CA fighting red states over Obamacare + ACLU sluggers + Atkins on wildfire oversight

Happy Thursday, readers. We nearly made it to a three-day weekend. Hope you get outside to enjoy some sunshine.

HEAR US OUT

California Attorney General Xavier Becerra and 20 other attorneys general filed a reply brief on Wednesday urging the U.S. Supreme Court to hear the Texas case to repeal the Affordable Care Act this term.

Back it up — Becerra is leading a group of liberal states to defend the law against Texas and a crew of red states that are challenging the individual mandate of the ACA. At question is whether this core element of the signature Obama achievement is unconstitutional, and if it is, does the law even matter?

The U.S. 5th Circuit Court of Appeals in New Orleans ruled against California late last year, saying the individual mandate was unconstitutional, affirming what a federal judge in Forth Worth ruled in December of 2018. The appeals court then sent the case back to the federal district court in Texas for further review.

But Becerra quickly petitioned the nation’s highest court to hear the case instead, and before the term concludes in June.

“This dangerous repeal case jeopardizes the lives of our families, neighbors, and millions of Americans who rely on the ACA for their healthcare,” Becerra said in January. “We’ll continue to fight because our communities are healthier when everyone can access affordable care — whether that means gaining coverage from Medicaid expansion or by staying on a parent’s health insurance.”

The coalition echoed Becerra, saying the “litigation is creating profound uncertainty” and the prolonging of the case has caused harm to individuals and disruption in the insurance and small business markets.

“Postponing review would accomplish little beyond prolonging uncertainty about the future of the ACA,” the states argue, “with accompanying harm to patients, doctors, businesses, and the Nation as a whole.”

ACLU CHAMPS

The American Civil Liberties Union honored nine Capitol Democrats on Wednesday for their “exemplary records” of writing legislation related to civil rights.

In the Senate — Steven Bradford, Gardena; Holly Mitchell, Los Angeles; Nancy Skinner, Berkeley; and Scott Wiener, San Francisco.

In the Assembly — Ash Kalra, San Jose; Sydney Kamlager, Los Angeles; Mark Stone, Scotts Valley; Shirley Weber, San Diego; Buffy Wicks, Oakland.

The legislators were ranked according to their stance on a spectrum of issues, including criminal justice reform, LGBTQ rights and reproductive justice.

“These dedicated legislators worked with the ACLU in 2019 to enact landmark legislation to reduce police shootings and increase accountability for police officers; advance criminal justice reform; improve reproductive healthcare on university campuses, and access to needed medical care for people in jail; and enacted important legislation to expand voting rights and make the jury selection system more fair,” said Kevin Baker, legislative director for the organization.

The ACLU said the group would release a comprehensive scorecard analyzing each legislator’s voting record soon.

SENATE TAKES ON WILDFIRES

For the next three months, expect to hear California senators talk a lot about wildfires.

The California State Senate is set to hold a series of hearings intended to develop a comprehensive Wildfire and Climate Action Plan.

Senate President Pro Tem Toni Atkins, D-San Diego, said that the hearings will take place over the next 90 days, and build on the work done at previous Senate committee meetings, including one meeting where lawmakers discussed the much-maligned public safety power shutoffs that left hundreds of thousands of Californians without power during peak fire weather.

“The gross mismanagement of this past year’s PSPS events has made Californians rightfully doubt the reliability of their power and telecommunications services, which are a lifeline for so many, especially during emergency events,” Sen. Ben Hueso, D-San Diego, said in a statement. “In continuing our oversight efforts by evaluating additional policy or regulatory oversight to strengthen our service networks, we aim to prevent and limit the occurrence and impact of future outages, while restoring consumers’ trust in these services.”

One of the first pieces of legislation to come out of the effort is Senate Bill 45, which passed out of the Senate in late January and which, if passed into law, would put a $5.5 billion bond to finance projects for wildfire prevention, safe drinking water, drought preparation and flood protection on the ballot in November.

The goal of the hearings is to produce legislation that, per Atkins’ office, addresses the following goals:

• Fast-track electric grid hardening, modernization and reliability and vegetation management.
• Implement public safety power shutoff strategies to avoid another catastrophic year.
• Develop home and community hardening strategies to keep Californians safe.
• Address homeowner insurance non-renewals and stabilize California’s home insurance market.
• Reduce fire risks around neighborhoods to protect people and property.
• Improve community land-use planning and emergency preparedness.
• Train and deploy a resiliency workforce.

“We must continue to hold utilities accountable, advance solutions to stabilize the residential insurance market, continue our leadership and track record on climate change, and provide communities and small businesses with the tools they need to combat climate change,” Atkins said in a statement.

QUOTE OF THE DAY

“@JayObernolte of California is running for Congress in 2020. Jay will help me to continue securing the Southern Border, he Loves our GREAT Law Enforcement Officers, Military, Vets, and he will protect your #2A. Jay has my Complete and Total Endorsement!”

- President Donald Trump, via Twitter. Assemblyman Jay Obernolte,R-Big Bear Lake, is running to fill the seat being vacated by Rep. Paul Cook, R-Yucca Valley.

Best of The Bee:

• Can Devin Nunes sue California publisher in Virginia? Judge wants to know more from McClatchy, via Kate Irby

• President Donald Trump will make San Joaquin Valley visit next week, via Brianna Calix

• Former Rep. David Valadao’s family dairy is asking a California appeals court to reconsider part of a recent jury verdict that held the farm mostly responsible for a 2016 accident that severed an employee’s hand as Valadao seeks a return to Congress by challenging Democrat TJ Cox, via Kate Irby.

• For some state workers, the emails are familiar. They might be blasted out from a department head or be filtered down with a nudge from a mid-level manager. The subject line might read, “seeking volunteers.” Some employees have written The State Worker saying they feel like the requests feel more mandatory than voluntary. Sometimes a manager’s solicitations for donations for events or causes can feel the same way, via Wes Venteicher.