effort in Congress to repeal this rule. We simply cannot allow the debt trap to continue,” said Karl Frisch, Executive Director of Allied Progress.
“The CFPB’s new protections are a good start at helping consumers avoid the long-term pain of payday loan debt traps,” said Linda Sherry, Consumer Action’s director of national priorities. “Finally those who peddle payday, car title & installment loans will be held accountable for their predatory actions masquerading as debt relief.”
“After nearly four years of research, stakeholder and community engagement, including the consideration of more than a million public comments, today’s announcement by the Consumer Financial Protection Bureau moves us one step closer towards ending to debt trap perpetuated by payday and auto-title lenders,” said Andrea Levere, President of Prosperity Now. “We applaud the CFPB for crafting and releasing rules that provide consumers everywhere with much-needed federal protections against a predatory industry that is known for charging high fees and triple-digit interest rates. As the rule now moves towards implementation, we call on Congress to persevere and protect the historic measures the CFPB has put forward today.”
“By issuing this rule, the Consumer Financial Protection Bureau has made it more difficult for payday predators to trap people in financial quicksand. Unfortunately, the payday lending industry is notorious for finding creative ways to get around rules and separate hard-working people from their money. We look forward to continuing to work with the CFPB, Congress, and with state governments to ensure enforcement of this rule and protections against other permeations of abusive loans,” said Seema Agnani, Executive Director, National Coalition for Asian Pacific American Community Development (National CAPACD)
At the heart of the CFPB rule is the common sense principle that lenders check a borrower’s ability to repay before lending money. In a recent poll of likely voters, more than 70% of Republicans, Independents, and Democrats support this idea. This requirement ensures that loans are affordable, meaning a borrower can repay without reborrowing and without defaulting on other expenses.
Currently, the debt trap is the cornerstone of the payday lending business model – three quarters of all payday loan fees are from borrowers with more than ten loans in the course of a year. The ability-to-pay requirement is a straightforward way to prevent this vicious cycle of debt and support lenders with legitimate business models.
Payday lenders have anticipated possible crackdowns on their abusive practices and begun morphing their business plans toward other schemes in order to evade the law, such as offering predatory long-term loans. Despite important progress with today’s announcement, the struggle for financial fairness will continue.
Washington, D.C. - October 7, 2017 (The Ponder News) -- Consumer and civil rights advocates from around the country representing the Stop the Debt Trap campaign welcomed the Consumer Financial Protection Bureau’s (CFPB) new rule to limit short-term payday and car-title lenders’ ability to trap borrowers in an endless cycle of debt.
The payday lending rule will result in fewer families falling into financial ruin. At the heart of the rule is the common sense principle that lenders check a borrower’s ability to repay before lending money. While praising the CFPB for pushing to stop the debt trap, the coalition calls on the Bureau to build on this progress by quickly working to develop regulations to protect consumers from abusive long-term, high-cost loans. Also, strong state laws, such as rate caps, must continue to be defended and enacted. [Additional background at bottom of release]
Representatives from the Stop the Debt Trap campaign released the following statements:
“This new rule is a step toward stopping payday lenders from harming families who are struggling to make ends meet. It will disrupt the abusive predatory payday lending business model, which thrives on trapping financially distressed customers in a cycle of unaffordable loans,” said Mike Calhoun, President, Center for Responsible Lending. “Today’s rule release was years in the making, and it wouldn’t have been possible without the tireless effort of community and faith leaders, consumer and civil rights advocates, and countless people across the country who organized and worked hard to make their voices heard. We will continue to fight for safeguards that protect families from abusive long-term predatory loans and for state interest rate caps for all loans at reasonable levels of no more than 36 percent.”
“Payday and car title lenders profit from repeatedly dragging hard-pressed people deeper and deeper into debt, and taking advantage of families when they are financially vulnerable. Curbing the ability to push loans that borrowers clearly cannot repay is a key protection, and enshrining and enforcing this rule as federal policy should let Americans keep billions of hard-earned dollars. But more needs to be done to end lending abuses, and we will keep working alongside community leaders and advocates from around the country to fight for interest rate caps, and reforms for predatory longer-term loans,” said Lisa Donner, Executive Director, Americans for Financial Reform.
“Clearly more needs to be done to rein in these uniquely unscrupulous lenders, for example, states can push for interest rate caps to complement the CFPB’s rule and play an even greater role in ensuring consumers do not fall into debt traps. But today’s rule is a step in the right direction, but more can certainly be done to close loopholes and provide more robust oversight, given that a vast majority of Americans support oversight and rules that help protect consumers,” said Janet Murguia, President and CEO, UnidosUS.
“Payday lending is bad for many consumers, but like many predatory scams, it invariably ends up as a weapon against the disadvantaged communities that are least able to bear its terrible burden. It uses the lure of quick cash to trap struggling families in a cycle of debt and slowly drain them of what little money they have. President Trump and Congress should get on the side of civil rights advocates, the religious community, consumer organizations, and the public at large by supporting and strengthening the CFPB’s new rules on payday lending,” said Vanita Gupta, president and CEO, The Leadership Conference on Civil and Human Rights.
“For millions of Americans living paycheck to paycheck, seeking out a loan in a time of need shouldn’t end in financial disaster. The rule is an important step that starts the process of ending the nightmare of spiraling debt for so many consumers,” said Michael Best, Director of Advocacy Outreach at Consumer Federation of America. “But more steps need to be taken by the CFPB and states to protect consumers from the debt trap and stamp out abusive lending practices. We urge states to act quickly to build on this rule with interest rate caps.”
“The consumer watchdog’s payday loan rule takes an important first step by inhibiting lenders from pushing loans that people cannot afford to repay. But state interest rate caps remain critically important as the most effective way to prevent predatory lending,” said Lauren Saunders, Associate Director at National Consumer Law Center.
“People need financial services that build wealth. Payday and car title lenders do the opposite, they bleed dry families and communities that have little to begin with,” said George Goehl, executive director of People’s Action. “At its best the Consumer Financial Protection Bureau is the people’s agency, created to protect everyday people from consumer financial abuse and fraud. We fought to create the CFPB and we are encouraged that they are taking a first step to rein in the worst abuses of this industry. Our members are going to continue fighting for strong consumer protections nationwide”
“With little accountability for their actions, payday lenders have long preyed upon communities of color and drained them of their hard-earned savings. This CFPB rule establishes a much-needed set of transparent responsibilities for lenders and basic rights and protections for borrowers. We will work to defend and strengthen this rule, so Americans face fewer burdens in establishing financial security,” said Hilary O. Shelton, NAACP Washington Bureau Director and Senior Vice President for Policy and Advocacy.
“Payday and auto-title lenders may claim that they are providing a “safety net” to struggling families, but their business models often rely on keeping people in debt, not helping them build assets. For too long, these lenders have profited from predatory business practices that endanger consumers’ economic security. The Bureau’s rule is a commonsense step to help ensure that when a lender makes a short-term loan, the consumer has a reasonable chance of paying it off instead of falling behind,” said Suzanne Martindale, Senior Attorney, Consumers Union.
“This rule is a no-brainer. It simply requires lenders to determine whether a consumer has the ability to repay a loan without hardship or re-borrowing – a requirement that will help stop the debt trap and reduce defaults. The payday lending industry preys on the most vulnerable among us. Now, with this new rule, millions will be spared years of agony perpetrated by payday lenders looking to make a quick buck. Payday lenders have spent millions of dollars currying favor with powerful Washington politicians and they will do whatever it takes to kill this rule and keep this extremely lucrative predatory racket humming. We owe it to every American to remain vigilant and fight any effort in Congress to repeal this rule. We simply cannot allow the debt trap to continue,” said Karl Frisch, Executive Director of Allied Progress.
“The CFPB’s new protections are a good start at helping consumers avoid the long-term pain of payday loan debt traps,” said Linda Sherry, Consumer Action’s director of national priorities. “Finally those who peddle payday, car title & installment loans will be held accountable for their predatory actions masquerading as debt relief.”
“After nearly four years of research, stakeholder and community engagement, including the consideration of more than a million public comments, today’s announcement by the Consumer Financial Protection Bureau moves us one step closer towards ending to debt trap perpetuated by payday and auto-title lenders,” said Andrea Levere, President of Prosperity Now. “We applaud the CFPB for crafting and releasing rules that provide consumers everywhere with much-needed federal protections against a predatory industry that is known for charging high fees and triple-digit interest rates. As the rule now moves towards implementation, we call on Congress to persevere and protect the historic measures the CFPB has put forward today.”
“By issuing this rule, the Consumer Financial Protection Bureau has made it more difficult for payday predators to trap people in financial quicksand. Unfortunately, the payday lending industry is notorious for finding creative ways to get around rules and separate hard-working people from their money. We look forward to continuing to work with the CFPB, Congress, and with state governments to ensure enforcement of this rule and protections against other permeations of abusive loans,” said Seema Agnani, Executive Director, National Coalition for Asian Pacific American Community Development (National CAPACD)
Psychiatric Association's Goldwater Rule Remains a Guiding Principle for Physician Members
Source: American Psychiatric Association
Arlington, VA - October 7, 2017 (The Ponder News) -- The American Psychiatric Association (APA) today released the following statement regarding The Goldwater Rule:
“In the past year and a half, there have been numerous news articles and commentaries on The Goldwater Rule. The Goldwater Rule is an ethics principle that guides our physician members not to provide professional opinions in the media about the mental health of someone they have not personally examined and without patient consent or other legal authority. A personal examination includes ruling out physical causes of or other reasons for a behavior. Nothing about the Goldwater Rule discourages psychiatrists from providing education to the public about mental illnesses; in fact, APA encourages psychiatrists to educate the public about the causes, symptoms, and treatment of mental illnesses and substance use disorders.
The APA would also like to dispel a common misconception about the so-called “Duty to Warn.” The duty to warn is a legal concept which varies from state to state, but which generally requires psychiatrists to breach the confidentiality of the therapeutic session when a risk of danger to others becomes known during treatment of the patient. It does not apply if there is no physician-patient relationship.”
The American Psychiatric Association, founded in 1844, is the oldest medical association in the country. The APA is also the largest psychiatric association in the world with more than 37,000 physician members specializing in the diagnosis, treatment, prevention and research of mental illnesses. APA’s vision is to ensure access to quality psychiatric diagnosis and treatment.
Arlington, VA - October 7, 2017 (The Ponder News) -- The American Psychiatric Association (APA) today released the following statement regarding The Goldwater Rule:
“In the past year and a half, there have been numerous news articles and commentaries on The Goldwater Rule. The Goldwater Rule is an ethics principle that guides our physician members not to provide professional opinions in the media about the mental health of someone they have not personally examined and without patient consent or other legal authority. A personal examination includes ruling out physical causes of or other reasons for a behavior. Nothing about the Goldwater Rule discourages psychiatrists from providing education to the public about mental illnesses; in fact, APA encourages psychiatrists to educate the public about the causes, symptoms, and treatment of mental illnesses and substance use disorders.
The APA would also like to dispel a common misconception about the so-called “Duty to Warn.” The duty to warn is a legal concept which varies from state to state, but which generally requires psychiatrists to breach the confidentiality of the therapeutic session when a risk of danger to others becomes known during treatment of the patient. It does not apply if there is no physician-patient relationship.”
The American Psychiatric Association, founded in 1844, is the oldest medical association in the country. The APA is also the largest psychiatric association in the world with more than 37,000 physician members specializing in the diagnosis, treatment, prevention and research of mental illnesses. APA’s vision is to ensure access to quality psychiatric diagnosis and treatment.
ALL President Judie Brown Applauds Contraceptive Mandate Rollback
Source: American Life League
American Life League president Judie Brown applauded the Trump administration’s rollback of the Obamacare contraceptive mandate while noting the failed logic of Planned Parenthood’s response to the announcement.
“Birth control is not healthcare, as Cecile Richards likes to pretend, but rather it is a chemical compound which we call nothing more than a recreational drug. If women desire true health of mind and body, they will be chaste before marriage and faithful after marriage,” Brown stated. “We applaud President Trump for his logical thinking and rolling back the mandate.”
American Life League president Judie Brown applauded the Trump administration’s rollback of the Obamacare contraceptive mandate while noting the failed logic of Planned Parenthood’s response to the announcement.
“Birth control is not healthcare, as Cecile Richards likes to pretend, but rather it is a chemical compound which we call nothing more than a recreational drug. If women desire true health of mind and body, they will be chaste before marriage and faithful after marriage,” Brown stated. “We applaud President Trump for his logical thinking and rolling back the mandate.”
The American Legion blasts NFL for disrespect
Source: The American Legion
Washington, D.C. - October 7, 2017 (The Ponder News) -- The leader of the nation’s largest veterans organization characterized professional athletes and other Americans who fail to show respect for the national anthem as “misguided and ungrateful.”
American Legion National Commander Denise H. Rohan lamented the politicization of what used to be a display of unity at NFL games and other sporting events throughout the country.
“The American Legion is one of the original architects of the U.S. Flag Code,” said Rohan, a U.S Army veteran. “That code was produced by 69 patriotic, fraternal civic and military organizations in 1923. It included members of all political parties, big labor, industry, and minorities. The code calls on all present to stand at attention while the anthem is played. It wasn’t political when it was written and it shouldn’t be political today. Having a right to do something, does not make it the right thing to do. We salute Army Ranger Alejandro Villanueva, who stood alone respecting the flag as his teammates stayed in their locker room. NASCAR also deserves credit for their support of our anthem. There are many ways to protest, but the national anthem should be our moment to stand together as one UNITED States of America.”
With a current membership of two million wartime veterans, The American Legion, www.legion.org, was founded in 1919 on the four pillars of a strong national security, veterans affairs, Americanism, and youth programs. Legionnaires work for the betterment of their communities through nearly 13,000 posts across the nation.
Washington, D.C. - October 7, 2017 (The Ponder News) -- The leader of the nation’s largest veterans organization characterized professional athletes and other Americans who fail to show respect for the national anthem as “misguided and ungrateful.”
American Legion National Commander Denise H. Rohan lamented the politicization of what used to be a display of unity at NFL games and other sporting events throughout the country.
“The American Legion is one of the original architects of the U.S. Flag Code,” said Rohan, a U.S Army veteran. “That code was produced by 69 patriotic, fraternal civic and military organizations in 1923. It included members of all political parties, big labor, industry, and minorities. The code calls on all present to stand at attention while the anthem is played. It wasn’t political when it was written and it shouldn’t be political today. Having a right to do something, does not make it the right thing to do. We salute Army Ranger Alejandro Villanueva, who stood alone respecting the flag as his teammates stayed in their locker room. NASCAR also deserves credit for their support of our anthem. There are many ways to protest, but the national anthem should be our moment to stand together as one UNITED States of America.”
With a current membership of two million wartime veterans, The American Legion, www.legion.org, was founded in 1919 on the four pillars of a strong national security, veterans affairs, Americanism, and youth programs. Legionnaires work for the betterment of their communities through nearly 13,000 posts across the nation.
Treasury Recommendations Would Strengthen Banks’ Role in Financial Marketplace
Source: American Bankers Association
“The recommendations in today’s Treasury report are practical, reasonable and achievable. Building on the Treasury’s pro-growth report in June, these recommendations would promote economic growth by enhancing banks’ ability to serve their customers and reinforcing our industry’s role in supporting well-functioning financial markets.
“Treasury acknowledges the economic benefits gained by better focusing regulatory provisions to make them more workable. Key recommendations include broadening liquidity measures, better aligning capital requirements with securitization risks, facilitating banks’ ability to use swaps to manage their customers’ risks, and bringing more public transparency to global financial standard setting to ensure standards match the realities of U.S. markets.
“Many of the recommendations in the report would make it easier to raise capital, meet the needs of bank customers operating domestically and abroad, and focus regulatory processes on effective supervision without harming the economy. We encourage policymakers to take up these recommendations quickly, and look forward to working with them to ensure banks can continue to help our customers and the economy grow.”
Related News:
Read the Treasury Press Release about the report HERE
“The recommendations in today’s Treasury report are practical, reasonable and achievable. Building on the Treasury’s pro-growth report in June, these recommendations would promote economic growth by enhancing banks’ ability to serve their customers and reinforcing our industry’s role in supporting well-functioning financial markets.
“Treasury acknowledges the economic benefits gained by better focusing regulatory provisions to make them more workable. Key recommendations include broadening liquidity measures, better aligning capital requirements with securitization risks, facilitating banks’ ability to use swaps to manage their customers’ risks, and bringing more public transparency to global financial standard setting to ensure standards match the realities of U.S. markets.
“Many of the recommendations in the report would make it easier to raise capital, meet the needs of bank customers operating domestically and abroad, and focus regulatory processes on effective supervision without harming the economy. We encourage policymakers to take up these recommendations quickly, and look forward to working with them to ensure banks can continue to help our customers and the economy grow.”
Related News:
Read the Treasury Press Release about the report HERE
ICBA Backs Bill Alleviating Harm from Preemption Ruling
Source: Independent Community Bankers Association (ICBA)
Washington, D.C. - October 6, 2017 (The Ponder News) -- ICBA and other organizations expressed support for legislation to codify the longstanding legal principle that if a loan is valid when it is made with respect to its interest rate, then it does not become invalid or unenforceable when assigned to another party.
The “valid-when-made” doctrine was undermined by the Madden v. Midland Funding case, in which the Second Circuit decided that state usury laws apply to debt purchased from a national bank.
The Protecting Consumers’ Access to Credit Act of 2017 (S. 1642 and H.R. 3299) would alleviate the uncertainty that ruling injected into the secondary markets for consumer and commercial credit, which has resulted in increased costs and decreased competition.
The bill was introduced by Sens. Pat Toomey (R-Pa.) and Mark Warner (D-Va.) and Reps. Patrick McHenry (R-N.C.) and Gregory Meeks (D-N.Y.).
ICBA has long supported the bill and disagrees with the Second Circuit ruling, arguing in a 2015 amicus brief that the decision conflicts with established precedent that preemption rights are not extinguished when banks sell or assign loans to another party.
Washington, D.C. - October 6, 2017 (The Ponder News) -- ICBA and other organizations expressed support for legislation to codify the longstanding legal principle that if a loan is valid when it is made with respect to its interest rate, then it does not become invalid or unenforceable when assigned to another party.
The “valid-when-made” doctrine was undermined by the Madden v. Midland Funding case, in which the Second Circuit decided that state usury laws apply to debt purchased from a national bank.
The Protecting Consumers’ Access to Credit Act of 2017 (S. 1642 and H.R. 3299) would alleviate the uncertainty that ruling injected into the secondary markets for consumer and commercial credit, which has resulted in increased costs and decreased competition.
The bill was introduced by Sens. Pat Toomey (R-Pa.) and Mark Warner (D-Va.) and Reps. Patrick McHenry (R-N.C.) and Gregory Meeks (D-N.Y.).
ICBA has long supported the bill and disagrees with the Second Circuit ruling, arguing in a 2015 amicus brief that the decision conflicts with established precedent that preemption rights are not extinguished when banks sell or assign loans to another party.
Friday, October 6, 2017
ACLU STATEMENT ON DOJ RESCINDING TITLE VII PROTECTIONS FOR TRANSGENDER WORKERS
Source: American Civil Liberties Union (ACLU)
Washington, D.C. - October 6, 2017 (The Ponder News) -- Attorney General Jeff Sessions reversed a federal government policy yesterday that clarified that transgender people are protected from sex discrimination in the workplace under Title VII.
James Esseks, director of the American Civil Liberties Union’s LGBT & HIV Project, issued the following statement:
“Today marks another low point for a Department of Justice, which has been cruelly consistent in its hostility towards the LGBT community and in particular its inability to treat transgender people with basic dignity and respect.
“This Department of Justice under Jeff Sessions has time and time again made it clear that its explicit agenda is to attack and undermine the civil rights of our most vulnerable communities, rather than standing up for them as they should be doing.
“Discrimination against transgender people is sex discrimination, just as DOJ recognized years ago. We are confident that the courts will continue to agree and will reject the politically driven decision by Attorney General Sessions.”
Washington, D.C. - October 6, 2017 (The Ponder News) -- Attorney General Jeff Sessions reversed a federal government policy yesterday that clarified that transgender people are protected from sex discrimination in the workplace under Title VII.
James Esseks, director of the American Civil Liberties Union’s LGBT & HIV Project, issued the following statement:
“Today marks another low point for a Department of Justice, which has been cruelly consistent in its hostility towards the LGBT community and in particular its inability to treat transgender people with basic dignity and respect.
“This Department of Justice under Jeff Sessions has time and time again made it clear that its explicit agenda is to attack and undermine the civil rights of our most vulnerable communities, rather than standing up for them as they should be doing.
“Discrimination against transgender people is sex discrimination, just as DOJ recognized years ago. We are confident that the courts will continue to agree and will reject the politically driven decision by Attorney General Sessions.”
WASHINGTON STATE PARENT SUES EMPLOYER FOR DENYING INSURANCE COVERAGE TO TRANSGENDER SON
Source: American Civil Liberties Union (ACLU)
Seattle, WA - October 6, 2017 (The Ponder News) -- The ACLU of Washington filed a civil rights lawsuit today against PeaceHealth, a Catholic healthcare organization, on behalf of Cheryl Enstad and her teenage son, Pax, for denying coverage under its health benefits plan for medically necessary surgery to Pax simply because of who he is. The suit says that PeaceHealth’s policy of refusing to cover medical care required by transgender people is discrimination and violates federal and state law.
Pax Enstad is a boy who is transgender, meaning that while the sex assigned to him at birth was female, he has a male gender identity. He was diagnosed with gender dysphoria, a serious medical condition marked by persistent and clinically significant distress caused by incongruence between an individual’s gender identity and that individual’s sex designated at birth.
Gender dysphoria is a condition codified in the Diagnostic and Statistical Manual of Mental Disorders (DSM-V) and International Classification of Diseases (ICD-10). To treat Pax’s gender dysphoria, Pax’s doctor prescribed chest reconstruction surgery.
PeaceHealth refused to cover the surgery, citing a policy of excluding all “transgender services.” The lawsuit asserts PeaceHealth’s blanket policy of refusing to pay for medically necessary healthcare for otherwise covered transgender individuals simply because of who they are discriminates on the basis of sex and gender identity, violates the Patient Protection and Affordable Care Act (ACA) and the Washington Law Against Discrimination (WLAD), and is harmful to the health of transgender individuals.
“PeaceHealth’s blanket of exclusion of ‘transgender services’ is not based on standards of medical care,” said ACLU-WA Staff Attorney Lisa Nowlin. “This is discrimination, and it is plainly illegal. Under state and federal law, no company is allowed to single out and exclude one group of individuals from medical care that is prescribed for them by their doctors and that the company routinely provides for others.”
In the past, some public and private insurance companies excluded coverage for gender dysphoria (or “transition-related care”) based on the erroneous assumption that such treatments were cosmetic or experimental. Today, however, every major medical organization recognizes that such exclusions have no basis in medical science and that transition-related care is effective for the treatment of gender dysphoria.
Discrimination by healthcare providers routinely causes transgender people to delay or forgo preventative and necessary medical care, putting them at greater risk for illnesses and increasing their risk of suicide.
If left untreated, gender dysphoria can lead to debilitating anxiety, depression, self-harm, and even suicide. Pax suffered from debilitating depression and anxiety as a result of gender dysphoria that began at age 11, when he started to enter puberty. His grades at school fell; he was unable to participate in activities such as swimming and athletics; he wore several layers of clothing to hide his chest from view; and he eventually avoided going outside altogether. Pax’s gender dysphoria became so severe that he had to wear a binder to flatten his chest 24 hours a day.
As a result of PeaceHealth’s exclusion for “transgender services,” Cheryl Enstad and her husband were forced to take a second mortgage on their house and use some of Pax’s college savings funds to pay over $10,000 out-of-pocket for the chest-reconstruction surgery prescribed to Pax by his doctor.
“We were willing to do whatever it took to get Pax the medical care he needed — as any parent would,” Cheryl Enstad said. “When your child is singled out and rejected simply for being themselves, it’s heartbreaking, and it isn’t fair. We’re bringing this lawsuit to ensure no family has to go through what we did.”
The lawsuit asks the court to declare PeaceHealth’s blanket exclusion of “transgender services” discriminatory and illegal. It also seeks unspecified damages for the Plaintiffs.
The lawsuit, Enstad v. PeaceHealth, was filed in U.S. District Court in the Western District of Washington. PeaceHealth operates 70 sites in Washington, Oregon, and Alaska and has approximately 16,000 employees.
In addition to Nowlin, attorneys for the Enstads include Josh Block and Leslie Cooper with the ACLU LGBT & HIV Project and Denise Diskin and Beth Touschner of Teller & Associates.
Seattle, WA - October 6, 2017 (The Ponder News) -- The ACLU of Washington filed a civil rights lawsuit today against PeaceHealth, a Catholic healthcare organization, on behalf of Cheryl Enstad and her teenage son, Pax, for denying coverage under its health benefits plan for medically necessary surgery to Pax simply because of who he is. The suit says that PeaceHealth’s policy of refusing to cover medical care required by transgender people is discrimination and violates federal and state law.
Pax Enstad is a boy who is transgender, meaning that while the sex assigned to him at birth was female, he has a male gender identity. He was diagnosed with gender dysphoria, a serious medical condition marked by persistent and clinically significant distress caused by incongruence between an individual’s gender identity and that individual’s sex designated at birth.
Gender dysphoria is a condition codified in the Diagnostic and Statistical Manual of Mental Disorders (DSM-V) and International Classification of Diseases (ICD-10). To treat Pax’s gender dysphoria, Pax’s doctor prescribed chest reconstruction surgery.
PeaceHealth refused to cover the surgery, citing a policy of excluding all “transgender services.” The lawsuit asserts PeaceHealth’s blanket policy of refusing to pay for medically necessary healthcare for otherwise covered transgender individuals simply because of who they are discriminates on the basis of sex and gender identity, violates the Patient Protection and Affordable Care Act (ACA) and the Washington Law Against Discrimination (WLAD), and is harmful to the health of transgender individuals.
“PeaceHealth’s blanket of exclusion of ‘transgender services’ is not based on standards of medical care,” said ACLU-WA Staff Attorney Lisa Nowlin. “This is discrimination, and it is plainly illegal. Under state and federal law, no company is allowed to single out and exclude one group of individuals from medical care that is prescribed for them by their doctors and that the company routinely provides for others.”
In the past, some public and private insurance companies excluded coverage for gender dysphoria (or “transition-related care”) based on the erroneous assumption that such treatments were cosmetic or experimental. Today, however, every major medical organization recognizes that such exclusions have no basis in medical science and that transition-related care is effective for the treatment of gender dysphoria.
Discrimination by healthcare providers routinely causes transgender people to delay or forgo preventative and necessary medical care, putting them at greater risk for illnesses and increasing their risk of suicide.
If left untreated, gender dysphoria can lead to debilitating anxiety, depression, self-harm, and even suicide. Pax suffered from debilitating depression and anxiety as a result of gender dysphoria that began at age 11, when he started to enter puberty. His grades at school fell; he was unable to participate in activities such as swimming and athletics; he wore several layers of clothing to hide his chest from view; and he eventually avoided going outside altogether. Pax’s gender dysphoria became so severe that he had to wear a binder to flatten his chest 24 hours a day.
As a result of PeaceHealth’s exclusion for “transgender services,” Cheryl Enstad and her husband were forced to take a second mortgage on their house and use some of Pax’s college savings funds to pay over $10,000 out-of-pocket for the chest-reconstruction surgery prescribed to Pax by his doctor.
“We were willing to do whatever it took to get Pax the medical care he needed — as any parent would,” Cheryl Enstad said. “When your child is singled out and rejected simply for being themselves, it’s heartbreaking, and it isn’t fair. We’re bringing this lawsuit to ensure no family has to go through what we did.”
The lawsuit asks the court to declare PeaceHealth’s blanket exclusion of “transgender services” discriminatory and illegal. It also seeks unspecified damages for the Plaintiffs.
The lawsuit, Enstad v. PeaceHealth, was filed in U.S. District Court in the Western District of Washington. PeaceHealth operates 70 sites in Washington, Oregon, and Alaska and has approximately 16,000 employees.
In addition to Nowlin, attorneys for the Enstads include Josh Block and Leslie Cooper with the ACLU LGBT & HIV Project and Denise Diskin and Beth Touschner of Teller & Associates.
Addressing gun violence in America
Source: American Bar Association
Washington, D.C. - October 6, 2017 (The Ponder News) -- The American Bar Association joins our country in mourning the innocent people who lost their lives in Las Vegas and our sympathies go out to all those who were injured and traumatized by this pointless attack.
In the aftermath of yet another tragic mass shooting in America, more than sympathy is needed. The ABA will rededicate its efforts to facilitate changes to stop senseless gun deaths.
Legal experts from all backgrounds agree this can be done through sensible regulations, legislation and widespread education that can protect the safety of individuals and their constitutional rights. And the ABA is working with a broad coalition of medical societies and health organizations to address gun violence as a critical public health problem.
Effective and constitutional solutions exist. It is past time to work together to enact them.
Go to www.abalegalfactcheck.com for the ABA’s new feature that cites case and statutory law and other legal precedents to distinguish legal fact from fiction.
With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.
Washington, D.C. - October 6, 2017 (The Ponder News) -- The American Bar Association joins our country in mourning the innocent people who lost their lives in Las Vegas and our sympathies go out to all those who were injured and traumatized by this pointless attack.
In the aftermath of yet another tragic mass shooting in America, more than sympathy is needed. The ABA will rededicate its efforts to facilitate changes to stop senseless gun deaths.
Legal experts from all backgrounds agree this can be done through sensible regulations, legislation and widespread education that can protect the safety of individuals and their constitutional rights. And the ABA is working with a broad coalition of medical societies and health organizations to address gun violence as a critical public health problem.
Effective and constitutional solutions exist. It is past time to work together to enact them.
Go to www.abalegalfactcheck.com for the ABA’s new feature that cites case and statutory law and other legal precedents to distinguish legal fact from fiction.
With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.
Subscribe to:
Posts (Atom)