Maine legislature failed to pass protective gun laws in January 2023 but failed to do so

Echo editorial published in CentralMaine.com

 

MaineWriter.com L'Heureux photograph

AUGUSTA, Me- In the legislature, by voting down a handful of simple, unimposing gun control proposals earlier this year, state lawmakers failed Mainers.

Come January 3, 2024, the same lawmakers have an opportunity to pass emergency legislation that would – at minimum – right the shameful oversights of the first legislative session. 

Indeed, the outpouring of public support for action on guns should mean the writing is on the wall; our elected representatives need to realize they have no choice now but to correct them.

Early reports on the antsy work arising from the mass shootings in Lewiston on October 25, 2023, heralds a mixed bag of bills in development.

This forthcoming wave of proposals will undoubtedly contain some duds. A suggestion (by Republican Sen. Eric Brakey) that the state issue a commemorative license plate is a good example of the type of “thoughts and prayers” reflex that we could all do without.

It appears there will be a host of proposals to improve mental health care and a few related to victim support. These are necessary areas of focus. The legislating that most urgently needs to be done, however, and which we know to be the most contentious, must focus on preventing shootings rather than trying to repair their devastating aftermath.

Although high-profile leaders like U.S. Rep. Jared Golden and state Senate President Troy Jackson have been vocal about reconsidering their opposition to conditions on gun ownership, following the Lewiston shootings, we know better than to think this will be either widely representative or persuasive enough to bring staunch gun control opponents around.

Representative Jared Golden (D) Maine Second District Congressman

According to this newspaper’s reporting, early versions of bills “set the stage for what could be a historic debate over gun legislation in the coming session.”

That the negotiations will be historic is not in doubt – the reverberations of Maine’s worst mass shooting are going to be keenly felt for a long time.

That there is a guarantee of more debate on some of these simple, basic ideas, however – ideas that enjoy robust and growing public support, the likes of which even the most popular elected representative could only dream of – continues to be profoundly disappointing.

After Lewiston, it stings uniquely. How do we reconcile this resistance with the depth of the statewide horror, heartbreak and outrage?

Two months before Lewiston, this editorial board published an impatient position on the sorry outcome of gun control laws in Maine in the last session (“Our View: We have not nearly earned the right to quibble about gun control,” Sept. 7).

And yet, even having been through what Maine has now been through, impressionable lawmakers all around our state are already preparing to engage in more dishonest, paranoid arguments against the most basic and inoffensive restrictions. Every time they dare to do this, and they are now very good at it, they put warped thinking and commercial interests before the safety and security of their constituents.

Instituting an effective system of background checks on private gun sales and waiting periods, and banning “rapid-fire” augmentation devices that make the average gun more like an automatic weapon, the three most obvious and galling examples of measures untouched, would result in only negligible changes to a prospective gun owner’s buying experience.

That’s without getting into addressing the shortcomings of the “yellow flag” law or advancing the strong case for a “red flag” law and the even stronger case for an assault weapons ban, prospective regulations that have been loudly called for since Oct. 25.

The Giffords Law Center (founded by Rep. Gabby Giffords after she survived a shooting in 2011) gives Maine an “F” grade for gun safety, along with 24 other states. There’s absolutely no reason we should still be part of this pitiful group.

Widespread and increasingly fervent public support for standards on the procurement and ownership of guns isn’t reflected in the statutes. Until it is, guns come before people, which should be mortifying to everybody.

Lawmakers in Augusta owe it to Mainers to free themselves from the selfish philosophical manipulations of the gun lobby and the rampant disrespect for the public that lobby insists on. Can they do that? We’re waiting impatiently to find out.

Comment from an editorial reader: There is absolutely no reason why we do not know what Robert Card had for a firepower that horrific night. All we know so far is he used an AR styled long gun with a laser sight. Beyond that they have not released any more information. I want to know how long was he at both locations, how many rounds he fired at both locations, did the AR-10 have a bump stock and what size magazine was he using. Releasing that information will inform all Mainers what those innocent civilians faced. It has to come out sooner rather than later. Stop protecting gun manufacturers and sellers. Tell us the truth. You won't because you are the real cowards.

Maine is first in nation to expand Medicaid by ballot initiative

Maine Medicaid Expansion: What’s Next (We did it!) 

On Nov. 7, Mainers passed Question 2 with an overwhelming 59% of the vote. Voters sent a clear and strong message: They want more affordable health care, not less. 

More than 70,000 Mainers cannot afford to wait any longer for the health care they need to be and stay well. The magnitude of the victory that we achieved - thanks to years of work by many of you - cannot be over-emphasized in terms of its impact on people’s lives. Thanks to the initiative, more than 70,000 Mainers will gain access to long-overdue, life-saving health insurance coverage.

In fact, the implications for Maine and beyond are significant.

“Voters in Maine approved a measure allowing them to expand Medicaid under the Affordable Care Act (ACA).

It was the first time since the law took effect that the question of expansion had been up to U.S. voters. 

The issue affected many people in Maine, a rural state that has the nation's oldest population and the region's lowest wages.” 

Associated Press ~https://www.apnews.com/cf007502a8dc421990c4d8dfcde19235

PORTLAND, Maine (AP) — Residents in this rural state grappling with a heroin epidemic and an aging population voted Tuesday to deliver a rebuke to Republican Gov. Paul LePage and join 31 other states that have expanded Medicaid under former President Barack Obama’s health care law (The Affordable Care Act ~ ACA).

The referendum represents the first time since the law took effect that the question of expansion had been put in front of U.S. voters.

Some 11 million people in the country have gotten coverage through the expansion of Medicaid, a health insurance program for low income people.

Maine became the 32nd state to expand Medicaid…Voters approved the initiative by a gaping 18-point margin, with support from many conservative, rural areas in the north of the state where expansion will have a significant impact. 

The "Question 2" victory means more than 70,000 Mainers will gain insurance coverage.” 

A clear and resounding message was sent to the Governor by voters. Nevertheless, Gov. LePage issued a statement saying he would not implement expansion if the Legislature didn’t fund it at twice the amount estimated in the bill’s fiscal note from the nonpartisan Office of Program and Fiscal Review ie OPLA. 

Governor LePage's statement caused some to worry about the future of Medicaid expansion here in Maine. 

Maine Equal Justice Partners in Augusta, an independent voice for Medicaid said, "We can assure you. This victory will stand. We will be working together over the coming months to ensure that people get healthcare coverage and the will of Maine voters is upheld. Get the facts on implementation of Medicaid expansion. We would like to answer some of the post-election questions that have come up to help clear up any confusion."

When will newly eligible Mainers get their healthcare coverage? 

The law the voters passed requires the administration to provide health coverage to people within 180 days of the effective date of the law. The administration is therefore required to provide coverage to people who are eligible no later than July 2, 2018. 

Here is the timeline for the implementation

• Nov. 7, 2017 - Ballot measure passed with a strong majority (59% of Maine voters).

• Dec. 4, 2017 – Governor made public proclamation of the election results. • Jan. 3, 2018 - Legislature convenes. Thirty days have passed since the governor’s proclamation and the law becomes effective on this day. 

• Feb. 17, 2018 - While the law is effective on January 3rd, it becomes operative 45 days after the Legislature convenes.

• April 3, 2018 – This is 90 days after the effective date, and DHHS must submit a State Plan Amendment to the federal government by this day.

• July 2, 2018 (state fiscal year ’19) – No later than 180 days after the effective date, people become newly eligible under the law.

Can the governor block this law and prevent people from getting health coverage?

No. The governor cannot veto a ballot initiative. Medicaid expansion is now the law of the land. The Legislature is the only governmental body that can change the law and there is no reason to expect them to repeal it (see Q&A #4). The governor, just like all of us, must follow the law. 

What if the Legislature repeals the new law? 

Even though the Legislature has the authority to repeal or change the law, this is incredibly unlikely. The majority of the Legislature has already passed Medicaid expansion five times. Now, the voters have weighed in and passed it with a strong majority. Legislative champions have already made it clear that this is now the law and the will of the voters will stand. 

What is the actual cost of Medicaid expansion? 

Expanding Medicaid through the ACA is an incredible bargain. Initially, the federal government will pay 93.5% of the cost of coverage for most who would become newly eligible and no less than 90% beginning in state fiscal year 2021. The state’s share is relatively small considering the return on investment of $9 from the federal government for every $1 Maine invests. The official fiscal note from the nonpartisan Legislative Office of Fiscal and Program (OPLA) Review estimated that the state cost of Medicaid expansion once fully implemented at the 90/10 match rate in 2021 will be approximately $55 million a year, bringing in $525 million in federal matching funds. 

The cost of expansion for the first couple years with the enhanced match rate is still to be determined by the Legislature working with OFPR with input from DHHS. 

OFPR has initially estimated that the state’s cost for fiscal years 2018 and 2019 combined would be $45.5 million. This number is too high, however, as it is premised on the assumption that people will gain coverage in January of 2018. The Legislature and OFPR will therefore need to work through the actual cost for this biennium over the coming months. 

Will the Legislature need to cut other programs and services to fund the state’s share for Medicaid expansion? 

No. Medicaid expansion does not involve taking funding from one group to pay for another. It is about taking advantage of an unprecedented, cost effective opportunity available from the federal government to provide health insurance coverage to low income Mainers who can’t access Medicaid now. Providing coverage to more people will help to stabilize our health care system overall. Other states that have expanded their Medicaid programs have not been forced to make cuts to other programs. 

It's wrong for opponents to claim that expansion threatens people on wait lists for home care services. This myth has been debunked throughout the nation. Maine is not facing a budget shortfall, the revenue picture shows an actual surplus, and there are funds available to the legislature to pay for expansion over the next biennium without harming others that need services. 

What if the Legislature does not fund Medicaid expansion during this legislative session? Or what if the Legislature funds it but the Governor vetoes the funding bill? 

Medicaid expansion is the law and people will become eligible for coverage on July 2, 2018 regardless of whether the Legislature has passed a funding mechanism and regardless of whether the governor delays or resists implementation. Once eligible for coverage, people will have legal recourse if they are improperly denied coverage, meaning they will have a legal claim in court. Hopefully, it will not come to that and the Legislature will act swiftly to fund the state’s share and the governor will act swiftly to respect and implement the will of the voters, but regardless, people will become eligible under the law. 

I understand that the federal government must approve Maine’s State Plan Amendment to implement expansion. 

What if the federal government does not cooperate? 

The state administration must submit a State Plan Amendment (SPA) within 90 days of the effective date, according to the new law. The federal government must approve Maine’s State Plan to implement Medicaid expansion, but that should be a routine process that is anticipated by the legislative timeline. 

Usually, this approval takes on average about 82 days. If the federal government delays giving its approval in an obvious effort to thwart implementation, it will be subject to legal challenge. 

How can I get involved to help ensure the law gets implemented and people get coverage as soon as possible? 

The Mainers for Health Care campaign was successful because it was a grassroots, collaborate effort. A Leadership Team of people who would be impacted by the policy were at the heart of the campaign, sharing their stories, recruiting volunteers and knocking on doors. More than 80 state and local organizations endorsed the campaign and helped make it happen. Health care providers, faith leaders, nurses, advocates and concerned citizens joined forces to make this happen for Maine. In that spirit, we will work together to finish the job and get health coverage to people as soon as possible. 

If you would like to join in these efforts and are not already connected to the Mainers for Health Care campaign, please contact Kate Brennan at kbrennan@mejp.org or 1-866-626-7059, ext. 204. 

If you have questions about the policy or the law that we have not answered here, please contact Ann Woloson at awoloson@mejp.org or 1-866-626-7059, ext. 210.

Shakespeare and immigration - plus ça change, plus c'est la même chose

Obviously, neither the Bible, the Ten Commandments or the Sermon on the Mount specifically addressed the difficult and contentious issue of immigration. But, apparently, William Shakespeare did write something, when he collaborated with a group of peers on a play titled "The Book of Sir Thomas More".

This French proverb is a perfect motto for the sad turmoil surrounding the immigration crises:  plus ça change, plus c'est la même chose.  

Sir Thomas More and immigration - by William Shakespeare

Translated: "The more things change the more they are the same."  A forum at the Holocaust and Human Rightes Center (HHRC) on the University of Maine Augusta (UMA) campus brought this proverb into focus when David Greenham, Program Director, read a narrative hand written by William Shakespeare, from the play he collaborated with writing, titled The Book of Sir Thomas More.  

Shakespeare, Sir Thomas More, and the refugee migrants blog

gives contest to Shakespeare's hand written monologue for the character who plays Sir Thomas More (1478-1535/London).  

In the play, Shakespeare gave words to Sir Thomas More who eloquently spoke about immigrants who were flooding into London as a result of war, disease and political turmoil on the European continent.

In the play, the people of London are complaining about immigrants.

Here's what Shakespeare wrote for his lead character:

Grant them removed, and grant that this your noise
Hath chid down all the majesty of England;
Imagine that you see the wretched strangers,
Their babies at their backs and their poor luggage,
Plodding to the ports and coasts for transportation,
And that you sit as kings in your desires,
Authority quite silent by your brawl,
And you in ruff of your opinions clothed;
What had you got? I’ll tell you: you had taught
How insolence and strong hand should prevail,
How order should be quelled; and by this pattern
Not one of you should live an aged man,
For other ruffians, as their fancies wrought,
With self same hand, self reasons, and self right,
Would shark on you, and men like ravenous fishes
Would feed on one another….
Say now the king
Should so much come too short of your great trespass
As but to banish you, whether would you go?
What country, by the nature of your error,
Should give you harbour? go you to France or Flanders,
To any German province, to Spain or Portugal,
Nay, any where that not adheres to England,
Why, you must needs be strangers: would you be pleased
To find a nation of such barbarous temper,
That, breaking out in hideous violence,
Would not afford you an abode on earth,
Whet their detested knives against your throats,
Spurn you like dogs, and like as if that God
Owed not nor made not you, nor that the claimants
Were not all appropriate to your comforts,
But chartered unto them, what would you think
To be thus used? this is the strangers case;
And this your mountainish inhumanity. 

Since Donald Trump doesn't know his Bible references (ie "Second Corinthians") and clearly disregards what Pope Francis advises about anti-immgration walls being "not Christian", then maybe he and the GOP hypocritical line up will take time to read advice from Shakespeare! Unfortunately, proverbs have a way of hanging around for centuries. Plus ça change, plus c'est la même chose.