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MASS: Last Minute Changes Erode Pennsylvania’s New PBM Bill

Pennsylvania has a new law regarding Pharmacy Benefit Managers (PBM). While a few decent reforms were achieved, the public ought to know that the changes made to the bill the day before the vote substantially weakened the original legislation.

The changes watered down much needed transparency for PBM and will allow these wealthy corporations to continue to grow wealthier at the expense of Pennsylvanians, especially those with multiple chronic medical conditions.

Pharmacy Benefit Managers (PBM) are middlemen with colossal influence over the whole pharmaceutical chain. The Big 3 PBM that control 80 percent of the prescription drug market became Fortune top 15 companies by dipping their nimble fingers in a host of revenue pockets.

PBM collect hidden ‘rebates’ (legalized kickbacks) and fees from pharmaceutical companies– an enormous conflict of interest,  given that  PBMs define the formulary, the list of drugs “covered” by insurance. The FTC has been investigating PBM  rebate practices, questioning how they drive high drug prices while operating with little transparency.

PBMs serve as payment conduits between the payers and pharmacies. In this role, they have been accused of paying independent pharmacies less than big box stores like CVS (which owns one of the three biggest PBM), thus forcing the closure of community pharmacies. Over 140 pharmacies have closed in Pennsylvania this year, many in underserved, rural areas.

 In addition, the PBM makes money by charging payers (including  Medicaid) more than they pay the pharmacy and keeping the difference. Some would call this thievery, but it is euphemistically known as ‘spread pricing.’

In Ohio alone, PBMs were caught helping themselves to over $240 million yearly.

PBMs have been able to steer patients to get their medication at PBM-owned pharmacy chains, further padding their revenues and putting independent pharmacies at risk.

When faced with scrutiny regarding their questionable business practices, the PBMs play a shell game of enhancing a previously lesser-tapped revenue stream. A decade ago, the biggest share of PBM profits was from the aforementioned rebates.

Now nearly 40 percent of their gross profits come from the specialty pharmacy business.  The big PBM own their own specialty pharmacies. Specialty drugs are medications used for complex, chronic or life-threatening problems like cancer or multiple sclerosis, usually include the most expensive medications.

What did the Pennsylvania bill do? Rep. Jessica Benham (D-Pittsburgh) and Sen. Judy Ward (R-Blair) highlighted the positives for independent pharmacies, including prohibiting  PBMs from reimbursing more to their  PBM-affiliated pharmacies and clawing back money from independent pharmacies. Excellent measures.

What about the last-minute changes? For starters, the ban on spread pricing was removed, letting legal thievery continue in Pennsylvania.

Changes also eroded PBM transparency measures. What transparency can we count on when the changes provided that PBM report on rebates and fees in the aggregate, not specifically concerning the drug, class of drug, insurer, client or PBM?

Individuals paying exorbitant amounts for a drug they need will not be able to see how ‘rebates’ and fees drove the cost. Patients covered under applicable plans will not be able to see data on how their medications may be marked up by specific PBM under specific plans.

It’s happening. At a recent congressional hearing, it was pointed out that a cancer drug had been marked up by as much as 63,000 percent. Multiple examples were given.  Without specific financial information, this transparency means little. And even less, given that changes to the law stipulate that all financial info is privileged, not subject to discovery, subpoena or right-to-know laws.

Gov. Josh Shapiro stated that the new law ‘put a stop to PBM steering.” It didn’t.  Amendments added gave exceptions for PBM’s ability to steer patients toward a specialty pharmacy.  As mentioned above, these are often the most expensive medications and where the bulk of PBM profits are made nowadays.

An additional last-minute change expands the age at which pharmacists and interns can administer injectable medications and biologics down to age 8. This can have positive ramifications for those with chronic diseases who are having trouble accessing specialized medications.

However, given the past performance of consolidated PBM to game the system toward profits, with their ability to steer patients for specialty drugs, and administer injectables to young children we must remain vigilant that our youngest and most vulnerable patients are receiving only medically necessary, quality care and that they do not become yet another inflated revenue stream at the hands of the PBMs.

Lastly, it bears mention that this law applies to only roughly 17 percent of Pennsylvanians. The law does not apply to employer-sponsored coverage that falls under the ERISA  (Employee Retirement Income Security Act ) law.  Federal legislation is needed. While, as mentioned, the new law has some wonderful benefits, especially for our state’s trusted independent pharmacies, the last-minute changes are a disappointment to those who fought for PBM transparency. Instead it allows the PBMs to use their consolidation to keep their revenues flowing at the expense of the patients.

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NELSON: A Lifeline for Pennsylvania’s Students

With momentum building across the nation and our kids growing up quickly, there’s no time to waste. As Pennsylvania’s budget discussions heat up, now is the time for lawmakers to provide hundreds of thousands of Pennsylvania students trapped in schools that don’t work for them with a pathway to a better educational future.

The Keystone State has become the next ground zero in the effort to empower parents and ensure your taxpayer dollars follow your child instead of funding the system. As one of America’s original 13 colonies, Pennsylvania now has the opportunity to become the 13th state to adopt universal education freedom.

The nationwide education freedom revolution was on full display in Philadelphia last month at the Education Policy Academy hosted by the American Legislative Exchange Council (ALEC). Our two-day policy bootcamp was attended by members of the Education Freedom Alliance (EFA), as well as key state lawmakers from Pennsylvania and states around the country who agree parents should be equipped with choice in their children’s education.

Not only did we hear about the success of universal programs in states like West Virginia, Arizona, Iowa, Arkansas, Florida, and others, but we were honored to witness the impact of education choice in-person with a tour of Father Judge High School in northeast Philadelphia.

An all-boys Catholic high school that emphasizes career skills as part of their curriculum, Father Judge allows students to graduate with more than a high-school diploma. They can also receive the education necessary to obtain an industry-specific certification in fields like welding and automative tech. It was incredible to meet several young men, just 16 and 17 years old, who already had high paying job offers before graduation.

As a grandmother and mother of two adult children, I know that the sense of accomplishment felt by these teenagers can only be exceeded by the sense of pride their parents must feel in their triumph. To see those they watched over, cared for, and guided from the start to achieve so much so early is every parent’s dream. The success of these programs propelled Father Judge to become a 2022 semifinalist of the prestigious Yass Prize, and provides living proof of the importance of innovation and choice in education, as well as the positive future impact of the Lifeline Scholarship Program.

And, this movement isn’t bound by party affiliation or politics. Across town from our ALEC event, Team Roc, the philanthropic arm of Jay-Z’s entertainment company, announced a series of community events in Philadelphia to support similar school choice efforts in Pennsylvania. And while he could see the momentum building from the education establishment, Gov. Josh Shapiro finally came out in support of expanding education options back in October.

This is why lawmakers in Harrisburg must come together and support bipartisan efforts to make education freedom a reality for every Pennsylvania family. That means providing families with a choice to send their students to charter schools, private schools, home schools, micro schools, virtual schools, or even traditional public schools. The key is empowering parents with the choice that best fits their students’ individual needs.

Studies consistently show that education freedom has a positive impact on those attending public and nonpublic schools alike. Of the 28 peer-reviewed studies compiled by EdChoice – each analyzing the impact of education freedom on public school outcomes – 25 found positive effects, one found no effect, and two found negative effects. Among the positive effects were improved test scores among both program participants and public-school students, improved parental satisfaction, higher educational attainment, and cost savings for taxpayers. Those results suggest education freedom can truly be called the rising tide that lifts all boats.

That is why 77 percent of families support expanding Lifeline Scholarships to students in Pennsylvania’s worst performing schools. Backed by Gov. Shapiro, this bipartisan effort would provide the state’s neediest students with access to learning environments that offer an education model tailored to their unique educational needs. Two of Pennsylvania’s neighbors, West Virginia and Ohio, were among the first states in the nation to create universal education freedom for all students. Now, it’s the Keystone State’s turn.

PA Dems Want to Ban TikTok — After They Post One More ‘Lip Syncing Cat’ Video

As the Pennsylvania General Assembly considers a blanket ban on TikTok for government-owned devices, many of the Democratic legislators who support the bill are still sharing Zach King magic tricks and giggling baby videos on the popular platform.

Eleven Pennsylvania Senate Democrats maintain a presence on the app owned by ByteDance, a Chinese-based company with ties to the Chinese Communist Party.

Some Democrats, including Montgomery’s Sen. Katie Muth, have accounts without any content. Others cross-post videos from Instagram or Facebook to TikTok.

Then there’s Delaware Valley Democratic Sens. Carolyn Comitta and John Kane.

Both Chester Democrats maintain a heavy presence on TikTok. Comitta has both campaign and Senate TikTok accounts. Both have posted videos from inside their Capitol offices. There’s even a goofy video of Kane walking away from policy positions that he opposes while a comedy sketch criticizing a so-called toxic person plays in the background.

A Kane spokesperson told DVJournal the senator turned to TikTok to connect with younger voters.

“This effort has been enjoyable, exciting, and empowering for many young people who now feel acknowledged by their government and informed about current events,” said Drew Henderson. He promised Kane didn’t use a government-owned device for TikTok. “With numerous colleges and universities in Sen. Kane’s district, we have found TikTok valuable to connect with young constituents, meeting them where they are digitally.”

Despite using the app for messaging, the entire Democrat Senate Caucus voted for Senate Bill 379, the TikTok ban bill. TikTok users are banned from accessing the app from a state-owned wireless network.

The House version of SB 379 went further. It expanded the TikTok ban to include devices and wireless networks owned by local governments and school districts.

“I believe the House amendments make SB 379 stronger by expanding the bill’s scope to include other foreign adversaries hostile to the United States, such as Russia,” Sen. Tracy Pennycuick (R-Montgomery) told DVJournal. She was one of the primary co-sponsors of the original bill. “Apps, like TikTok, present serious security risks, especially when installed on state-owned devices that have direct access to sensitive information. I am optimistic that this bill will pass in the House.”

The bill sits in the House Appropriations Committee.

It received initial support last week in a bipartisan 139-62 vote. Among supporters were 11 Democrats with active TikTok accounts. That includes Appropriations Chair Rep. Jordan Harris of Philadelphia and Delaware County Rep. Jenn O’Mara.

You could say the state legislature was behind with the times on TikTok. Multiple state agencies banned the app years ago.

State Treasurer Stacy Garrity booted TikTok from her department’s devices in late 2022 following an internal review.

“Our ban has been fully effective,” she told DVJournal. “No employees are able to download TikTok onto Treasury devices, and no devices on the Treasury network can access TikTok.”

Other departments with a TikTok ban are state courts, the attorney general’s office, and the auditor general’s office.

And, despite Gov. Josh Shapiro having two active TikTok accounts where he boasts about his “three moods,” state agencies can’t create TikTok accounts or buy ad space on the app.

Shapiro’s office did not respond to a request for comment on SB 379.

Should the bill become law, it would cause ripples throughout the Delaware Valley region. Bucks County uses TikTok to communicate with the public. Delaware County officials said last year that TikTok was still allowed on government-owned phones. Chester County has a ban on TikTok from government phones due to cybersecurity concerns. Montgomery County officials didn’t comment on the county’s TikTok policy.

Pennsylvania’s two Democrat U.S. Sens. Bob Casey and John Fetterman are both active on the platform as is President Joe Biden. Other federal employees can’t use TikTok on their work phones.

A bill that calls for ByteDance to sell TikTok or face a ban in America passed the U.S. House this month.

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Penn Vet Tries To Mend Fences With PA Legislature Over Campus Antisemitic Incidents

The University of Pennsylvania School of Veterinary Medicine sent a letter on Jan. 26 to Pennsylvania House Minority Leader Bryan Cutler in an effort to restore its state funding.

In December, the state legislature voted against sending the veterinary school $33 million in state funding in the wake of antisemitic incidents at the University of Pennsylvania. The vote was also a response to congressional testimony from then-President Liz Magill in which she was unable to say that “calling for the genocide of Jews” violated the university’s policies, calling it “a context-dependent decision.”

In the wake of that testimony, criticism from students and alumni, and the withdrawal of support from some significant donors, Magill resigned.

The letter, signed by Penn Vet interim president J. Larry Jameson, M.D. Ph.D. notes the school “provides world-class training to future veterinarians; exceptional clinical care to animals; vital diagnostic testing against devastating diseases; some of which also impact humans; and innovative research that benefits both animal and human health.”

As to the antisemitic incidents on campus that caused the House to vote to remove funding from Penn Vet, the letter notes the university’s division of public safety is working with the FBI and local police to investigate threats and violence. Two students and another person have been arrested.

Regarding faculty and staff, two Penn employees “have separated from university because of their behavior.” All complaints against employees have been referred to the proper disciplinary bodies.

The university condemns “hateful acts.”

The university’s task force on antisemitism has been asked to speed up its timeline for action items. Its Presidential Commission on Countering Hate and Building Community met for the first time on Dec. 19 and will meet again on Feb. 15.

The school supports the General Assembly’s bills to combat antisemitism and stands “clearly and strongly against antisemitism in all its odious forms,” the letter said.

Also, “Penn has investigated all reported acts of antisemitism on campus, and we will continue to do so, taking action in accordance with our policies and the law,” the letter said. “At this time, one student organization has an active case file with the university’s Center for Community Standards and Accountability. We have determined this organization did not receive university funding. We are following our established processes and remain committed to ensuring an environment where students can thrive.”

Jason Gottesman, a spokesman for Cutler, said, “We have had constructive dialogue with leadership at the University of Pennsylvania and hope to continue those productive conversations over the coming weeks as we work toward the shared goal of eliminating antisemitism and calls for the genocide of Jewish people.”

However, antisemitic incidents continue to arise at Penn. Most recently, DVJournal reported that Dwayne Booth,  a lecturer in the Annenberg School of Communication, has been drawing and publishing antisemitic cartoons since the Oct. 7 Hamas attacks on Israel.

Reacting to those drawings, Michael Balaban, president of the Jewish Federation of Greater Philadelphia, said, “Dwayne Booth’s cartoon dangerously invokes the classic antisemitic propaganda of the blood libel. At a time when antisemitism is on the rise across the country, these cartoons only serve to demonize and isolate the Jewish community, minimizing the legitimate threat of antisemitism. We call on the University of Pennsylvania to address Booth’s tenure to show that perpetuating antisemitic tropes should never be tolerated.”

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CUTLER: RGGI Decision Confirms Republicans Have Been Right on Executive Overreach All Along

The Pennsylvania Commonwealth Court rightly recently rejected an effort by prior Gov. Tom Wolf’s administration to unlawfully impose an energy tax on Pennsylvanians by entering the state into the Regional Greenhouse Gas Initiative, also known as RGGI.

RGGI is a multi-state compact that would ultimately lead to higher energy taxes on Pennsylvania consumers when they turn their lights on at home, try to keep warm in the winter, or operate one of our many small businesses that are the centerpiece of our state’s economy.

While Pennsylvania’s entrance into RGGI would have added onto already increasing energy costs being felt by Pennsylvania’s families and businesses due to uncontrolled inflation and other misguided energy policy choices, Republicans for years have used every tool at our disposal to call out the continued unlawful efforts to circumvent the legislative process, which ultimately sunk the effort to implement RGGI through regulatory fiat.

As it relates to RGGI, dating back to the 2019 session, the Pennsylvania House Republican Caucus was at the forefront with legislation sponsored by Rep. Jim Struzzi (R-Indiana) to mandate that legislative approval be required prior to Pennsylvania’s entrance into the RGGI compact.

Ultimately, that legislation was vetoed by Gov. Wolf who had already started an unfortunate and unlawful pattern of circumventing legislative authority so he could unilaterally implement his unpopular agenda.

Similar legislative pursuits were followed in the 2021-2022 legislative session.

And while the rule of law won with the recent court decision on RGGI, the pattern of unlawfully using unilateral executive power to override proper legislative authority has only continued; and that is something Republicans in the Pennsylvania House of Representatives have continually worked to rein in.

During the 2020 election, we saw the governor use unilateral executive authority to create election law out of thin air, without legislative input or approval.

That effort continued when the current governor went around the legislature to implement automatic voter registration. Immediately, House Republicans began asserting our legislative prerogative to work to repeal the program and find a legislative path forward.

Despite the use of the courts to bless many of these improper regulatory efforts, Republican lawmakers continued to push back by passing legislation to reverse these decisions and make our elections more modernized, accessible, and secure.

While much of that legislation was vetoed by a governor intent on his approach, it continued to set the model for the legislature refusing to give up its proper lawmaking role and pushing back on improper exercises of unilateral executive power.

During the pandemic, the unilateral exercise of executive authority coming out of the governor’s office was especially pernicious.

Even though the Pennsylvania House of Representatives was in session for several straight months working on pandemic-related policy, Gov. Wolf continued to use executive power to make decisions that limited the freedom of Pennsylvanians.

That did not stop us from fighting back. For months we used legislative authority to roll back these decisions and, even though many of our legislative efforts were vetoed, they were ultimately followed by a change in direction from the administration.

These efforts also led to the largest reassertion of legislative authority in recent history when we put before voters Constitutional amendments that were ultimately approved limiting the Governor’s unilateral authority during emergencies.

Thus far, constitutionally reinserting the legislature into emergency management decisions has only worked to increase the freedom and autonomy of Pennsylvanians.

In other areas, the legislature was proactive in putting into law what was being done by executive action. During the pandemic, the governor used unilateral authority to waive hundreds of regulations. Republicans believed that if you could waive a regulation for months on end, it was likely not necessary to begin with.

That is why we used our legislative authority to make many of these regulatory waivers permanent while also forcing necessary regulations to be put back into effect.

While the Commonwealth Court got it right with the RGGI decision, Republicans—especially Republicans in the Pennsylvania House of Representatives—have been talking about and fighting back against the improper use of unilateral executive authority for years.

Even though we have scored many big wins for Pennsylvanians in reasserting their voice through the legislative process, whenever the unlawful use of executive authority takes place, we will continue to use every tool at our disposal to speak out and ensure the power of the people—and not one person—wins out.

 

 

PITTMAN: An Opportunity to Bring Back Common Sense

Last November, the voters sent a divided government to Harrisburg. The governor is a Democrat. The House of Representatives has swung between having the same number of Democrat and Republican members, and the Democrats having a one-seat majority. In the Senate, our Republican majority is strong with 28 members.

In addition to our goals of protecting jobs, empowering families and defending the rights and freedoms of our citizens, over the last several years, the Senate Republican Caucus has fought for fiscal responsibility and limiting government overreach. We continue to see the benefits of this leadership, as just this month Moody’s Investors Service has affirmed Pennsylvania’s current Bond Rating and revised our commonwealth’s financial outlook from ‘stable’ to ‘positive.’ This year as part of the state budget, we again stood for fiscal restraint and prevented billions of dollars in new spending proposed by Gov. Josh Shapiro and other Harrisburg Democrats.

Our convictions and priorities will not waver, but we also recognize our duty to demonstrate divided government is not dysfunctional government. The reality of the current political climate in Harrisburg is that it is difficult to come to consensus on many policy measures. However, our different perspectives are not a valid reason to avoid coming to the table and addressing the most basic and pressing issues facing Pennsylvanians.

For any piece of legislation to become law, it must garner at least 26 votes in the Senate, 102 votes in the House and the approval of the governor. A divided government means we must find ways to come together. Effective leadership and legislating means working to understand the perspectives of both sides. By tackling the pressing issues we see coming on the horizon, and then removing those issues from the table, we can move forward step-by-step.

While we continue to wait for the House to return to session and act on necessary implementation language for the 2023-24 state budget, the Senate has taken additional steps to continue moving Pennsylvania forward. On Sept. 20, we unanimously passed school safety legislation to increase and streamline ways to further protect our students. House Bill 27 makes the school safety grant process more efficient and effective, creates an executive committee to identify emerging school safety threats, provides technical assistance to establish school and county safety collaboration, releases $100 million in K-12 school mental health funding and provides additional flexibility for those school districts experiencing shortages of substitute teachers.

Despite our differences, there is no reason Pennsylvanians should be kept waiting on legislation to protect our most precious resources, our children. With unanimous – yes, unanimous – passage by the Senate, and Gov. Shapiro’s agreement to sign the measure into law, my hope is the House will follow suit and demonstrate they can also fulfill this responsibility.

It is time we demonstrate what can be done in divided government instead of what cannot. The Senate continues to act and demonstrate we can move forward with the most basic parameters which make our government function. It is past time for the House to come back to session and work with us to solve real problems for the people of Pennsylvania – starting with keeping our students safe.

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New DelVal State Senators, Representatives Take the Oath of Office

Several newly elected Delaware Valley state legislators took the oath of office at the state Capitol on Tuesday. All the new members said they were excited to get started in their new positions.

“It was an honor to be sworn in to the Pennsylvania Senate. It was a humbling day and I am now ready to get to work and serve the people of the 6th Senatorial District,” said Sen. Frank Farry (R-Bucks).

Republican Sen. Tracy Penncuick said, “It’s a tremendous honor to represent the citizens of Berks and Montgomery Counties in the Senate and I look forward to being their voice on issues that matter to them. The new session promises to be a busy two years, and I’m ready to get to work advancing legislation that benefits Pennsylvania taxpayers and families.”

Sen. Tracy Pennycuick, third from right.

Rep. Joe Hogan (R-Bucks) was sworn in Tuesday to serve his first term.

“It is an honor to begin serving the people of the 142nd District in Harrisburg,” Hogan said. “I look forward to bringing results back to Bucks County and continuing to make our community a great place to live, work and raise a family.”

Rep. Joe Hogan

Rep. Kristin Marcell (R-Bucks) said, “I am honored to represent the residents of the 178th District. I thank them for placing their faith in me to share their concerns and craft legislation to solve those problems.”

Rep. Lisa Borowski (D-Delaware) said, “With this new freshman class comes new ideas and opportunities for Pennsylvania to grow. I’m looking forward to working with my colleagues in the House to make sure your priorities are represented. I’m ready to get to work and serve my neighbors in this new role.”

Rep. Kristin Marcell

“It’s a great honor that the residents of the 159th District gave me the opportunity to be their advocate in our state legislature,” Rep. Carol Kazeem (D-Delaware) said. “I look forward to bringing up the topics that our commonwealth needs to seriously discuss and enact change that will improve the quality of life for all

Rep. Lisa Borowski

Pennsylvanians.”

Rep. Carol Kazeem

Rep. Brian Munroe (D-Bucks) said, “I am humbled beyond words for the opportunity to provide a voice for friends, neighbors, and residents of the 144th Legislative District. I look forward to accomplishing the work that must be done for our commonwealth to continue on its upward trajectory. We have a chance to put Pennsylvania on a prosperous path, and we must meet this moment by working in unison to enact concrete policies that achieve goals across a broad spectrum.”

Rep. Brian Munroe

Rep. Greg Scott (D-Montgomery) said, “I am honored to represent Pennsylvanians in Harrisburg and most importantly the residents of the 54th Legislative District at home,” said Rep. Greg Scott, D-Montgomery.

Rep. Greg Scott

“The 54th Legislative District is a fantastic mix of communities that I am excited to carry. I vow to invest in those communities at home as well as advocate for better schools, an economy for everyone, and for investment in our infrastructure.”

“I am honored to begin working for the residents of the 151st Legislative District as their new state representative,” said Rep. Melissa Cerrato,( D-Montgomery). “I am here to listen to and uplift the voices of the communities that I represent and help bring about positive change for all Pennsylvanians. It’s a privilege to represent my neighbors in Harrisburg and a responsibility I will not take lightly.”

Rep. Melissa Cerrato

Rep. Paul Friel (D-Chester) said, “Today is a monumental day, not just for me, but for all of Pennsylvania. I look forward to working alongside my colleagues to bring forth the change Pennsylvanians want to see in their government.”

Rep. Paul Friel

“Being sworn in today as representative of the 156th District was the honor of a lifetime,” Rep. Chris Pielli (D-Chester) said. “My colleagues and I hope to hit the ground running and bring positive, lasting change to the lives of Pennsylvanians.”

Rep. Chris Pielli

Rep. Tim Brennan (D-Bucks) said, “Swearing-in day is today, thank you so much to the people of the 29th district who gave me the opportunity to do this important work!”

“Representing Montgomery County in Harrisburg is an honor. I look forward to bringing results back to our community,” said Rep. Donna Scheuren (R-Montgomery).

Rep. Tim Brennan

The state representatives serve two-year terms, while the state senators serve four-year terms.

Rep. Donna Scheuren

Democrats will likely control the state House once three special elections are held to fill vacancies. Also, on Tuesday, the House voted to make Berks County Democrat Rep. Mark Rozzi speaker. Rozzi pledged to be an independent. Republicans remain the majority in the state Senate.

 

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Fairness in Women’s Sports Act Advances to Full Senate, Wolf Veto Likely

Just in time for the 5oth anniversary of Title IX in June, the Fairness in Women’s Sports Act passed the state Senate Education Committee in a 7-4 vote Tuesday, with Republicans praising it and Democrats panning it.

The bill, which passed the House in April, was introduced last year by five women legislators–state Reps. Barb Gleim (R-Cumberland), Martina White (R-Philadelphia), Valerie Gaydos (R-Allegheny), Dawn Keefer (R-Cumberland/York), and Stephanie Borowicz (R-Clinton/Center)—all of whom were student-athletes themselves and benefited from Title IX. That law requires equal treatment for girls and women in school and college athletics, in particular by protecting them from being forced to compete with biologically male athletes.

“Women are harmed when we fail to defend women’s sports,” said Gliem, testifying before the Senate committee. “I ask everyone here who opposed the bill, to tell the truth in the characterization of this bill. You know it does not ‘ban people from playing sports,’ which we’ve heard in the media. You know the truth that all males, no matter what gender identities they adopt are today welcome and will continue to be welcome to play against biological male bodies in male divisions. Sports are not about what we look like. Or the stereotypes or identities we adopt.”

The bill will “ultimately promote gender equality by giving both biological males and females the best environment in which to succeed,” Gliem said. Girls have “already lost opportunities and have been left to grapple with uncomfortable, painful and difficult situations because nobody in authority is willing to defend them.”

The issue became a cultural flashpoint in the wake of the high-profile story of biologically-male swimmer Lia Thomas, who had been a mediocre NCAA athlete when competing as a male but began breaking records competing as a woman.

White said, “Science and common sense tell us that biological males are generally bigger, faster, and stronger than females. They have larger hearts, lungs, denser bones, stronger muscles, and generate more force in athletics. These are all advantages that cannot be undone.

“Imagine how a young woman feels about missing a spot on a roster for her high school soccer team for a biological male. She loses more than just an opportunity,” said White. “She loses potential friendships and life lessons about being part of a team. She could lose out on athletic scholarship opportunities and miss out on athletic achievements that otherwise would have been hers, had she been given an equal opportunity to have fair play.”

“No one should be forcing biological females to compete against biological males,” White concluded. “It is patently wrong and unfair. Every young woman in Pennsylvania needs to know there are women here in Harrisburg standing up for them and their rights under Title IX. We will not permit anyone to chip away at women’s rights, including the right to have equal opportunity to play.”

Chester County state Sen. Carolyn Committa joined her fellow Democrats in opposing the bill. However, she said she agreed with “the intention of making sure the playing field is level and fair.”

Minority Chair Sen. Lindsey Williams (D-Allegheny) also opposed the bill, citing a letter from a list of organizations against it, including the American School Counselors Association and the National Association of School Psychologists, that said the bill “bans trans women from participating in sports.”

Sen. Carolyn Comitta (D-Chester) also voted against the bill but agrees with “the intention of making sure the playing field is level and fair.”

Comitta added, “The University of Pennsylvania, that was a mess. That should have never happened. I agree with you. That was a failure on several levels…If there is empirical data that shows harm besides the University of Pennsylvania, be so kind to share that.”

But, Comitta insisted, “standing up for transgender females is not at the expense of other female athletes.”

Parents of female athletes forced to compete with biological males don’t agree.

“We are not anti-trans, we are certainly not anti-Lia,” a mother of a student who swam against Thomas this past season at Harvard told the New York Post. “We are for our girls having the right to compete under fair conditions. It is not fair for them to go up against a biological male, it just isn’t. We’ve been shamed into silence. We feel so helpless. Nobody hears us.”

Sen. Doug Mastriano (R-Franklin), who is running for governor, quoted President John Adams saying, “Facts are stubborn things.”

“Such a basic thing. What is a female? What is a male? I was lectured this past year in my questions by this administration about COVID to follow the science. Let’s do just that. And it’s not subjective at all. I stand in strong support of this legislation…There’s a lot of hate and animosity for anyone who stands for truth these days, sadly,” he said.

Sen. Tim Kearney (D-Chester/Delaware) voted against the bill.

“At its core, House Bill 972 is discriminatory and does nothing more than further marginalize trans individuals. This rhetoric that suggests transgender girls have an athletic advantage is scientifically unfounded and only adds to the stigma and attacks these individuals already face, simply for wanting to be their authentic selves. I stand with my Democratic colleagues in opposition to this bill and any other legislation that seeks to discriminate against trans people,” said Kearney.

If fact, multiple studies show biological males have an athletic advantage over their female counterparts and that advantage lasts for at least a year, if not longer, as an athlete transitions from male to female.

Attorney General and Democratic candidate for governor Josh Shapiro opposes the legislation and believes the PIAA should determine the rules, not the legislature.

“Instead of wasting time and taxpayer dollars on veto-bound attempts to bully children, our Republican-led legislature should be focused on improving the economy and helping Pennsylvania families. Josh Shapiro’s top priorities are lowering costs and cutting taxes, improving our schools, and making our communities safer – and that’s exactly what he’ll do as governor,” said spokesperson Will Simons.

State Senate candidate Rep. Tracy Pennycuick (R-Harleysville) supports the Fairness in Women’s Sports Act. “I believe we need to protect athletic opportunities for biological women across this Commonwealth. The discipline, teamwork, scholarships, championship titles, and other opportunities for women to grow, mature, and compete in their chosen sport are worthy of our protection. Women fought long and hard to earn their rights under Title IX and this bill will ensure they continue to have equal access to play competitive sports on a level playing field, while biological men can continue to compete on the men’s teams.”

However, even if the full Senate approves the bill, Gov. Tom Wolf has vowed to veto it.

“The governor has been clear – hate has no place in Pennsylvania, and that includes discrimination,” said Elizabeth Rementer, Wolf’s spokeswoman. “Any legislation designed to deny opportunities is both disturbing and dangerous. Transgender individuals should know that they belong, that they are valued, and that their participation in activities is welcomed.”

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PA Politicians Push ‘Abortion On Demand’ Legislation After SCOTUS Leak

In the wake of a leaked U.S. Supreme Court opinion that would overturn Roe v. Wade, Senate Majority Leader Chuck Schumer is expected to bring the Women’s Health Protection Act (WHPA) back to the Senate floor. However, he is almost certain to lack the 60 votes needed for cloture — allowing the bill to come to the Senate floor for a vote — or even 50 votes to pass it. On Feb. 28,  Sen. Manchin (D-W. Va.) voted with the Republicans to block it.

In February, Sen. Bob Casey (D-Pa.), who is sometimes described as prof-life, voted to advance the bill with the rest of his Democratic colleagues. His office did not respond to a request to comment on whether he will vote that way again next week.

Casey’s stance on abortion issues has been fluid. Until recently, he said he supported a ban on abortions after 20 weeks — a position in line with a majority of Americans according to Gallup polling. However, he also refused to block changes to Obamacare in 2010 to provide taxpayer-funded elective abortions.

“Casey’s voting record in Congress aligns significantly with abortion-rights groups such as Planned Parenthood and NARAL. He has voted along with Planned Parenthood 75 percent of the time since 2011,” Politico reported in 2018. “And he voted with NARAL Pro-Choice America 100 percent of the time in 2016 and 2017.”

Supporting the WHPA, however, is a new level of pro-abortion politics.

According to an analysis by John McCormack who covers abortion legislation for the conservative National Review magazine, the WHPA creates a federal right to abortion through nine months of pregnancy in all 50 states; overrides nearly all state abortion laws, including parental-consent laws like Pennsylvania’s; weakens “conscience exemptions” to keep healthcare workers from being forced to participate in abortion procedures that violate their religious beliefs; and creates a right for non-doctors to perform abortions.

“WHPA will essentially legalize abortion throughout all nine months of pregnancy and undo every state law that has protected children in the womb,” according to the group Democrats for Life America.

While most Americans say they oppose overturning Roe v. Wade, polls consistently show fewer than 20 percent of Americans support unlimited abortion up to the day of birth. However, that is exactly the position every Democrat in the Delaware Valley’s congressional delegation took when they voted to pass the WHPA last fall.

Congresswoman Madeleine Dean (D-Montgomery) tweeted after voting for the bill, “The Women’s Health Protection Act will: Codify Roe v. Wade. Create federal protection against state laws that restrict women’s health. Prohibit unwarranted restrictions that single out abortion services or providers. Beyond proud to serve in this House that passed #WHPA.”

“Like many of you, I was outraged by the leaked draft opinion of the Supreme Court regarding Roe v. Wade – and what this extreme Supreme Court may do to our country,” Dean said in an email.  “Predicting this, in September, the House passed the Women’s Health Protection Act to codify Roe v. Wade. Since then, it’s been stalled in the Senate because of the filibuster.

Rep. Madeleine Dean with abortion protesters at Independence Hall.

“It’s time the Senate carve out a filibuster exception to pass WHPA, as they’ve recently done with our debt ceiling,” she said. “Women must remain free to fulfill their right to privacy, legal and safe abortion, contraceptives, and full healthcare treatment.”

Congresswoman Mary Gay Scanlon (D-Delaware County/Philadelphia) tweeted after the SCOTUS  leak earlier this week, “Women were called hysterical for sounding the alarm about abortion rights. We were told Roe and Casey were settled law. This leaked opinion shows we were right to be terrified. The Senate must move NOW to pass the Women’s Health Protection Act.”

And Rep. Chrissy Houlahan (D-Berks/Chester) said this on her campaign website, “A woman’s health care decisions should be made between her, her doctor, and her faith – not politicians. I am very concerned by state-level laws that inject politics into that decision, as well as the dangerous Supreme Court challenges to Roe v. Wade. That’s why I am taking action by supporting the Women’s Health Protection Act, standing against efforts to defund Planned Parenthood, and working to improve maternal health care access through the Maternal Health Quality Improvement Act.”

Abortion is also on the table in the state legislature. State Senate Republicans are putting forward a bill that would add a constitutional amendment to maintain the status quo of no right to or funding for an abortion.

“Federal courts have long held that the federal constitution does not require taxpayer funding of abortion. The Pennsylvania Supreme Court held in 1985 that the state constitution also does not require such taxpayer funding,” said state Sen. Judy Ward (R-Blair/Cumberland/Franklin/Fulton/Hunterdon).

“If approved, Senate Bill  956 will prevent taxpayer dollars from funding elective terminations and will preserve the authority of elected officials – not the judicial branch – to enact future abortion laws.

“To no one’s surprise, this issue has elicited consternation from abortion rights activists who wield passionate and misleading rhetoric to convince the masses that my bill will lead to widespread bans. Nothing could be further from the truth,” Ward said.

“Currently, Medicaid covers both non-elective abortions and voluntary abortions involving cases of rape or incest but still withholds funding for elective abortions,” Ward added.  “If the state constitutional amendment is approved by the voters, this won’t change. The Abortion Control Act will remain the law, as well. The language does not ban abortions, but rather ensures that abortion policy in Pennsylvania comes from the people’s elected representatives.”

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Ban On Private Election Funding Passes Legislature; Will Wolf Sign?

A bill to do away with private funds going to “administer” elections passed the Republican-controlled Pennsylvania legislature. But it is unclear whether Democrat Gov. Tom Wolf will sign it.

Todd Shepherd, former Delaware Valley Journal editor who is now an investigative reporter at Broad and Liberty, testified before a state Senate committee on April 5 about outside money that arguably impacted the 2020 election. The funds came from the Center for Tech and Civic Life (CTCL), a nonprofit organization funded through a foundation of Facebook founder Mark Zuckerberg and his wife, Priscila Chan– hence the name “Zuckerbucks.”

The couple gave $419 million to two nonprofits that, in turn, gave funds to nearly 2,500 local election departments across the country in the 2020 election.

CTCL donated to mostly Democrat majority counties for get-out-the-vote efforts, with Pennsylvania receiving more than $20 million. And another group, the Center for Secure and Modern Elections, was also involved in the efforts, Shepherd said.

“The handful of blue counties contacted in July and August of that year were given special assistance by outside consultants — some of them paid political consultants with clear partisan interests,” said Shepherd.

“Those consultants worked to make sure the county would get the maximum grant award. I found no similar emails for grant maximization with any of Pennsylvania’s red counties.”

Shepherd continued, “For example, this is the first email I could find in which Delaware County Councilwoman Christine Reuther was originally introduced to someone about the CTCL grants.

“The email participants were as I mentioned Councilwoman Reuther, consultant Marc Solomon, Jennifer Walls-Lavelle who was a staffer for Gov. Wolf, Gwen Camp — the author of the email and a paid consultant for ‘The Voter Project’ — and finally, Kevin Mack, a DC-based consultant.”

And it is not just Pennsylvania. The Capitol Research Center, a center-right think tank, found a similar trend nationwide. CTCL “consistently gave bigger grants and more money per capita to counties that voted for Biden,” its investigation found. For example, the average per capita grant in Georgia for areas that leaned Republican was $1.41 per person. In pro-Biden districts, the donations reached an average of $5.33.

In his testimony regarding “Zuckerbucks” in Pennsylvania,  Shepard detailed how Democratic operatives were deeply involved in the election activities funded by these outside groups.

Another Reuther email exchange that Shepherd highlighted for the committee was between Reuther and Delaware County Solicitor William “Bill” Martin. Martin was sending her information on who comprised and funded the CTCL.

“Ms. Reuther responded, ‘Not at all surprising. I am seeking funds to fairly and safely administer the election so everyone legally registered to vote can do so and have their votes count. If a left-leaning public charity wants to further my objective, I am good with it. I will deal with the blowback.’”

However, Shepherd’s investigation found only targeted, Democratic majority counties were given early notice that the grants were available.

Shepherd also told the committee, “Last, in terms of exhibits, we have the mid-August email from then-Secretary of State Kathy Boockvar to a county commissioner in Bucks County, establishing communication about the CTCL grants.

“Bucks is a very purple-ish county, as you all know, but still I feel this selective invitation to an election grant by the state’s top election official needs answers. Why is she making the introductions instead of the CTCL?

“And just to drive home the question: With just two and a half months to go before the election, why is the secretary of state inviting some counties to get this grant money but not others? How was she deciding who to reach out to? Was she told by the CTCL and CSME who the preferred counties were? Or did she decide herself? And if she did decide by herself, what information or concerns guided those decisions?”

Sen. Bob Mensch (R-Bucks/Berks/Montgomery) said, “We must eliminate the heavy hand of massive private funding into our commonwealth’s and our nation’s elections, with no exceptions.  The effect of Mark Zuckerberg’s, and others, spending to influence their desired outcome is uncalculatable.  No one person, or small group of extremely rich people should determine the outcome of an election—that is the responsibility of all our citizens.”

“It is very likely Governor Wolf will veto the bill,” Mensch added.

Meanwhile, Zuckerberg recently announced he will no longer give money to outside groups for election administration.

When asked whether Wolf would sign or veto the bill, the governor’s spokeswoman Elizabeth Remeter did not give a direct answer, instead blaming the legislature for failing to give the counties adequate funding for elections.

“First, it’s important to point out that counties have asked for additional funding from the General Assembly, so it is hypocritical to both ignore the asks from counties while simultaneously proposing to end opportunities for counties to seek funding to ensure safe elections,” said Remeter.

“The governor has long called for improvements to our election process that safely expands access to the ballot. He also continues to push back on anyone who tries to spread misinformation and make baseless accusations that our elections are anything short of free, fair, and secure,” she said.

“Instead of continuing to pursue conspiracy theories and new ways to disenfranchise Pennsylvania voters, Senate Republicans should refocus their efforts on bipartisan ways we can continue to fund elections.”

Remeter added, “Instead of indulging discredited conspiracy theories and making it more difficult for the counties to obtain resources they need to administer elections, we should have a real conversation about properly funding elections and finally make commonsense election improvements to our election code like allowing pre-canvassing of ballots, which is supported by the state county commissioners association and all 67 counties.”

 

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