Who is the California Supreme Court and how it works, the economics of a state single-payer healthcare system, why homelessness varies across SoCal.
Can you name one member of the California Supreme Court? Here's a snap civics lesson
Today, the California high court is reviewing a challenge to Prop. 66. That's the measure voters approved in November that speeds up the death penalty appeal process. Opponents say the measure is unconstitutional. Supports say the people have spoken.
It will be weeks or months before the Court rules. But who are these people making this, and other big decisions?
We tend to know a lot more about the US Supreme Court than we do about our state's high court, even though it's more likely to make decisions that directly effect our lives.
Here's a quick California Supreme Court FAQ, courtesy of Adam Winkler, UCLA Law:
How many judges sit on the Court, how are they appointed, and how long do they serve?
There are seven judges on the Court, currently four women and three men. They're appointed by the governor and confirmed by the Chief Justice of California, the Attorney General of California, and a senior presiding justice of the California Courts of Appeal. Unlike the US Supreme Court, California justices serve 12-year terms, and continue in office with the approval of voters in what's called a "retention" election.
Where does the Court hold its hearings, and do they have a annual term like the US high court?
The Court meets in San Francisco, Sacramento and Los Angeles. Unlike their US counterpart, they don't have a term, but operate year-round.
What's the political or ideological make-up of the Court?
There are four Republican appointees, and three selected by Democrat Jerry Brown.
How important is the state's Supreme Court, not just in California, but in influencing legal thinking nationwide?
UCLA's Adam Winkler says it's the most influential state supreme court in the country. "Its opinions are cited more often than any other court," he says.
What are some landmark legal decisions that came out of the California Supreme Court?
Winkler says the Court has a history of innovative rulings in areas such as criminal justice and civil liberties. He notes the Court struck down a ban on interracial marriage in 1948, well before the US Supreme Court ruled on the issue. They were ahead of the Federal courts on same-sex marriage. The Court has also issued important rulings regarding the rights of consumers, and, in a famous "palimony" case it ruled concepts like community property could be applied to unmarried partners.
So, bottom line. Why should I care about the California Supreme Court?
In a time, says Winker, when the Federal government tends to be partisan and often unable to accomplish much of anything, there's still a lot of lawmaking going on in our state institutions, and the high court is an important part of that process.
Click on the blue bar above to listen to the full interview with UCLA Law Prof. Adam Winkler.
6 big questions hanging over California's single-payer bill
As Congress works on legislation to replace the Affordable Care Act, the California Senate has approved SB 562, which would create a state-run health care system. Legislators from both sides of the aisle say the bill is "not fully cooked" - because its sponsors still have not worked out a plan to pay for it, and can't see how it might affect the economy.
Lawmakers who voted for the measure say it’s time to start a conversation about getting health care to everyone in the state, especially as Congress and the Trump administration try to repeal Obamacare.
"California has every reason to design and implement its own program for universal health care and that’s what we’re doing," says Michael Lighty, director of public policy at National Nurses United—the bill’s sponsor.
But what about the bill's cost and impact on the economy? Here are six pressing questions:
1. What would it cost to give health insurance to every Californian?
Californians spent $368.5 billion on health care in 2016. The UCLA Center for Health Policy Research estimates about 71 percent of that price tag is covered by federal, state or local government funding.
There have been two analyses of the potential cost of HB 562. One was drawn up by the office of Sen. Ricardo Lara (D-Bell Gardens), the bill's sponsor. The other came from the University of Massachusetts at Amherst, commissioned by the bill’s main sponsor, National Nurses United.
Both agreed the cost of covering every Californian would be about $400 billion dollars under the current system. UMass-Amherst’s economists say a single-payer system would lower that amount to around $331 billion through administrative cost savings.
Both analyses assume that current public funding for health care would remain. The UMass-Amherst study estimates that means the state would have to raise an additional $106 billion a year, and the analysis by Lara's office pegs that figure at $200 billion.
2. How would the state pay for it?
This is the big question that must be answered before SB 562 can become law. The state senate voted on the bill without a funding mechanism. There are some proposed ways to handle the cost, but they haven’t been added to the bill in its current form.
The Lara office's analysis says one way to raise the $200 billion would be a 15 percent payroll tax. The UMass-Amherst analysis suggests a 3.3 percent payroll tax or a 2.3 percent gross receipts tax on businesses, combined with an additional 2.3 percent state sales tax.
The analysis further recommends that businesses with less than $2 million in annual sales be exempt from the new taxes. It estimates that firms with up to 19 employees would pay taxes on only about one-third of their gross revenues.
UMass-Amherst also suggests that families on Medi-Cal receive a 2 percent income tax credit to offset the sales tax hike.
3. What would single-payer cost businesses?
The economic analysis by UMass-Amherst expects businesses to spend in new taxes about what they spend now on employees' health insurance.
The study finds that the tax exemption for firms with less than $2 million in sales would mean that small businesses (those with fewer than 10 employees) would come out ahead. It estimates that those small firms that have been providing health care insurance for their workers would see their health care costs fall by 22 percent as a share of payroll.
The analysis estimates that firms with under 100 workers would see their health care costs fall between 6.8 percent and 13.4 percent as a share of payroll. It predicts companies with up to 500 workers would see a 5.7 percent drop in health care costs as a share of payroll, and that firms with an average of more than 1,000 workers would see their health care spending decline by .6 percent as a share of payroll.
Critics of SB 562 strongly dispute these estimates.
4. What about jobs?
The bill would largely do away with the private insurance industry in the state. The California Employment Development Department counts more than 31,000 people in the state who work for medical insurance carriers. Many more people work selling insurance and in billing and processing at hospitals and private practices. The California Association of Health Underwriters says HB 562 could put more than a half-million Californians out of work. The bill's supporters contend that number is wildly inflated.
SB 562's backers have asked UMass-Amherst to do an additional study with the aim of determining how many jobs would be lost under the bill. That report will include a proposal for how to retrain people who lose work. The bill calls for a retraining fund.
The legislation's supporters say many of those people would find work dealing with billing for the state. Organizations that represent the medical and health insurance industries remain worried about job losses, and about possible negative ripple effects throughout the economy.
5. What would it cost California families?
Economists from UMass-Amherst estimate that, even with the additional sales tax, most families would pay less for health care than they currently do, once they no longer had to pay for things like insurance premiums, deductibles and co-pays.
The study estimates that middle-income families' net costs for health care would fall from between 3.4 percent and 9.9 percent of family income down to an average of .8 percent of family income.
The analysis says California families in the highest income brackets currently receive the equivalent of a net subsidy of 1 percent of their income for health care costs. The study estimates their costs would rise to an average of .6 percent of their income.
Critics say the analysis is "overly optimistic."
6. What’s the federal government’s role?
SB 562 calls for existing government funding to pay for the program to the tune of $225 billion. Those dollars go to programs like Medicare and Medi-Cal. This would require a federal waiver.
Aside from the federal funding, SB 562 could set up a conflict with another federal law. The Employee Retirement Income Security Act (ERISA) protects benefits Americans get at work. Since the bill would do away with most health insurance, it could set the stage for legal challenges under ERISA.
To listen to the full segment, click the blue play button above.
Homelessness is booming mostly in LA. Why?
Listen to the whole interview by clicking the blue audio player above.
The latest homeless count for L.A. County was a big one – the population jumped by 23 percent over last year.
But if you thought homelessness is booming throughout Southern California, think again.
In Orange County, it rose just 7 percent in the course of two years.
Meanwhile in San Bernardino County, it actually fell by a very slight amount since 2016.
"I think the strategies that are being deployed are pretty consistent across the region," says Peter Lynn, executive director of the LA Homeless Services Authority.
But Lynn argues that there's one thing that sets Los Angeles County apart from its neighbors: the skyrocketing cost of housing.
"L.A.'s housing market is the most cost-burdened in America," he says, "and when the housing market jumps, it pushes a lot of people out of their housing."
Wages in L.A. County haven't kept up with the pace of rent increases either, he adds, and the area has the highest poverty rate of any county in California.
One might think an alternate explanation for the rise is that homeless people are migrating into L.A. County for a variety of reasons: more services, proximity to the beach, a difference in policing policies, etc.
"That's not actually the case," says Lynn. "The overwhelming majority of people became homeless here in Los Angeles County."
According to LAHSA's surveys, 75 percent of those on the streets had been living in the county for more than five years. And Lynn says neighboring communities have a comparable amount of services for the homeless.
But if the high cost of housing is contributing to the rise of homelessness, then listeners will remember that voters in L.A. city and county passed measures H and HHH to invest hundreds of millions of dollars for helping those already homeless.
Lynn says those measures are still valuable, even if they don't address the cause.
"Those are going to be very important for keeping people from getting trapped in homelessness," he says, "but without easing the tight housing market, we're going to be at a disadvantage in facing homelessness."
Tuesday Reviewsday: new music for your summer vibe
Time to update your playlist!
Every week we’ll get a whole raft of new music. This week, Take Two contributor Oliver Wang brings us his selections.
Jin - Enigma
Album: Black Origami
Jerilynn Patton, better known as Jin, is a well regarded Chicago footwork artist. One of the few women involved in the footwork scene (which blends together house, hip-hop and some of the most frenetic drum programming ever. This new album heavily blends in Indian tabla drumming.
Neiked - Call Me (featuring MIMI)
The Swedish songwriter and producer, Victor Rådström, known as Neiked, had a minor hit last year with “Sexual.” He's created THE summer jam with “Call Me” featuring vocalist, MIMI.
The Como Mamas - Come Out the Wilderness
Album: Move Upstairs
The Como mamas are a gospel group signed to Daptone Recprds and their previous albums were acoustic but this time, they’re backed by the Glorifiers Band (a group of Daptone session musicians) for a more electrified effort.
This is their second time covering the gospel classic, “Come Out the Wilderness” but the first time with such a heavy rhythm section. But if you're interested in hearing what they usually sound like, check out the acoustic version:
Oliver Wang is a music writer, scholar, and DJ based in California.