Nullifying the nullifiers; a political primer

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SC Progressive Network Director Brett Bursey challenges Sen. Tom Davis outside Senate chambers before senators take up the “Nullify Obamacare” bill. Truthful Tuesday activists have been lobbying lawmakers since the legislature reconvened on Jan. 14.

The “Nullify Obamacare” bill was voted down in the SC Senate late Wednesday night, with a vote of 33 opposed to nine in favor of the House-passed version. It’s complicated, but here’s a breakdown.

Sen. Tom Davis (R-Beaufort) completely rewrote H- 3101, which expressly rejected Medicaid expansion and regulated federal ACA Navigators. (The Network was among the groups in South Carolina awarded a grant to help people navigate the insurance marketplace to be in compliance with the new health care law.)

The amended bill died after Lt. Gov. Glenn McConnell ruled that Davis’ amendment was not germane to the House version. McConnell, who serves as president of the Senate, said of the House version, “I was having trouble understanding what that bill really did.”

Sen. Brad Hutto (D-Orangeburg) raised a point of order that the regulations placed on Navigators had nothing to do with the original bill. McConnell agreed, and ruled Davis’ entire amendment out of order.

In a move seen as disrespectful in the body that prides itself on being deliberative and cordial, Davis appealed McConnell’s ruling to the Senate floor. Twenty-eight senators, 14 from each party, upheld the decision to kill Davis’ amended bill.

With Davis’ version of H-3101 dead, the vote then was called on the original House version that even Davis had declared unconstitutional. Only nine Republicans voted to adopt the “Nullify Obamacare” version of the bill. In the end, 19 Republicans joined 14 Democrats to reject the bill on a 33 – 9 vote.

That only nine of 28 Republican senators took the rigid Tea Party stance against “Obamacare” is seen by SC Progressive Network Director Brett Bursey as “a rare victory for rational thought in the legislature.”

That said, Bursey cautioned that the damage has already been done, calling the time-sapping legislative posturing “bad political theater.” South Carolinians are already suffering from the state’s refusal to participate in the Affordable Care Act, with more than 1,000 deaths predicted here this year because lawmakers refused to accept Medicaid expansion money (which, we remind you, is OUR tax dollars.)

The death of H-3101 doesn’t mean that South Carolina lawmakers will stop obstructing the ACA. South Carolina is still refusing money for a state insurance marketplace and Medicaid expansion. The Davis bill would have added regulating state Navigators and blocking public bodies from helping people get insurance to the state’s anti-Obamacare campaign.

“A goal of our Truthful Tuesday protests,” Bursey said, “was to get people talking, change the dialogue, and reduce the Tea Party influence on Republicans. That is happening.”

For third week in a row, Truthful Tuesday activists to face arrest March 18

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On Tuesday, as the SC Senate continues debate on the nullification bill (amended to the ACA Anti-Commandeering Act), concerned citizens will again remind lawmakers that health care is a moral issue, not a political one.

Even lawmakers who oppose the Affordable Care Act don’t dispute that more than 1,000 people will die this year because South Carolina refused to expand Medicaid in 2013.

For the third week in a row, Truthful Tuesday activists will block the entrance to the SC State House garage at Pendelton and South Main beginning at 10:45am. As they have in weeks past, health care advocates, ACA Navigators and people “thrown under the ambulance” by the state’s refusal to expand Medicaid, will lobby senators as they enter the Senate chambers, beginning at 11:30.

Members of the Senate have been invited to speak to demonstrators in the upstairs lobby before the session. After noon, when the session begins, some senators will be called out to the lobby to answer questions from their constituents.

Join us! We need folks willing to step off the curb, others to support them by standing in solidarity on site, and others to help pack the upstairs lobby at 11:30. Call 803-808-3384.

What did activist Modjeska Simkins think about the Confederate flag flying on the State House?

You might be surprised.

SC Progressive Network Director Brett Bursey talks about the long-running debate he had with his mentor about the flag, which came off the dome in 2000 — and relocated to a more visible position on the State House lawn.

Why did they do it?

Outside the Senate chambers March 4, SC Progressive Network Director Brett Bursey explains to a reporter with The State why Truthful Tuesday activists blocked the road to the SC State House entrance. Eleven were arrested. (At the time of the interview, the protesters were still being processed at police headquarters, and Bursey thought 10 had been arrested.)

Truthful Tuesday activists keep pressure on SC lawmakers to expand Medicaid

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On Feb. 25, advocates for Medicaid expansion in South Carolina gathered at the State House for a “Day of Shame,” targeting senators as they went into session. The Senate is expected to take up the “Nullify Obamacare” bill as early as this week.

Organizers Brett Bursey and Rev. Nelson B. Rivers III remind us why we are there.

See news coverage: WIS-TV, The Buzz, The State.

Truthful Tuesday Day of Shame in SC State House lobby on Feb. 25. Be there!

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In anticipation of the Senate taking up the Nullify Obamacare bill next week (H-3101, which passed the House last year), we are calling for a Truthful Tuesday Day of Shame on Feb. 25. We will gather in the upstairs lobby at 11am and greet the Senators as they go into session at noon. Bring signs and scarves (we’ll have some for folks who don’t.)

We will politely ask each one of them whether they support the Affordable Health Care Act and expanding Medicaid. If they say no, or refuse to answer, we will look them in the eye and simply say “Shame!”

We have been advised that disturbing a legislative session is punishable by three years in prison and a $5,000 fine, AND the Fifth Circuit Solicitor has advised our lawyers and the police that they WILL be using that charge should anyone violate 10-11-330. Given the unreasonable consequences, we are not calling for civil disobedience at this time and place.

We firmly believe that civil disobedience is a legitimate tactic that should be pursued. There are times when it is morally imperative for people to take a stand (or sit-in) against evil. It is what ended Jim Crow, brought an end to the Vietnam war, and is the people’s ultimate weapon against fatally wrong state actions. The primary beneficiary of CD is the participant whose principles are tested and found victorious. The tactic wakes the public, and forces the media to address why people are willing to get arrested.

If you are considering CD in the future, you must check in with our CD coordinator, Network Director Brett Bursey, for a briefing. Call 803-808-3384 for details.

We believe that when a majority of our legislators make partisan decisions that will cause hundreds of unnecessary deaths, it is incumbent on citizens to “disturb the orderly conduct” of such a body. We are committed to disturbing these politicians by exposing their shameless, petty, partisan self-serving conduct that violates their oath to serve the common good.

We have been reluctant to call shots when the legal liabilities were unclear, and our commitment to an open and democratic process has had us waiting for consensus from parties that are not responding.

We invite those allies who have fallen away from the effort to re-engage. The Moral Mondays spotlight in the regional and national media has given our own movement a boost, as the media has taken to linking our movements. We are resolved to press on. Please join us for the good fight and the long haul.

Finally, watch Rep. Gilda Cobb-Hunter in this clip at a Truthful Tuesday planning meeting, where she says she’s saving bond money in case she needs it. She’s stepping up. So can you.

It was a good day for SC voters

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History was made yesterday in the SC House Judiciary Election and Ethics Laws Subcommittee when Chairman Alan Clemmons approved two bills that the SC Progressive Network supported in hearings. These bills, which will make voting more transparent and accountable, are the first Network-promoted bills in 10 years to clear Rep. Clemmons’ committee. (He was the primary sponsor of the photo ID bill that the Network fought for several years.)

The first bill, H-3198, sponsored by Richland Rep. James Smith (D), will put the State Election Commission in charge of elections. The current voting system gives each of the 46 county Election Boards independence from centralized control. The system was designed by the state constitution of 1895 to disenfranchise black citizens by allowing the senator from each county to appoint the board. This was following a decade when the SC House was the only legislative body in the nation that was majority-black.

Rep. Clemmons signed onto the bill, stating that a centralized authority would make for more professional and consistent management of elections.

For years, the Network has advocated giving the State Election Commission authority over the county boards. “The SEC can only advise the county boards, and they often have different interpretations of the laws,” said Network director Brett Bursey. “It’s difficult to explain to people that no one is in charge of elections in South Carolina.”

The second bill, H-4364, was drafted by Bursey and introduced by Rep. Gilda Cobb-Hunter. He referred to the bill as a “State Section 5 Registry,” filed after the US Supreme Court struck down Section 5 of the federal Voting Rights Act that required states with a history of racial discrimination to “prefile” changes to voting procedures to insure that they did not negatively affect minority voters.

“With the loss of the federal Section 5 registry,” Bursey testified, “there is no public notice of voting changes.” Clemmons agreed with Bursey that citizens deserve to be notified of changes to election laws, and approved H-4364’s requirement that all changes will be reported to the SEC and posted on the its web site.

“This won’t keep bad things from happening,” Bursey said, “but at least voters and advocacy groups will be given notice before they take effect.”

Both bills have rare bipartisan support and a chance of becoming law.vote_clipart

Truthful Tuesday, the musical

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Written and performed by Dave Lippman

Whoa, where do you go when you want everyone to know
We’ll tell you tomorrow enough is enough

Hey Nicki Haley, education you shelve
Illegally low funding for K through 12
Funding for college, down 40%
Tuition through the roof, so much for food and rent

Gerrymandering without a true case
Vote suppression creeps in like a nun
But Tuesday’s wild, your party is a disgrace
We are not done

Truthful Tuesday, so good to me
Truthful Tuesday it was all I hoped it would be
Though Truthful Tuesday, Truthful Tuesday couldn’t guarantee
That Tuesday evenin’ South Carolina would be free

Every other day
Legislature gets away with crime, yeah
But whenever Tuesday comes, but whenever Tuesday comes
You can find me mopping up all the slime

Truthful Tuesday how I love Truthful Tuesday
Get to take back our state all day
Not like Monday, that no fun day
When they’re withholdin’ our Medicaid
On Wednesday, they cut what we need
We say enough is enough, we secede
‘Cause Thursday they raise what students pay
And Friday ALEC gets its way

Saturday mornin’, oh Saturday mornin’
All my health care has gone away
They got my money and my union, honey
And they’re buying’ elections every day

Sunday mornin’ I’m feelin’ bad
This is the worst government I’ve ever had
But I’ve got to get my rest
Cause Truthful Tuesday’s the best

Whoa, where do you go when you want everyone to know
We’ll tell you tomorrow enough is enough