Congressional District Map Approved by NYS Legislature on Feb. 2, 2022

ABC News reports a New York appeals judge said he will “likely” rule Friday on whether to continue blocking a lower court ruling that declared the state’s new congressional and legislative district maps unconstitutional.

New York’s electoral landscape was thrown into question last week when a Republican trial court judge ordered the state’s Democrat-controlled legislature to redraw the district boundaries.

State Judge Patrick McAllister gave state officials only until April 11 to submit new maps, saying the districts they had drawn up were illegally gerrymandered to favor Democrats.

The ruling came even as candidates have begun campaigning in the disputed districts ahead of a June party primary.

State Appellate Division Justice Stephen Lindley has already issued a temporary stay on that ruling. He said he’ll decide sometime after Thursday’s hearing whether to leave the stay in place for now, pending more legal action in the weeks ahead.

He could also lift the stay, which would put state lawmakers on an incredibly tight deadline to come up with new maps. Judge McAllister has said if lawmakers don’t meet his deadline, he would appoint his own expert to draw up new maps. The state would likely cover the cost of a special master. Courts sometimes designate an attorney not directly involved with a case, known as a special master, to address such concerns.

Lawyers for the Assembly and Senate argued Thursday that the ruling should be blocked for at least 30 days, and criticized the trial judge’s decision to strike down largely uncontroversial Assembly maps.
Meanwhile, a lawyer for the Republican voters demanded that lawmakers or a court master start working up new maps soon.

Judge Lindley said his primary concern is ensuring New York is ready if appellate judges agree that the new Congressional maps — and potentially Senate maps — are unconstitutional and must be redrawn.

Lindley said that back-up maps could be tossed if the appellate court decides the contested maps pass constitutional muster. He said New York could hold its federal primary as late as around August 23 or 24.

Thursday’s hearing likely won’t be the final word on the main issue: whether the new maps are so politically biased toward Democrats that they violate the state constitution.

The arguments are “just a skirmish along the way,” according to former U.S. Rep. John Faso, a Republican who has been helping muster support for the lawsuit challenging the maps’ legality.

A hearing for more arguments has already been scheduled for April 20.

Rep. Tom Reed (R-Corning)

WASHINGTON – Republican leaders are steering the Senate toward a crucial vote on their bill eviscerating much of the Affordable Care Act, President Barack Obama’s health care law. The pending vote has been buoyed by the near theatrical return to the Capitol of the ailing Sen. John McCain (R-AZ).

On Monday McCain announced through his office that he would be back in Washington for the critical roll call on beginning debate on the legislation. The 80-year-old has been at home in Arizona since he revealed last week that he’s undergoing treatment for brain cancer.

Meanwhile, Congressman Tom Reed (R-Corning, NY 23) said he’ll oppose any healthcare legislation that comes out of the U.S. Senate that does not include an amendment that removes the local cost of Medicaid.

Reed released a statement on Monday and reiterated it during his weekly conference call with the media, saying that the Faso-Collins Amendment that was included in the final house version of the American Health Care Act also needs to be included in any final version the Senate puts forth.

“Standing with our local taxpayers is something I care deeply about and this opportunity -to do the right thing by putting the burden at the state capitol that controls medicaid, and can design medicaid, and therefore is ultimately responsible for that system – to me is the right thing to do,” Reed said. “Without it in the legislation I just don’t feel comfortable moving forward with the Senate health bill if it doesn’t have that provision in it.”

The Faso-Collins Amendment – sponsored by Republican congressman Chris Collins and John Faso of New York, would requires every state in the country to assume all costs of Medicaid.  It is specifically aimed at New York State, which is currently the only state in the country that still requires local county governments to pay a portion of the Medicaid cost.

The argument in favor of the amendment is that it would help reduce local property taxes but eliminating the Medicaid burden. Gov. Andrew Cuomo and other state leaders have argued against the bill, saying the removal of the local share would drive up costs at the state level by $2.3 billion – meaning the state would likely have to find ways to offset that increase, including the possibility of reducing local aid.

In Chautauqua County for the 2017 budget which totals $233 million, a total of $30.3 million was budgeted for Medicaid.

It was reported last week that major portions of the Senate Republican health bill — including the Faso-Collins Amendment — likely will end up on the cutting room floor, thanks to a ruling by the Senate parliamentarian, who ruled that major portions of the health bill are policy-making measures that can be struck from the bill unless 60 senators vote to keep them.

With Republicans struggling to even get the 50 votes they need to pass the health bill, the ruling puts Democrats in the position where they could challenge and defeat several provisions in the bill, from the Faso-Collins amendment to a provision barring federal funding for Planned Parenthood.

Donald Trump

WASHINGTON – President Donald Trump’s campaign promise to repeal and replace “Obamacare” is now in the hands of a key group of GOP senators who are opposing -or not yet supporting – legislation Senate Majority Leader Mitch McConnell is pushing to bring to a vote this week.

These lawmakers range from moderate to conservative Republicans, and include senators who were just re-elected and a couple facing tough re-election fights. Their concerns about the legislation vary along with their ideology, from those who say it’s overly punitive in ejecting people from the insurance rolls, to others who say it doesn’t go far enough in dismantling former President Barack Obama’s Affordable Care Act.

Sen. Susan Collins of Maine tweeted after the Congressional Budget Office analysis on Monday that the Senate bill won’t fix the flaws in the current bill. She says she will vote no on the “motion to proceed.”

Sen. Ron Johnson of Wisconsin says he has “a hard time believing I’ll have enough information for me to support a motion to proceed this week.”

Sen. Rand Paul of Kentucky says it’s worse to “pass a bad bill than to pass no bill.”

CUOMO WEIGHS IN ON SENATE HEALTHCARE BILL

NY Gov. Andrew Cuomo (left) and Congressman Tom Reed (right)

Meanwhile, Gov. Andrew Cuomo hasn’t been shy about voicing his criticism of the Senate version of the health care bill. In a statement released Monday following an assessment report released by the Congressional Budget Office on the Senate Plan, the governor said the report shows that Republicans in the Senate are choosing to put millionaires over the middle class, cutting taxes for the rich at the expense of the health care of millions of Americans.

“This bill will leave 22 million more Americans without health care coverage, including 15 million more Americans by next year alone,” The governor noted. “Just like the House bill, this legislation is a death trap for New Yorkers. The Senate bill will jeopardize health care coverage for millions of New Yorkers, raise premiums on the poor and the elderly, and eliminate more than $7 billion for New York’s health care system, including life-saving funding for the fight against the opioid crisis. It also specifically targets New York, threatening to withhold federal tax credits for New Yorkers because of our support for women’s reproductive rights.”

He also said that the inclusion of the Faso-Collins amendment – which aims to eliminate the local contribution counties pay the state to help cover the cost of Medicaid – would force every resident to pay more through a new state tax.

“And by including the reckless Faso-Collins amendment, this bill will force every resident of this state to pay a ‘Faso-Collins Federal Tax’ added onto local property taxes to make up the $2.3 billion shortfall created by their proposal,” The governor noted.

Cuomo said he’s already called on the state’s Congressional delegation to do everything within their means to protect New York residents and not support the measures. However, Chautauqua County’s representative in Congress, Republican Tom Reed of Corning, released a statement critical of the governor, calling him a liar and a bully who’s done nothing for upstate New York.

“Governor Cuomo is a liar who has done nothing for upstate New York,” Reed said. “He’s a one trick pony for whom everything is an excuse to raise taxes. He needs to buck up like other governors and start reining in the cost of Medicaid and figure out more efficient ways of spending the taxpayers’ money. Instead, he acts like a bully and threatens a tax hike on middle class families.  I’d like to see Gov. Cuomo run for president owning the highest tax increase in America.”

The House plans to vote on the American Health Care Act Thursday, and in advance on Wednesday, President Trump was expected to continue pushing for support of what would be a significant achievement for his young presidency.

But underscoring the bill’s uncertain fate, a senior administration official said that 20 to 25 House Republicans remained opposed or undecided. That’s a grave figure since united Democratic opposition means the measure crashes if 22 GOP lawmakers vote “no.”

Chautauqua County’s representative in Congress says he’s on board with the GOP proposed American Health Care Act and thinks it will have enough votes to pass the House. Tom Reed (R-Corning, NY 23) told reporters during a Tuesday conference call that he believes there will be enough votes to pass the bill, despite reports that some GOP lawmakers may be on the fence.

“I believe they’re moving in the right direction to support this legislation. They see the improvements that have been made and I believe they also recognize the promise that’s been campaigned upon for year,” Reed said. “it’s no secret across America that we as a Republican conference, to a T, support the repeal of Obamacare and moving forward with replacement policies that are going to empower people and patients and doctors. So this is the first step in that process and that promise they recognize and is where we’ll come down on Thursday.”

Rep. Tom Reed (R-Corning)

Late Monday night House leaders put forward a series of final amendments to the bill, which Reed said strengthens the GOP plan. Reed also said he was especially in favor of the Collins Amendment (or the Faso-Collins Amendment). The name(s) comes from Reps. Chris Collins and John Faso, upstate Republicans who are behind this push to shift the local cost of Medicaid from Upstate and Long-Island counties to the state.

“The one I like best is the inclusion of that relief directly to our property tax payers across the district, when it comes to that county tax levy burden that medicaid puts on them from Albany. So from my perspective that was the top priority as we went through this process,” Reed said.

According to state officials, the cost of such a shift would be $2.3 billion in lost Medicaid payments from local governments, if and when it takes effect in 2020, assuming of course the legislation passes both houses of Congress in its current form.

As a result, state leaders say the amendment will have a severe negative effect on local hospitals and nursing homes.

Governor Andrew Cuomo on Tuesday said 2.7 million New Yorkers would face substantial loss in their current health care coverage while the quality and availability of health services across the state would be jeopardized. The reduction in Medicaid spending will have a significant impact on funding for nursing homes, home care, and hospitals, putting 7 million New Yorkers at risk according to the Democratic governor.

COUNTY LAWMAKERS TO SUPPORT COLLINS AMENDMENT

The Collins Amendment is also apparently good news to a group of local lawmakers. During Wednesday’s Chautauqua County Legislature meeting, a motion of support for the amendment will be up for a vote. The motion has 10 sponsors, enough to ensure its approval.

When added to the $4.5 billion cost of the ACHA over the next four years, Cuomo indicated that the total cost to the State would rise to $6.9 billion.