CHARLESTON, W.Va. – Observers of corporate bankruptcies say the ruling in the Patriot Coal case will open the door to other corporations that want to shed retiree obligations.
In a controversial decision Wednesday, a bankruptcy judge in Missouri ruled that the coal company could slash health and pension benefits as it restructures.
Economist Teresa Ghilarducci says Patriot has been especially aggressive about using the bankruptcy process to break the retiree parts of employee contracts, but it's not just Patriot.
"In fact there are many bankruptcy situations in which it seems that the primary reason the troubled company is going all the way to bankruptcy is in order to shed those obligations," she says.
The decision could allow Patriot to eliminate healthcare benefits for more than 20,000 retired miners and family members.
Patriot Coal says it has to slash costs to remain viable. The United Mine Workers says the company planned to abandon the retirees from the day it was founded in 2007.
The Patriot retirees could end up in a public healthcare trust administered by the mineworkers union. The federal government's Pension Benefits Guarantee Corporation has absorbed the pensions of other bankrupt companies. Both have been under-funded.
Sean O'Leary, policy analyst with the West Virginia Center On Budget & Policy, says retirees might end up having to depend on Social Security, Medicare and Medicaid – all part of a shift of costs from the company to taxpayers.
"A shift from what was a private business providing a pension to people on public services,” he points out. “And the end result of that creates a great deal of strain on our public services."
O'Leary adds the background to this story is a falling number of good paying industrial jobs and a decline in union membership. He says that tilts contract negotiations, and legal fights, in favor of the corporations.
"Fewer and fewer employees covered by unions,” he says, “that not only are there fewer companies offering those benefits, but it's possible for those who have those benefits to have those taken away. That could be a scary thing for a state like West Virginia."
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As hostility toward Jewish people continues to spike in Arizona and nationally, the Biden administration has issued a National Strategy to Counter Antisemitism.
Research by the Anti-Defamation League shows antisemitic beliefs are on the increase. Last year, 85% of Americans said they believe at least one anti-Jewish trope, compared to 61% in 2019.
Richard S. Hirschhaut, regional director of the American Jewish Committee-Los Angeles, said his group has noticed an increase in vandalism, harassment and assault. He called Biden's plan "unprecedented" and "historic."
"This is a strategy that not only recognizes the rise and the severity of antisemitism, but treats it as a full-on society problem," Hirschhaut explained. "Recognizing that antisemitism must be the concern and the business of all Americans."
The 60-page plan is a product of collaborative work by national leaders and Jewish organizations. It includes more than 100 new actions the Biden administration said it will take to protect Jewish communities across the nation.
According to the Federal Bureau of Investigation, American Jews account for 2.4% of the U.S. population, but see 63% of the reported hate crimes motivated by religion.
Hirschhaut stressed it is important to highlight the numbers are often lower than actual incidents. He added the proactive vigilance and upgraded security protocols are needed.
"That speaks to a climate of fear and intimidation that has become commonplace in America," Hirschhaut asserted. "And that is what we hope this plan, the national strategy, will help to arrest and begin to turn the tide."
Antisemitism is what he called "gateway hate." Hirschhaut emphasized if left unchecked, it can lead to other groups and sectors of society also experiencing hostility and prejudice.
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A piece of legislation is headed to Gov. Joe Lombardo's desk which would allow medical aid in dying in Nevada.
Last week, Senate Bill 239 made its way out of the state assembly on a 23-19 vote, which could give terminally ill adults the option to request a medical prescription for a peaceful death in the Silver State.
Sara Manns, Nevada campaign director for the Compassion & Choices Action Network, said she is thankful to Sen. Edgar Flores, D-Las Vegas, "for shepherding it through" what she called a "challenging legislative obstacle course."
Manns added the support for the law is "overwhelming," and according to a new poll by the group, 82% of Nevadans support medical-aid-in-dying legislation.
"Regardless of political affiliation, regardless of religion, regardless of rural, urban," Manns outlined. "This is something where once people know what it is, they would want to have it available to them. Would they all want to do it? Of course not."
Manns emphasized it has taken the Nevada End of Life Options Act eight years since its initial introduction in 2015 to get to this point. She noted her group, like many, is hopeful the governor will sign the bill. She added once the bill reaches his desk, he will have 10 days to sign it.
Lynda Brooks-Bracey, 57, a Las Vegas mother of four with terminal metastatic pancreatic cancer, said she was "excited" and feeling "anticipatory" when she found the bill had made it past the second house.
Brooks-Bracey learned she was terminally ill in February 2021. During her last months of life, she has made it her mission to be an advocate for the measure. Brooks-Bracey stressed she and her family feel hopeful Lombardo will approach the bill in a neutral manner and pay attention to what Nevadans want.
"It has taken time to get the right bill, at the right time, that's clean, in front of this new governor here in Nevada that we have elected," Brooks-Bracey recalled. "And that he is neutral, that he is considering it, that he's looking at it. I think all things have come together in an appropriate time frame that Nevadans want it. They're ready for it."
Eleven jurisdictions have authorized medical aid in dying including 10 states and the District of Columbia. Compassion & Choices said no governor has ever vetoed a medical-aid-in-dying bill in any of the six states passing laws via legislative action.
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The rise of medical cannabis dispensaries in Georgia is highlighting the need for reform and equitable access.
One of the state's first dispensaries opened in April, offering easier access to low THC medical cannabis oils for some patients.
Valeria Valdepeña, executive director of the advocacy group Peachtree NORML, stressed there are still questions about cannabis equity and accessibility in the program, among other concerns.
"Reforming laws in general will have a wide effect on a lot of different aspects of people's lives," Valdepeña pointed out. "There's overcrowding in our prison system, there's people dying there for drug charges there's people that have felony records that impacts housing, school loans and keeps them in this poverty-stricken cycle."
Currently, first-offense possession for an ounce or less of cannabis carries a maximum penalty of up to one year in prison, and more than 40,000 Georgians are arrested every year for marijuana possession.
Apart from laws reforming marijuana arrests, Valdepeña highlighted the challenge faced by rural residents in accessing necessary resources due to the locations of existing dispensaries.
"I think we are going to need more dispensaries," Valdepeña asserted. "We are going to need delivery obviously because if you live out in rural areas it's going to be hard to come into Metro Atlanta to pick up your medicine, you can't get to the dispensary if they are a far enough distance. So I think from an accessible standpoint -- from a practical standpoint -- those are things that are going to need to be addressed."
Since 2015, the number of patients in the Georgia Department of Public Health's Low-THC Oil Patient Registry has surged more than 50%, from 13,000 to more than 27,000.
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