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A federal judge in Texas said on Friday that the Affordable Care Act's individual coverage mandate is unconstitutional and that the rest of the law must also fall."The Court ... declares the Individual Mandate ... unconstitutional," District Judge Reed O'Connor wrote in his decision. "Further, the Court declares the remaining provisions of the ACA ... are inseverable and therefore invalid."The case against the ACA, also known as Obamacare, brought by 20 Republican state attorneys general and governors, as well as two individuals. It revolves around Congress effectively eliminating the individual mandate penalty by reducing it to A man stood on a freeway overpass near Detroit early Thursday, threatening to jump. So thirteen tractor-trailers lined up underneath, ready to break his fall.Troopers closed off both directions of Interstate 696 and asked for the truckers' help, hoping to protect the man in case he fell or jumped, said Lt. Mike Shaw of the Michigan State Police.Asking truckers to help in such cases is not unusual, Shaw said, but "most of the time these events are (resolved) pretty fast, so we only get one semi."This time it took about three hours to get the man, whom police declined to identify, down from the bridge, he said.It was 911 calls that alerted police to the man around 1 a.m. Tuesday on the overpass in Huntington Woods, just outside Detroit, Shaw said."Once we figured out that this is a situation where someone might be contemplating taking their whole life ... we shut traffic down (and) we diverted it off onto the side streets," Shaw said.Troopers looked for big rigs exiting the highway and asked them to drive ahead instead and park beneath the overpass. The 13 trucks packed in tightly to minimize the gaps between them.Should the man have fallen, Shaw said, it would have been only five or six feet onto the roof of a truck, rather than 14 feet to the cement below.Police ended up talking the man down, he said."Usually when we talk to people that are involved in these type of incidents," Shaw said, "usually there's a trigger. We try to find out what that trigger is and rectify it." 1504 as part of the 2017 tax cut bill.The Republican coalition is arguing that the change rendered the mandate itself unconstitutional. They say that the voiding of the penalty, which takes effect next year, removes the legal underpinning the Supreme Court relied upon when it upheld the law in 2012 under Congress' tax power. The mandate requires nearly all Americans to get health insurance or pay a penalty.The Trump administration said in June that it would not defend several important provisions of Obamacare in court. It agreed that the zeroing out the penalty renders the individual mandate unconstitutional but argued that that invalidates only the law's protections of those with pre-existing conditions. These include banning insurers from denying people policies or charging them more based on their medical histories, as well as limiting coverage of the treatment they need.But the administration maintained those parts of the law were severable and the rest of the Affordable Care Act could remain in place.Because the administration would not defend the law, California, joined by 16 other Democratic states, stepped in. They argued that the mandate remains constitutional and that the rest of the law, in any event, can stand without it. Also, they said that eliminating Obamacare or the protections for those with pre-existing conditions would harm millions of Americans.In oral arguments in September, a lawyer for California said that the harm from striking down the law would be "devastating" and that more than 20 million Americans were able to gain health insurance under it.The lawsuit entered the spotlight during the midterm elections, helping propel many Democratic candidates to victory. Protecting those with pre-existing conditions became a central focus of the races. Some 58% of Americans said they trust Democrats more to continue the law's provisions, compared to 26% who chose Republicans, according to a Kaiser Family Foundation election tracking poll released in mid-October.The consumer protections targeted by the administration are central to Obamacare and transformed the health insurance landscape. Their popularity is one of the main reasons GOP lawmakers had such difficulty repealing Obamacare last year."Guaranteed issue" requires insurers to offer coverage to everyone regardless of their medical history. Prior to the Affordable Care Act, insurers often rejected applicants who are or had been ill or offered them only limited coverage with high rates.Under the law's community rating provision, insurers are not allowed to set premiums based on a person's health history. And the ban on excluding pre-existing conditions from coverage meant that insurers cannot refuse to pay for treatments because of a policyholder's medical background.All these provisions meant millions of people with less-than-perfect health records could get comprehensive coverage. But they also have pushed up premiums for those who are young and healthy. This group would have likely been able to get less expensive policies that offered fewer benefits prior to Obamacare. That has put the measures in the crosshairs of Republicans seeking to repeal the law and lower premiums.It's no wonder that politicians on both sides of the aisle promised to protect those with pre-existing conditions during the election. Three-quarters of Americans say that it is "very important" for the law to continue prohibiting health insurers from denying coverage because of medical histories, according to the Kaiser Family Foundation's September tracking poll -- 58% of Republicans feel the same way. And about the same share of Americans say it's "very important" that insurers continue to be barred from charging sick people more. 4383

A disproportionately large number of poor and minority students were not in schools for assessments this fall, complicating efforts to measure the pandemic’s effects on some of the most vulnerable students, a not-for-profit company that administers standardized testing said Tuesday.Overall, NWEA’s fall assessments showed elementary and middle school students have fallen measurably behind in math, while most appear to be progressing at a normal pace in reading since schools were forced to abruptly close in March and pickup online.The analysis of data from nearly 4.4 million U.S. students in grades 3-8 represents one of the first significant measures of the pandemic’s impacts on learning.But researchers at NWEA, whose MAP Growth assessments are meant to measure student proficiency, caution they may be underestimating the effects on minority and economically disadvantaged groups. Those students made up a significant portion of the roughly 1 in 4 students who tested in 2019 but were missing from 2020 testing.NWEA said they may have opted out of the assessments, which were given in-person and remotely, because they lacked reliable technology or stopped going to school.“Given we’ve also seen school district reports of higher levels of absenteeism in many different school districts, this is something to really be concerned about,” researcher Megan Kuhfeld said on a call with reporters.The NWEA findings show that, compared to last year, students scored an average of 5 to 10 percentile points lower in math, with students in grades three, four and five experiencing the largest drops.English language arts scores were largely the same as last year.NWEA Chief Executive Chris Minnich pointed to the sequential nature of math, where one year’s skills — or deficits — carry over into the next year.“The challenge around mathematics is an acute one, and it’s something we’re going to be dealing with even after we get back in school,” he said.NWEA compared grade-level performance on the 2019 and 2020 tests. It also analyzed student growth over time, based on how individual students did on assessments given shortly before schools closed and those given this fall.Both measures indicated that students are advancing in math, but not as rapidly as in a typical year. The findings confirm expectations that students are losing ground during the pandemic, but show those losses are not as great as projections made in spring that were based in part on typical “summer slide” learning losses.A November report by Renaissance Learning Inc., based on its own standardized testing, similarly found troubling setbacks in math and lesser reading losses.The Renaissance Learning analysis looked at results from 5 million students in grades 1-8 who took Star Early Literacy reading or math assessments in fall 2019 and 2020. It found students of all grades were performing below expectations in math at the beginning of the school year, with some grades 12 or more weeks behind.Black, Hispanic, American Indian and students in schools serving largely low-income families fared worse but the pandemic so far hasn’t widened existing achievement gaps, the Renaissance report said.NWEA said that while it saw some differences by racial and ethnic groups emerging in its data, it was too early to draw conclusions.Andre Pecina, assistant superintendent of student services at Golden Plains Unified School District in San Joaquin, California, said his district has scrambled to stem learning loss by issuing devices to all of its students, but the district continues to struggle with connectivity for students at home.Students who are typically 1.5 grades behind are now two grades behind, he said.“We’ve really just gone back to the basics where we’re focusing on literacy and math. That’s all we do,” Pecina said.“I feel like we’re trying our best,” he said. “Our students are engaged, but it’s not optimal. The learning environment is not optimal.”___Associated Press reporter Jeff Amy contributed from Atlanta, Georgia. 4028

A co-author of a criminal justice textbook that included convicted sexual assailant Brock Turner’s photo next to the section titled “Rape” is standing by their decision.Last week, a student at Washington State University posted a photo of the book page on Facebook, and it has since been shared over 100,000 times.Callie Rennison, a University of Colorado Denver School of Public Affairs professor and co-author of “Introduction to Criminal Justice: Systems, Diversity and Change,” said that the vast majority of reaction she’s received has been positive. However, critics have said that even though Turner’s crimes may fit the FBI definition of rape, he was not convicted of rape as defined by California law—instead he was convicted of sexual assault.Currently, the federal definition states that if there’s penetration “with any object, any body part, that’s not consensual, then that’s rape,” Rennison said. “Brock Turner was convicted of a penetration offense and under these definitions that’s rape.”Rennison also points out that critics may not have read the entire section of the book and missed some key context.“That particular section is about how definitions change over time,” Rennison said.In fact, California did alter their definition of rape, in part due to Turner's case.She says they will still add even more context in upcoming editions of the book, a fact the publisher confirmed, as well.She contends that the reason Turner’s image was used in the first place was to keep the curriculum current and thus relatable to students in 2017.“This is who students know and students talk about,” she said. “Contemporary references are a must. Looking at older books students aren’t engaged. They don’t think it applies to them in their world.”She also hopes it starts a larger conversation about punishment. Turner’s six-month sentence—of which he served three months—was widely covered in the media.“This allows us to have the discussion about what is the time most people serve for this, and students are shocked to learn that often it's nothing.”Rennison said she and her co-author, Mary Dodge, are the first all-female team of authors to pen a criminal justice textbook.Turner’s attorney, Mike Armstrong, declined to comment for the story, and attempts to reach Turner’s parents were unsuccessful. 2332

A law enforcement team, including MNPD Cold Case-Homicide detectives, Urban Search & Rescue officers & FBI agents, is in rural Hickman County today looking for evidence in the 2003 disappearance of 13-year-Old Tabitha Tuders. Recent information led investigators to Hickman County pic.twitter.com/2auIQYrLkN— Metro Nashville PD (@MNPDNashville) August 12, 2020 376

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