TUESDAY, NOVEMBER 15, 2011 Governors share economic development strategies (Associated Press)

Governors and state economic development officials are sharing tips and strategies for how to attract businesses and create jobs Tennessee Gov. Bill Haslam noted at a National Governors Association meeting in Nashville on Monday that it's a "very, very competitive world" when it comes to recruiting investors, both domestically and globally. Haslam was joined at the conference by Govs. Dave Heineman of Nebraska, Haley Barbour of Mississippi and Mary Fallin of Oklahoma. The Republican governors said states can help lure businesses by reducing workers' compensation obligations, making regulations less onerous and limiting damages from civil lawsuits. Barbour said curbing lawsuit damages was key to Mississippi landing a new Toyota plant in 2007. He said the plant is scheduled to produce its first vehicle on Thursday. http://www.sunherald.com/2011/11/14/3574215/governors-share-economic-development.html#ixzz1dmCVjJ3e

Southern Governors Nashville)

Position

to

Bring

Manufacturing

Back

(WPLN-Radio

Governors in southern states say theres an upside to stagnant wages they make the region more competitive for manufacturing jobs. Members of the National Governors Association met in Nashville today to share economic development ideas. Instead of trying to stem the tide of plants moving overseas, governors are discussing how to lure companies back from Mexico and even China. The relative weakness of the dollar is one advantage to U.S. production right now. Another is the high cost of shipping across the ocean. And then theres the so-called wage gap, which is shrinking as wages in China rise. Tennessee Governor Bill Haslam says the combined factors are making companies reconsider offshore production. Our opportunity now is to go out and be aggressive on manufacturing where four or five years ago people were giving up on in this country. http://wpln.org/?p=31637

Haslam discusses business strategies with other state governors (TFP/Sher)

Tennessee Gov. Bill Haslam and colleagues from other states on Monday discussed strategies they are using to attract new businesses, help existing ones and generate jobs. "The truth is, we all face a very, very similar situation ... both the challenges and the solutions," Haslam said at the event, sponsored by the National Governors Association. He noted that states face a "very, very competitive world" when trying to recruit U.S. and foreign investors. Other Republican governors attending the conference were Dave Heineman of Nebraska, Haley Barbour of Mississippi and Mary Fallin of Oklahoma. All four said there is a need to limit worker compensation claims, cut business regulations and cap lawsuit damage awards. Heineman, who is NGA chairman, described how he modernized economic incentives and cut taxes on small businesses. http://www.timesfreepress.com/news/2011/nov/15/b3-governors-discuss-business-strategies/?local

Tort Reform Boosted Mississippi Job-Creation, Barbour Tells Governors (TNR)

When the Tennessee Legislature debated tort reform earlier this year, with a lot of discussion of how the issue had played out in Mississippi, it was difficult to pin down lawmakers on exactly how to quantify the job creation involved. But Mississippi Gov. Haley Barbour was in Nashville Monday, and if there was any doubt about whether tort reform made a difference in his state, Barbour attempted to smack down any debate about it. Toyota told us they would not consider Mississippi unless we got rid of lawsuit abuse, period, said Barbour, who participated in a National Governors Association regional summit hosted by Gov. Bill Haslam. They told us we would not be on the list. Barbour went on. The CEO of Caterpillar wrote the Speaker of the House, the president of the Senate and me a letter, he http://www.tnreport.com/2011/11/tort-reform-boostedsaid mississippi-job-creation-barbour-tells-governors-gathered-in-nashville/

State makes changes to education waiver (Associated Press/Johnson)

The Tennessee Department of Education is making some changes to a waiver that would allow the state to opt out of the No Child Left Behind law. President Barack Obama announced in September that he's giving states the option. U.S. Education Secretary Arne Duncan has warned that 82 percent of schools in the country could be labeled failures next year if the law is not changed. To get a waiver, states must agree to education reforms the White House favors from tougher evaluation systems for teachers and principals to programs helping minority students. Tennessee Education Commissioner Kevin Huffman told reporters in a conference call Monday that the state's waiver application requires more specificity and some new requirements, such as dividing schools into categories with targeted interventions or rewards for each group. For instance, schools will be recognized for their high performance and rapid growth; then there will be those singled out for low proficiency and large achievement gaps between subgroups of students defined by race, economic status, disability and English proficiency. http://content.usatoday.net/dist/custom/gci/InsidePage.aspx?cId=tennessean&sParam=37941023.story

Tennessee requests NCLB waiver (Tennessean/Hall)

School leaders aim to sidestep 'No Child' law Tennessees education leaders are taking another run at being released from No Child Left Behinds accountability system, revising an application that the U.S. Department of Education will get its first look at today. On Monday, State Education Commissioner Kevin Huffman said the original, seven-page letter asking for a waiver from NCLB has grown into a 70-page formal application with hundreds of pages of supporting documents. But the spirit remains the same: Tennessee wants its own way of measuring high- and low-performing schools and a way out from under the federal measurement. In Tennessee, NCLB imposes sanctions on schools for anything less than 20 percent year-over-year performance gains in math and reading. Those include forcing schools to spend federal grant money on private tutors all the way to a total staff replacement and state takeover. http://www.tennessean.com/article/20111115/NEWS04/311150037/Tennessee-requests-NCLB-waiver? odyssey=tab|topnews|text|News

State of Tennessee seeks waiver on No Child Left Behind (Times FreePress/Hardy)

Tennessee's education chief has asked the federal government for reprieve from its No Child Left Behind law in favor of a more flexible state accountability system that focuses on overall school growth. Instead of the strict achievement targets in the federal law, Education Commissioner Kevin Huffman wants a system with "ambitious but achievable" goals that primarily targets the students who are farthest behind in learning. If approved by the U.S. Department of Education, Tennessee's new accountability model would give more control to local school districts while easing the involvement of the state. "As in all of our work, we believe that most of the work that needs to be done needs to be driven by local districts," Huffman said Monday during a conference call. Hamilton County Schools Superintendent Rick Smith said he's supportive of the state's move to obtain a waiver from the law. Though he didn't know all of the application's details on Monday, Smith said the nearly 10-year-old law is due for revamping. http://www.timesfreepress.com/news/2011/nov/15/tennessee-seeks-waiver-on-no-child-left-behind/?local

State outlines own plan in NCLB waiver application (Knox. News-Sentinel/McCoy)

Tennessee is asking to use its own accountability system as part of an official waiver application submitted Monday to the U.S. Department of Education for relief from performance standards set in the federal No Child Left Behind Act. The law, signed in 2001, requires that states have until 2014 to achieve 100 percent proficiency in all tested subjects based on state-administered tests plus a 90 percent graduation rate. Kevin Huffman, State Department of Education commissioner, said while there have been some important advances since the law was implemented, today its requirements no longer make sense. "We have a number of schools and districts that are making good progress, but overly focused on these (Annual Yearly Progress) goals," he said. "It's just a distraction with what they are attempting to do good. There are so many good pieces in place right now." According to this year's Annual Yearly Progress results which measure the law about half of Tennessee's schools fell short of meeting current NCLB standards, and the state estimates that next year about 80 percent of schools won't meet the goals. http://www.knoxnews.com/news/2011/nov/15/state-outlines-own-plan-in-nclbwaiver/ 2

Tennessee requests waiver out of No Child Left Behind law (C. Appeal/Roberts)
The state of Tennessee wants to scrap complicated means of measuring school progress for a straightforward plan that lays out how much progress schools must make each year while also whittling away at the achievement gap between rich and poor students. In its request Monday for a waiver from the controversial No Child Left Behind law, the state Department of Education says it's reasonable to expect gains of 3 to 5 percent per year in the number of students proficient in math and reading. Under the current Adequate Yearly Progress measure outlined in the federal law, schools are expected to show 20 percent gains per year. The expectation is pushing hundreds of schools into the failing category. About half of the schools in the state failed to show enough progress this year, including those in both Shelby County Schools and Memphis City Schools. "Unfortunately, the rising rates of proficiency required to achieve AYP make no sense," state Education Commissioner Kevin Huffman said Monday. http://www.commercialappeal.com/news/2011/nov/15/state-requests-nclb-waiver/

TN goes for NCLB waiver officially (Daily News Journal)

New plan to be district specific The state Department of Education submitted an application to the federal government at midnight Monday seeking a waiver under the Education and Secondary Education Act, commonly known as No Child Left Behind. During a conference call with the media Monday, state Education Commissioner Kevin Huffman said NCLB's current expectations are demoralizing when compared to the plans Tennessee educators signed off on when it sought funding under the federal Race to the Top process. Huffman said while NCLB had many important components, its rising proficiency rates of 20 percent per year "no longer make sense." "By raising our cut scores on TCAP, it made it more difficult to meet the achievement benchmarks. Last year, 50 percent of our schools were labeled as failing. With the current measurements in place, that number will grow to 80 percent this year," Huffman said. "Having a system that deems so many schools to be failing ceases to have any meaningful distinction. It's a national issue. "I wouldn't consider it lowering the standards. People aren't against growing performance, but they want it measured at an appropriate rate," he continued. http://www.dnj.com/article/20111115/NEW S07/111150317/TN-goes-NCLB-waiver-officially?odyssey=tab| topnews|text|FRONTPAGE

Haslam: Moccasin Bend Mental Health Institute to stay open (TFP/Sher)

Gov. Bill Haslam said Monday the state has no immediate plans to shut down Moccasin Bend Mental Health Institute in Chattanooga as part of the state's new "patient care transformation" initiative. "There's nothing anticipated at all at this point in time," Haslam said. "I can't say that 10 years from now that won't happen. We have no plans right now regarding Moccasin Bend." Haslam is expected to hear from mental health officials today during budget hearings. On Friday, Mental Health Commissioner Doug Varney announced proposed changes in the state's Mental Health Department, including the June 30 closure of the 160-bed Lakeshore Mental Health Institute in Knoxville. He said shutting down Lakeshore and relying on private contractors is part of a decades-old trend of relying more on community-based providers in an era where improved medications make it possible to stabilize the mentally ill more easily. Studies show community-based services have better outcomes, Varney said. http://www.timesfreepress.com/news/2011/nov/15/haslam-moccasin-bend-to-stay-open/?local

If Lakeshore closes, would city of Knoxville get land, buildings? (NS/Balloch)

Knoxville officials Monday said they do not know for sure if or when the city can expect to acquire more of the Lakeshore Mental Health Institute property if the facility is allowed to close next June. When the Tennessee Department of Mental Health announced last week its intentions to close Lakeshore, the official press release contained only a vague reference to the future of the property. The department "will work with the city of Knoxville on a plan for the future of the property and facilities," the official statement said. But agreements in place suggest that abandoned state tracts or buildings would be given to the city. A few state agencies have offices on the property. But there are also 11 vacant buildings that will be going to the city, said state Department of Mental Health spokesman Grant Lawrence. Earlier this year, about 35 acres were deeded to the city as part of a 1999 agreement. But city officials say they do not expect any more property will be coming their way any time soon. "The city does not anticipate getting any more property right away as a result of this closure," city spokesman Randy Kenner said. http://www.knoxnews.com/news/2011/nov/14/if-lakeshore-closes-wouldcity-of-knoxville-get/ 3

Governor Questions Frequency of Unemployment Abuse (WPLN-Radio Nashville)

The Speaker of the state Senate has been calling for unemployment recipients to show theyre actually looking for work. The governor sees the same abuse of the system, though hes not sure it calls for massive changes. Speaker Ron Ramsey says some people without jobs are making the $275 a week a lifestyle instead of a shortterm solution. Responding to Ramseys calls for upping the scrutiny on unemployed, Governor Bill Haslam says there is some abuse. Ive heard employer after employer say, you wont believe how many people will come in and say I just came now because Im near the end of my benefits. Now is that five percent of the unemployed people, 50 percent? I dont know. But are there some? Sure. Haslam says hes not sure if there are enough to justify a change in the states unemployment system. http://wpln.org/?p=31628

Stricter Requirements Needed for Unemployment Aid Recipients: Ramsey (TNR)

Lt. Gov. Ron Ramsey wants more unemployed Tennesseans whore taking government benefits to start proving theyre out looking to get hired and not refusing to go to work once theyre offered a job. Right now, its too easy just to click a mouse and say youre just looking for a job, he told reporters last week. I would like to have something more concrete that people have to actually be looking for a job if theyre on unemployment right now. Only about 10 percent of Tennessees roughly 120,000 people on unemployment currently have to provide any documentation that theyre applying for jobs, according to the state Department of Labor and Workforce Development. Existing rules require benefit recipients to fill out forms only after theyve been on the departments rolls for a year-and-a-half. After that, they must submit forms weekly listing at least two employers theyve contacted about jobs. There are about 12,000 Tennesseans whove presently crossed that 79-week point. However, the state only audits 20 claimants a month to ensure they actually tried to find work, according to the department. http://www.tnreport.com/2011/11/stricter-work-search-requirements-needed-for-unemployment-aidrecipients-ramsey/

Tullahoma receives $400,000 state sewer rehab grant (Tullahoma News & Guardian)
Friday may have been Veterans Day on a very special 11-11-11 date, but it also signified a memorable time for Tullahoma Utilities Board when it received word it will be getting a $400,000 community development block grant. Brian Skelton, TUB general manager, summed up what getting the money, which will be used to rehabilitate part of an aging sewer system, means to the utility. "Its exciting news," he said. "Its exciting that the state is supporting our efforts and improving our aging sewer infrastructure." Skelton said TUB received a similar grant it applied for three years ago, which allowed the utility to perform major sewer rehabilitation work. He added that the new grant money will be used to expand on that effort. The announcement came from Gov. Bill Haslam and Economic and Community Development Commissioner Bill Hagerty who said the state recently approved more than $23 million in Community Development Block Grants to assist with infrastructure improvements throughout the state. Haslam provided his assessment. "As we work to make Tennessee the No. 1 location in the Southeast for high quality jobs, the proper infrastructure must support existing and future businesses," he said. http://www.tullahomanews.com/news/view_article.asp?idcategory=9&idarticle=10931

Tennessee hospitals reduce bloodstream infections (Tennessean/Wilemon)

Tennessee hospital patients no longer have higher-than-average odds of catching a bloodstream infection in the intensive care unit. State hospitals now score22 percent above the national benchmark, according to the latest report on health care-associated infection from the Tennessee Department of Health. It is really remarkable progress in a relatively short period of time, said Dr. Marion Kainer, director of prevention programs for the state Health Department. The latest report, released today, shows even more progress in neonatal intensive care units. Tennessee hospitals went beyond beating that benchmark and achieved a five-year prevention target set by the U.S. Department of Health and Human Services in only three years. The state first publicly posted bloodstream infection data for 2008. Todays report covers central line-associated bloodstream infections, or CLABSIs instances where bacteria infiltrated catheters inserted close to patients hearts that occurred in 2010. Up to one in four patients who get sick from the bacteria die. In most instances, the bug was a staph infection. However, MRSA methicillin-resistant Staphylococcus aureus accounted for almost 13 percent of Tennessees cases. Methicillin is an antiobiotic in the penicillin class. http://www.tennessean.com/article/20111115/NEWS07/311150015/Tennessee-hospitals-reduce-bloodstreaminfections?odyssey=tab|topnews|text|News

Board of Regents to name TSU president next fall (City Paper/Greenberg)

The Tennessee Board of Regents plans to name a new Tennessee State University president sometime next fall. We dont have a definitive timeline, just next fall, said TBR Communications Director Monica GreppinWatts. The TBR will wrap up the ongoing search for a president at East Tennessee State University in the next few months, then shift focus to TSU in the spring. TSU interim president Dr. Portia Shields contract goes through June 30, 2012, but can be extended as needed. Were keeping it flexible, so even if we have a president named, it depends on when that president can start work, Greppin-Watts said. As part of Shields contract, she will not be considered a candidate for the presidency. TSU has been dealing with financial struggles and sluggish graduation rates among other issues. http://nashvillecitypaper.com/content/city-news/board-regents-name-tsupresident-next-fall

Law Enforcement Playing Whac-a-Mole with Synthetic Drugs (WPLN-Radio Nash.)

Law enforcement officers around the state are finding out just how difficult it may be to fight a war on so-called synthetic drugs. Theyre sold in convenience stores under labels like bath salts and plant food. While the legislature outlawed a list of substances earlier this year, new versions continue to crop up. Its like a game of Whac-a-Mole, says Trey King, an investigator with the Tennessee Attorney General. Hes been meeting with police departments around the state to explain what they should be looking for. King says the law is still catching up with the drug makers, who are in places like China and India. Its not proactive. Youre more reactive. Say Oxycotin. Every time you would find a synthetic version of Oxycotin, youd always have to go back and add that as a new version or a new offense. King says he expects the legislature will have to expand its list of known synthetic drugs when the General Assembly reconvenes next year. Some of the synthetics are even more dangerous than the real thing, says King. http://wpln.org/?p=31451

Under-21s may face liquor store ban (Associated Press)

A new liquor store ordinance in Memphis could serve as a model for state statute. State Rep. Jimmy Eldridge, a Jackson Republican, said he is drafting a bill to present to the General Assembly in January. The proposal will be similar to an ordinance enacted by the Memphis City Council and one that passed first reading unanimously by the Jackson City Council. The measures ban anyone under 21 from entering liquor stores without a parent, legal guardian or spouse. Jackson liquor store owner Bob Lindsey told The Commercial Appeal the owners of all 12 liquor stores in the city support the Jackson measure. Lindsey said store owners see teenagers in liquor stores, pointing out to older friends what to buy for them. http://www.tennessean.com/article/20111115/NEWS03/311150042/Under-21s-may-face-liquor-store-ban? odyssey=tab|topnews|text|News

Murfeesboro couple testify in D.C. about voter ID experience (Tennessean/Bewley)

Lee and Phyllis Campbell never thought a trip to the Murfreesboro drivers license testing center would take them all the way to Washington. But thats what happened Monday, when the couple testified before a panel of House Democrats on their experience with Tennessees new voter identification law. A staffer on the House Judiciary Committee invited the Campbells to testify at the forum on new state voter laws after hearing about the ordeal Phyllis Campbell experienced while trying to get a photo ID at the Murfreesboro testing center in September. Lee Campbell, a retired guidance counselor at Smyrna High School, did most of the talking. W ell, it was a first-time experience, he said afterward. It was daunting, but I guess it turned out OK. Tennessee is one of six states that passed laws this year requiring a government-issued photo ID to vote. Fourteen states now have such laws, according to the National Conference of State Legislatures. Theres no charge for the IDs in Tennessee. www.tennessean.com/article/20111115/NEWS0201/311150023/Murfeesboro-couple-testify-D-C-about-voter-IDexperience?odyssey=tab|topnews|text|News

Retired Smyrna Couple Tells House Members of Voter-ID Hassle (W PLN-Radio)

A retired couple from Smyrna went to Congress today to complain about the hassle of getting a state-required ID to vote. Democrats on the House Judiciary Committee were holding an unofficial forum to gather complaints on new voter ID laws in many states, including Tennessee. Lee Campbell told the unofficial forum he and his wife Phyllis went to a drivers testing station in Murfreesboro. He said a worker sighed when he asked for a free ID, telling him it requires quote too much paperwork. Campbell said they ended up waiting about an hour. I want 5

to say at this point that the 58-minute wait didnt bother us, but we could readily understand that for an elderly or handicapped person the long wait in line could be daunting. Thousands of seniors in Tennessee have drivers licenses without their photo. Campbell says workers repeatedly tried to steer him to pay $8 for a license with photo instead of the free ID. W hile they easily could have afforded that charge, Campbell felt that amounted to a poll tax. http://wpln.org/?p=31641

Todd replaced on committee by Ramsey (Associated Press)

Tennessee Rep. Bob Ramsey has been named the new chairman of the House State and Local Government Committee. House Speaker Beth Harwell appointed the Maryville Republican on Monday. Ramsey replaces Republican Rep. Curry Todd of Collierville, who stepped down from the position after being charged with drunken driving and carrying a loaded handgun while intoxicated last month. Issues handled by the committee include taxing and raising revenue, and election laws. http://content.usatoday.net/dist/custom/gci/InsidePage.aspx?cId=tennessean&sParam=37941307.story

Maryville rep replaces Curry Todd as chairman (Tennessean/Sisk)

State Rep. Bob Ramsey, R-Maryville, has been named chairman of the House State & Local Government Committee. The move puts Ramsey, a second-term representative, at the helm of a committee that has handled a slew of controversial issues in recent years, including voter identification requirements, Metros nondiscrimination ordinance and wine in grocery stores. Bob Ramsey will do an excellent job as chairman of the State and Local Government Committee, House Speaker Beth Harwell said in a statement. His past experience as chairman of the Blount County Commission will benefit the committee tremendously, and I look forward to working closely with him next year. Ramsey replaces Collierville Republican Rep. Curry Todd, who resigned the chairmanship after being stopped on drunken driving charges last month. A loaded handgun was found in his vehicle. Todd sponsored the 2010 law that lets people with a permit to carry a handgun take their weapons into bars and restaurants that serve alcohol. http://www.tennessean.com/article/20111115/NEWS0201/311150040/Maryville-rep-replaces-Curry-Toddchairman?odyssey=tab|topnews|text|News

Lobbyist minimized (Tennessean/Gee)

gay

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The chief lobbyist for a state law that invalidated Metro protections for gay and transgendered individuals feared his moral thoughts on the measure would become public and distract from the economic argument he used to sell the bill, documents reveal. Emails written by David Fowler, president of the Family Action Council of Tennessee and a former state senator, are included in thousands of pages of correspondence lawmakers submitted as part of a court battle over the constitutionality of the state law. The pending lawsuit alleges the law was motivated by prejudice rather than the economic concerns that were publicly argued. The law dubbed the Equal Access to Intrastate Commerce Act nullified an ordinance the Metro Council passed in April requiring city contractors to pledge not to discriminate based on sexual orientation or gender identity. The ordinance extended protections already given to employees based on age, race, sex, color, national origin and disability, and it required contractors to follow a nondiscrimination policy Metro adopted for its own employees in 2009. Supporters of the state law said it was a pro-business measure aimed at ensuring that companies would not be confronted with conflicting policies from city to city across the state. http://www.tennessean.com/article/20111115/NEWS0201/311120085/Lobbyist-minimized-gay-issue-fightoverturn-anti-bias-policy?odyssey=mod|newswell|text|News|s

Pre-K favored, vouchers opposed in Tennessee poll (Tennessean/Sisk)

Tennesseans favor more spending for early childhood education, oppose tuition vouchers and think teachers deserve more money but are uncomfortable giving them bonuses, a Vanderbilt University poll has found. More than three out of every five Tennesseans believe the state should spend more money on pre-kindergarten programs, and a similar majority says the state should not offer vouchers for families to send their children to private schools. Smaller majorities say teachers should not be paid more to work in schools with large numbers of poor students or receive extra pay if students excel on standardized tests. The results come as state lawmakers gear up for a legislative session that is likely to include a feisty debate over school vouchers, as well as a third round of education reforms. Tennesseans ranked education behind only jobs as their top priority for 6

state. There are a lot of shared goals, said Josh Clinton, a Vanderbilt professor of political science and a codirector of the poll. More than three-quarters of Democrats told pollsters that they favor more spending on pre-K programs, as did 55 percent of independents. Nearly half of Republicans also said they favor more spending on voluntary pre-K. http://www.tennessean.com/article/20111115/NEWS04/311150026/Pre-K-favored-vouchers-opposedTennessee-poll?odyssey=tab|topnews|text|News

Occupy charges ordered dismissed, records expunged (Associated Press)

A Nashville judge on Monday dismissed trespassing and other citations against 55 Occupy Nashville protesters and ordered their records expunged. "W e won again," protester Dorsey Malina said after a brief hearing. The ruling was the latest in a series of defeats for Gov. Bill Haslam's attempt to dislodge the group with a curfew on the grounds around the state Capitol. Afterward, Haslam signaled in an interview with The Associated Press that the fight to remove the protesters, or at least curtail their activities, was not over. He said new rules for the space are in the works, and his administration is developing them in cooperation with constitutional lawyers and people who use the space. Protesters had been camping at the Legislative Plaza for about three weeks when the curfew was announced Oct. 27. The arrests began in the early morning of Oct. 28 and came again on Oct. 29. But the protesters were never jailed because a Nashville magistrate refused to sign the warrants, saying he did not believe the administration had the authority to order the curfew. Two days later, the protesters saw another victory when they went to federal court seeking a temporary restraining order. http://content.usatoday.net/dist/custom/gci/InsidePage.aspx?cId=tennessean&sParam=37935685.story

All charges against Occupy Nashville protesters dropped (City Paper/Hale)

All charges resulting from the recent arrests of Occupy Nashville protesters have been dropped and will be expunged. Assistant district attorney Rosemary Sexton, in a brief statement before the court, asserted that the protesters were given adequate notification of the curfew and knew they would be arrested if they ignored it, but said justice was best served by dropping the charges. "With all that has transpired since that time, it is in the interest of justice to dismiss these charges," she said. The dropped charges include those leveled against two working journalists, Nashville Scene reporter Jonathan Meador and MTSU student-journalist Malina Shannon. Gov. Bill Haslams office on Friday announced that the state would request that the charges be dropped. In a press conference outside the courtroom Monday morning, representatives from Occupy Nashville, including several who had been arrested, declared victory. W e won again, Dorsey Malina said. While we are sure that Gov. Haslam would like some thanks too, since he suggested that our charges be dropped, he will get no thanks from us. http://nashvillecitypaper.com/content/city-news/all-charges-against-occupy-nashville-protesters-dropped

With legal win, Occupy Nashville prepares for winter camp (Tennessean/Cass)
Judge agrees to drop all charges in trespassing case After learning they were free and clear from criminal charges, Occupy Nashville protesters said Monday that theyre not going anywhere anytime soon. Whose plaza? Our plaza! a small group chanted after a Davidson County judge agreed to drop all charges against the protesters. And its going to stay ours, group member Scott Akers quickly added. More than two weeks after about 50 Occupy Nashville members were arrested and charged with trespassing at War Memorial Plaza, Davidson County General Sessions Judge Dianne Turner agreed to drop the charges and said their records would be expunged. Rosemary Sexton, the senior assistant district attorney who represented the state in court, said dismissing and withdrawing the charges was in the interest of justice. Gov. Bill Haslams office said last week that he would recommend dropping the matter. The first-term Republican had approved plans to arrest protesters Oct. 28 and 29 to enforce a curfew policy the state had introduced three weeks into the protests. Protest leaders said in a statement they read to reporters that Haslam will get no thanks from us. W e are glad that our governor has finally recognized that Legislative Plaza is a place for all Tennesseans to gather to express their views without fear of reprisal from the government, the statement read, using a common but technically incorrect name for the space near the Capitol where theyve camped out since Oct. 7. We are saddened that it took the governor this long. http://www.tennessean.com/article/20111115/NEWS02/311140051/With-legal-win-Occupy-Nashville-prepareswinter-camp?odyssey=tab|topnews|text|News

Charges dropped against protesters in Nashville (Commercial Appeal/Locker)

Criminal trespass charges against 50 Occupy Nashville protesters who were arrested Oct. 28-29 -- including three Memphians -- were dismissed in court here Monday at the request of the Davidson County District Attorney 7

General's Office. The Memphis residents who were arrested on the first of two nights of raids on the War Memorial Plaza, across the street from the State Capitol, were Elizabeth L. Drake, 22, Alexandra Pusateri, 20, and Robert J. Stowater, 27. Charges against them and four dozen other protesters were dismissed by Davidson County General Sessions Court Judge Dianne Turner. Gov. Bill Haslam's administration said Thursday that it would ask prosecutors to dismiss the charges as a result of a temporary restraining order issued in federal court here Oct. 31 that temporarily blocked the state from enforcing new regulations on the use of the public plaza and a 10 p.m. curfew that were the basis for the late-night raids by state troopers. Asst. Dist. Atty. Rosemary Sexton asked the judge to dismiss the charges "in the interest of justice" given "all that has transpired" since the arrests. Turner agreed. http://www.commercialappeal.com/news/2011/nov/15/charges-dropped-against-protesters-innashville/

Occupiers Claim Court Victory, But State Has Other Options (WPLN-Radio Nash.)
Today a judge agreed to drop all charges against Occupy Nashville protesters arrested last month. A lawyer for occupiers says for now they can keep protesting and camping on the War Memorial Plaza but thats not the final word. Occupiers claimed the dropped charges as a victory, saying now they can focus on protesting and preparing to stay through winter. Attorney David Briley says for the time being no one will be arrested for occupying the plaza. But he says the state could eventually set new rules for the area. Thats going to take some time. Theyre going to have to go through the Administrative Procedures Act process to do that. And after that well just have to see what sort of reasonable limitations there are on the use of the plaza. Occupiers say public support helped get them through last months wave of arrests, and will be vital if police try to kick them out again. In the meantime, theyre looking at a different problem how to keep building popular support, after the headlines fade. http://wpln.org/?p=31630

Cleveland, Tenn., seeks study of city's chronic flood problems (TFP/Higgins)

The City Council moved Monday to address the city's chronic flood problems. The city is sending a letter of intent to undertake a flood control study to the U.S. Army Corps of Engineers. Officials will take $200,000 from the city's reserve fund to help pay for it. The damage from flooding on Labor Day and a few days later was the dominate discussion during the council's all-day fall planning session. "I know this is a huge no-no," Councilman Bill Estes said as he announced he would seek approval for setting aside the $200,000, "but Labor Day crossed the boundary. I think this is almost an emergency situation." Other council members agreed, as did flood victims who attended the regular afternoon council sessions. "It is an emergency," Sycamore Drive resident Veva Rose said. During the flooding, Cleveland High School had water in the science wing. At Cleveland Middle School and George R. Stuart Elementary School, water flowed into the auditoriums and the gyms, while Arnold Memorial Elementary School had water in the cafeteria. Rose and others have told the city for weeks that floods are getting deeper and more dangerous. Some said they have sewer backups through commodes and showers, and all spoke of paying for repairs. http://www.timesfreepress.com/news/2011/nov/15/cleveland-seeking-study-offlooding/?local

Supreme Court will hear health-care case this term (AP/Holland, Sherman)
The Supreme Court said Monday it will hear arguments next March over President Barack Obamas health-care overhaul a case that could shake the political landscape as voters are deciding if Obama deserves another term. This decision to hear arguments in the spring sets up an election-year showdown over the White Houses main domestic policy achievement. And it allows plenty of time for a decision in late June, just over four months before Election Day. The justices announced they will hear arguments on the constitutionality of a provision at the heart of the law and three other related questions about the act. The central provision in question is the requirement that individuals buy health insurance starting in 2014 or pay a penalty. The 2010 health-care overhaul law aims to extend insurance coverage to more than 30 million Americans, through an expansion of Medicaid, the requirement that individuals buy health insurance starting in 2014 or pay a penalty and other measures. The courts ruling could decide the laws fate, but the justices left themselves an opening to defer a decision if they choose, by requesting arguments on one lower courts ruling that a decision must wait until 2015, when one of the laws many deferred provisions takes effect. http://www.tennessean.com/article/20111115/NEWS08/311150024/Supreme-Court-will-hear-health-care-caseterm?odyssey=tab|topnews|text|News

U.S. Supreme Court to hear health-reform case (Memphis Business Journal)

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In a long-awaited announcement, the U.S. Supreme Court said Monday it will take up a challenge to the federal health care reform law. Challenges to the sweeping health measure touted by President Barack Obama as a key achievement of his administration were brought by attorneys general in 26 states and by the National Federation of Independent Business . Tennessee Attorney General Bob Cooper was not among those to file suit. NFIB has argued that the law's individual mandate requiring Americans to obtain health insurance is unconstitutional. Proponents of the law say Congress has the authority to impose such a requirement under the Constitution's clause granting it power to regulate interstate commerce. BlueCross Blueshield of Tennesseee Health Institute released a new white paper this year projecting that the health care reform act, among other outcomes, would favor economically disadvantaged citizens or those with significant conditions that will gain greater access to care. Those already with health insurance, meanwhile, will likely experience longer wait times and providers should expect a drop in income, according to the white paper. http://www.bizjournals.com/memphis/news/2011/11/14/us-supreme-court-to-hear.html

Supreme Test for Health Law (Wall Street Journal)

High Court Agrees to Landmark Review of Federal Powers; Ruling Due Amid Election The Supreme Court agreed Monday to review President Barack Obama's health-care overhaul, in a landmark case that could define not only Mr. Obama's presidency but the scope of federal power well into the 21st century. The case is likely to be heard in March, and reflecting its significance, the court ordered an extraordinary 5 hours of argument, compared with the 60 minutes typically allotted. A ruling is expected by June 30, in the midst of an election campaign where perceptions of the Patient Protection and Affordable Care Act, Mr. Obama's signature legislative achievement, could be pivotal The justices ordered arguments on several contested provisions of the health law, but the flashpoint is its requirement that most Americans carry health insurance or pay a penalty along with their income taxes. The individual mandate has emerged as the new crucible of states' rights, with the principal case pitting 26 Republican state attorneys general and governors against the administration. Both sides previewed their 2012 campaign arguments over the law Monday. http://online.wsj.com/article/SB10001424052970204190504577037932371519676.html?mod=ITP_pageone_0 (SUBSCRIPTION)

TVA Could Replace $30B Debt Limit With Coverage Ratio (WPLN-Radio Nashville)
The Tennessee Valley Authority wants to borrow money while interest rates are low to pay for expansions its planning. Officials say they could pass the savings on with lower electric bills. But TVAs borrowing options are constrained because the power provider is close to its debt limit. Right now TVA has about $23 billion in debt. Plans to add more nuclear power in the next few years could push that close to its limit of $30 billion. Officials are talking about replacing that hard ceiling with one that moves based on revenue. So when TVA does well, it could borrow more money. Chief Financial Officer John Thomas says thats appealing, given current low interest rates. Now the bonds that we issue are typically long-dated bonds anywhere from 10- to 30-year. Last year we even did a 50-year bond. Once those interest rates are set, theyre locked in So were essentially hedging or locking in those lower rates for a long period of time. And low rates matter when youre paying nearly $5 billion to finish building a nuclear power plant, like TVA at its Bellefonte site. http://wpln.org/?p=31138

Nashville area cities named most business-friendly (Tennessean/Anderson)

Eight out of 10 of Tennessees most business-friendly cities are in the Nashville region, according to a ranking released by the Beacon Center of Tennessee. But the No 1. spot went to Farragut, Tenn., a suburb of Knoxville. Nashville ranked 16, and Memphis received the lowest possible ranking. Mt. Juliet fell from first in 2010 to fourth this year, primarily because it increased its property tax from zero to 20 cents, according to the report. The property tax rate was raised to increase fire protection. The Beacon Center of Tennessee is a nonprofit, nonpartisan research group that advances free markets, individual liberty and limited government. It ranks cities on business tax burden, residential and job growth, and community allure, which includes cost of living, crime and education. http://www.tennessean.com/article/20111115/W ILSON01/311140053/Nashville-area-cities-named-mostbusiness-friendly?odyssey=mod|newswell|text|News|p

Chattanooga's Erlanger Hospital targets electronic records funding (TFP/Jagoda)

Erlanger hospital is aiming to get millions in federal money from a program that encourages use of electronic health record technology. As part of the American Recovery and Reinvestment Act, the federal government is giving financial incentives to hospitals and medical professionals to use electronic medical records. Erlanger Chief Information Officer Laurene Vamprine said this technology makes it easier for doctors to access and share 9

information across venues in a standardized way. Erlanger is hoping to receive funds through both Medicare and Medicaid. The hospital is applying for stimulus money from Medicaid. The hospital is expected to receive about $2.1 million over three-to-six years, Vamprine said. Erlanger also aims to apply to Medicare's three-stage program by Sept. 30, 2012, Vamprine said. If Erlanger is approved for all three stages of Medicare money by 2013, the hospital can receive $5.5 million over four years, Vamprine said at Monday's Budget and Finance Committee meeting. The money would go to the general fund to be dispersed as needed, Vamprine said after the meeting. http://www.timesfreepress.com/news/2011/nov/15/b5-erlanger-targets-electronic-records-funding/?local

Room for research (Commercial Appeal/Sells)

Le Bonheur Children's Hospital proceeds with next major phase of expansionDave Rosenbaum opened a door at Le Bonheur Children's Hospital and stepped into a space that won't exist next year. At the end of the year, heavy machines will begin to tear down the long hallway of patient rooms where he stood. "Right here where you can see the expansion joint is where the building goes away," said Rosenbaum, Le Bonheur's vice president of building projects. Rosenbaum stood on the seam where the original hospital -- built in 1952 -- now meets construction done in the early 1990s. Much of that original hospital built will be pulled down by April to make way for the front door of Le Bonheur's new hospital. The new 12-story, $340-million hospital tower opened in June 2010 and patients moved in last December. Its front door will face south toward what will be a long, landscaped driveway that will open onto Adams. That project is expected to be complete by next summer. http://www.commercialappeal.com/news/2011/nov/15/room-for-research/

11 years for meth arrest after meth blast recovery (Associated Press)
An East Tennessee man arrested on a methamphetamine charge following his recovery from severe burns in a separate meth lab explosion has been sent to prison for 11 years. A federal judge in Chattanooga sentenced Mark Allen Buckner of Englewood to 135 months on his guilty plea to a charge of conspiracy to manufacture the addictive stimulant. A Monday statement from the U.S. attorney's office said Buckner was arrested in July 2010 with pseudoephedrine pills that are used to make meth. Two months later, McMinn County investigators were called to a suicide at Buckner's address and discovered a meth lab. http://content.usatoday.net/dist/custom/gci/InsidePage.aspx?cId=tennessean&sParam=37941771.story

Englewood, Tenn., man sentenced to 11 years in meth case (Times Free-Press)

An Englewood, Tenn., man was sentenced to 11 years in prison after being convicted Aug. 9 of conspiracy to manufacture five grams or more of methamphetamine. Mark Allen Buckner, 41, was pulled over in July 2010, and a search of his vehicle revealed a small amount of marijuana and a box of pseudoephedrine from Walgreens. He admitted that the pills were for people cooking methamphetamine at his residence. On Sept 3., 2010, McMinn County Sheriff's deputies found a meth lab on his property, and Buckner admitted he cooked meth almost every day since April 2010. http://www.timesfreepress.com/news/2011/nov/15/b3-man-sentenced-in-meth-case/?local

Second arrest in investigation of 24th Judicial District Drug Task Force (J. Sun)
The Tennessee Bureau of Investigation has arrested a former employee of the 24th Judicial District Drug Task Force after the Henry County grand jury handed down indictments against her last week as a result of a TBI investigation. Leona Simoneau Longworth, 41, of McKenzie, was indicted on one count of theft and one count of knowingly giving a false statement to an auditor, according to a news release this morning. She was the Drug Task Forces administrative assistant at the time of the theft. She was processed at the Henry County Jail on the charges Thursday. The TBI began investigating allegations against the 24th Judicial District Drug Task Force at the request of the district attorney general after the state comptrollers office discovered missing funds during an audit. The former Drug Task Force director, Steve Lee, was arrested last week on related charges. The case is being handled by a special prosecutor. Longworth posted a $10,000 bond and was released from the Henry County Jail. http://www.jacksonsun.com/article/20111114/NEWS01/111114016/Second-arrest-investigation-24th-JudicialDistrict-Drug-Task-Force

New York: 'Occupy' protesters ousted from Zuccotti Park (Associated Press)
Hundreds of police officers in riot gear raided Zuccotti Park early Tuesday, evicting dozens of Occupy Wall Street 10

protesters from what has become the epicenter of the worldwide movement protesting corporate greed and economic inequality. About 70 people were arrested, including some who chained themselves together, while officers cleared the park so that sanitation crews could clean it. Protesters at the two-month-old encampment were told they come back after the cleaning, but under new tougher rules, including no tents, sleeping bags or tarps, which would effectively put an end to the encampment if enforced. Mayor Michael Bloomberg said in a statement Tuesday that the evacuation was conducted in the middle of the night "to reduce the risk of confrontation in the park, and to minimize disruption to the surrounding neighborhood." He said after the cleaning, protesters would be allowed to return but "must follow all park rules." "The law that created Zuccotti Park required that it be open for the public to enjoy for passive recreation 24 hours a day," Bloomberg said. "Ever since the occupation began, that law has not been complied with, as the park has been taken over by protesters, making it unavailable to anyone else." http://www.usatoday.com/news/nation/story/2011-11-15/Occupy-Wall-Street-New-York/51208716/1

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OPINION Kevin Huffman: Waiver will be key to schools' progress (Commercial Appeal)
Tennessee officially asked the U.S. Education Department on Monday for a waiver from many of the rules associated with No Child Left Behind. This waiver would further Gov. Bill Haslam's goals of reducing bureaucracy, increasing local control and concentrating our resources in the schools with the greatest needs. While No Child Left Behind had many important positive effects for the country, its ever-rising goals and mandates are now a hindrance to real reform in the state. W e cannot set goals that educators (and researchers) know are unreachable and then call them failures when they fall short. Tennessee's waiver application proposes an accountability system that would measure districts and schools based on their ability to grow student achievement from their current baselines. Additionally, districts would be measured partially on their ability to gradually close achievement gaps between different groups of students, providing additional focus on the need to grow student achievement particularly for minority students, economically disadvantaged students and students with disabilities. The federal waiver rules also call on states to identify the highest performing schools in the state (Reward Schools), the lowest performing schools in the state (Priority Schools) and the schools with the largest achievement gaps between groups of children (Focus Schools) http://www.commercialappeal.com/news/2011/nov/15/guest-column-waiver-will-be-key-to-schools/

Editorial: Waiver would boost school reform (Tennessean)

Leaving 'No Child Left Behind' allows targeted efforts On Monday, the state Department of Education submitted a new request to U.S. Education Secretary Arne Duncan for a waiver from federal No Child Left Behind rules. 11

We have asked for relief from federal regulations that no longer meet the states needs so that we can focus our energy and resources on the reforms we believe are most likely to improve educational outcomes for children. No Child Left Behind served a number of important goals over the past decade, providing transparency of results and a focus on students with the greatest academic needs. At the same time, No Child Left Behind built a passfail framework for schools that increasingly relied on unattainable standards. The law asked schools to raise proficiency levels by 20 percent a year over the next three years a rate of improvement never seen in any district or state, and one that guarantees that the vast majority of Tennessee (and national) public schools will be deemed failing. This is unfair to educators and sends an inaccurate signal to the public. Its time to move past the NCLB rules and focus on standards that make sense and reflect meaningful, annual improvements that schools are capable of making. http://www.tennessean.com/article/20111115/OPINION03/311150050/Waiver-wouldboost-school-reform?odyssey=mod|newswell|text|News|p

Guest columnist: Teachers need to guide reform efforts (Tennessean)

The need to improve public education in Tennessee is something that we can all agree on and, as a 19-year educator in Nashvilles public schools, I am encouraged that the momentum has never been so high. Disheartening, however, is that the most significant change element in the education system the classroom teacher seems to be left out of the conversation. Indeed, years of intransigence by teachers union leaders have contributed to the current situation, but the solution is not to exclude educators now. In fact, doing so is both patronizing and demeaning, and it most certainly will not bring better results from our states classrooms. Clearly, all Tennesseans have much at stake in our system of public education. Business leaders, public servants, employers and employees throughout the state want an educated workforce and an attractive economic landscape. However, the Steering Committee of Nashvilles Agenda, who recently weighed in on Tennessees teacher evaluation system, omits the educators perspective. A review of its membership shows that few of these committee members have significant experience in the field of public education or even have children in public schools. http://www.tennessean.com/article/20111115/OPINION03/311150048/Teachersneed-guide-reform-efforts?odyssey=mod|newswell|text|Opinion|p

Editorial: After a long fight, states are winning online sales tax battle (E. Star)
Bit by bit, states are winning the battle to collect sales taxes for purchases made by computer. W hat once seemed a solid wall of opposition that gave online sellers a huge advantage and caused states to lose many millions in lost revenue is being dismantled brick by brick. The latest turn is that Tennessees senior U.S. Senator, Lamar Alexander, has introduced a bill in Congress, coauthored by Republican and Democratic senators, to let states collect sales taxes. If enacted, the bill would negate a Supreme Court ruling that allows a state to collect taxes only when a seller has a physical location within the state. Its a state rights issue, Alexander said. It gives the State of Tennessee the right to decide how to collect or not to collect its own sales tax. It ends the subsidy for some businesses over others, it ends the subsidy for some taxpayers over others, it closes a loophole thats been growing for 20 years, and it permits the state to collect that avoided revenue. Its no small matter. This year, University of Tennessee economists have estimated, the Volunteer State is losing $365 million in missed sales taxes. The estimate for 2012 is $410 million. http://www.starhq.com/2011/11/14/after-a-long-fight-states-are-winning-online-sales-tax-battle/

Ned Hunter: State tax collections up for October (Jackson Sun)

State tax collections for the month of October were $791.5 million, 8 percent more than collected in October 2010. All tax revenues collected last month exceeded budget estimates by $36.4 million, according to a Tennessee Department of Finance and Administration e-mail. Statewide consumers apparently began to open their wallets more in October as sales tax collections for the month were $15.9 million more than the estimated. The October growth rate was 6.17 percent. Year-to-date collections for first three months of the 2011-12 fiscal year were $59.9 million more than budgeted, the e-mail states. The general fund was overcollected by $56.8 million. The Tennessee Business Retention and Expansion course is this Wednesday and Thursday. The course runs from 1 p.m. to 5 p.m. Wednesday and 9 a.m. to 5 p.m. Thursday at the West Tennessee Research and Education Center on Airways Boulevard. The fee is $250. It is being taught by Andre Temple, the economic development specials for UT Center Industrial Services. The course is designed to teach people how to develop and implement business growth plans. Lexington-based FirstBank is buying the wholesale mortgage unit of StellarOne Corporation. StellarOne will become a part of FirstBank Mortgage Partners, the bank's mortgage division, according to a news release from the bank. The purchase is expected to be completed by year's end. http://www.jacksonsun.com/article/20111115/COLUMNISTS19/111150318/Hunter-State-tax-collections-upOctober 12

Times Editorial: Public concerns vs. secrecy when it comes to Occupy Chatt. (TFP)
Occupy Chattanooga protesters, like those in similar groups in many cities across the country, clearly do not espouse identical political grievances. But their concerns all share a common theme of social injustice under a political system that in many ways favors big corporations and an ultra-wealthy elite over the daily concerns of the nation's beleaguered middle class and poor. They share something else in common: The constitutional protection of First Amendment rights of free speech and the right to peacefully assemble to petition the government for redress of their grievances. And in Chattanooga, where no one, to our memory, has ever camped on the expansive lawn of the Hamilton County Courthouse downtown under the banner of First Amendment rights, they appear to have the right to keep their protest going on the courthouse lawn 24/7. Their right to do so stems from precisely the same legal authority that prompted a federal judge late last month to bar Gov. Haslam from ejecting Occupy Nashville protesters from the Legislative Plaza at the entry to the state Capitol on an after-the-fact permit requirement. Ironically, Hamilton County Commissioners here seem perfectly willing to violate the state's Sunshine Law to meet illegally -- without due public notice -- to discuss what to do about their constituents' lawful protest encampment on the County Courthouse lawn. They held that secret meeting Friday with County Attorney Rheubin Taylor. http://www.timesfreepress.com/news/2011/nov/15/chattanooga-public-concerns-vs-secrecy/?opiniontimes

Editorial: Occupiers must fill void with clear goals (Daily News Journal)
We congratulate all of those in the Occupy movements who exercised their First Amendment right to peacefully assemble and were heard by bank officials. But as occupation protests continue, we are straining to hear the protesters' current message. In the past few months, the grassroots Occupy movement has spread from Wall Street to Main streets across the country as people express their dismay over the polarization of wealth in our society. For their efforts, the protesters were successful in getting banks to drop a planned debit card fee. Prior to that happy announcement earlier this month, protesters with Occupy Murfreesboro peacefully marched around Public Square for a one-day protest, chanting about their frustration with the banks. In larger cities across the country, protesters continue to "occupy" the parks and sidewalks to get their message heard. In Nashville, protesters are camping out on the grounds of the state Capitol. But what is their message now? We understand protesters' growing frustration over the widening gap between the haves and the have-nots, but just what do they propose be done about it? They were successful in their protests against the banks in large part because they had a specific goal. They protested what they represented as heavy-handed and unfair debit fees on cashstrapped consumers who as taxpayers had bailed out the banks early in the recession, only to be denied loans now. The message resonated with the public, and banks backed down on the fees. http://www.dnj.com/article/20111115/OPINION01/111150312/Editorial-Occupiers-must-fill-void-clear-goals? odyssey=tab|topnews|text|FRONTPAGE

Columnists: W hatever Court Rules, Changes in Health Care Likely to Last (NYT)
For the nations health care system, there may be no going back. No matter what the Supreme Court decides about the constitutionality of the federal law adopted last year, health care in America has changed in ways that will not be easily undone. Provisions already put in place, like tougher oversight of health insurers, the expansion of coverage to one million young adults and more protections for workers with pre-existing conditions are already well cemented and popular. And a combination of the law and economic pressures has forced major institutions to wrestle with the relentless rise in health care costs. From Colorado to Maryland, hospitals are scrambling to buy hospitals. Doctors are leaving small private practices. Large insurance companies are becoming more dominant as smaller ones disappear because they cannot stay competitive. States are simplifying decades of Medicaid rules and planning new ways for poor and rich alike to buy policies more easily. But how to pay for these changes, and what will happen to the 30 million uninsured Americans the law intends to cover, will be up in the air if the mandate at the heart of the law the requirement that individuals buy health insurance or face a penalty is struck down. http://www.nytimes.com/2011/11/15/health/policy/health-care-is-changing-despite-federal-uncertainty.html? _r=1&ref=todayspaper

Editorial: Health Reform and the Supreme Court (New York Times)
The Supreme Courts decision to review the constitutionality of health care reform means it will be issuing a ruling in the middle of the 2012 presidential campaign. This can be a highly politicized court, and, for the public 13

good and its own credibility, it must resist that impulse. If the court follows its own precedents, as it should, this case should not be a close call: The reform law and a provision requiring most people to obtain health insurance or pay a penalty are clearly constitutional. The court agreed to hear appeals from a ruling by the United States Court of Appeals for the 11th Circuit, which struck down the individual mandate to buy health insurance but left other parts of the law standing. Opponents of the law contend that Congress went beyond its authority in the reform measure. But Congress, under the commerce clause, plainly has the power to regulate the national health care market. Almost everyone needs health care at some point, and if uninsured people are unable to pay steep medical bills they will get charity care that shifts the costs to others, whose insurance premiums go up to cover the cost of the free riders. There is no denying the health care market is interconnected and that individuals decisions to purchase insurance or not affects the whole system. http://www.nytimes.com/2011/11/15/opinion/health-reform-and-the-supreme-court.html?ref=todayspaper ###

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