In the wake of multiple federal court rulings striking down all provisions of President Joe Biden’s vaccine mandates, Maricopa County Community College District (MCCCD) has suspended their vaccine mandate for employees. A number of colleges and universities followed Biden’s executive order requiring federal contractors to get vaccinated.
MCCCD notified employees that it would hold onto the policy detailing their now-suspended mandate on their website, indicating that they would await further ruling on the subject. For the time being, their January 7 deadline is no longer in effect.
“Given the rapidly changing landscape, if an employee would like to voluntarily provide your vaccine information or continue with the accommodation process you may certainly do so,” wrote MCCCD. “MCCCD will leave the Federal Vaccine Mandate submission structure (including this website) in place and will continue to monitor the situation.”
All three of Arizona’s public universities — Arizona State University (ASU), Northern Arizona University (NAU), and University of Arizona (UArizona) — also have employee vaccination mandates in place. UArizona and NAU told AZ Free News that they were reviewing the court ruling and its potential impact, and indicated that ASU was as well.
“At this time, we continue to strongly encourage employees to get vaccinated and verify their vaccination status,” said UArizona spokeswoman Holly Jensen.
Pima Community College also has a vaccine mandate; spokeswoman Libby Howell told Arizona Republic that they were keeping their mandate in place despite the ruling, but noted that their governing board may decide to vote to suspend it next week.
The federal contractor vaccine mandate was suspended nationwide on Tuesday by U.S. District Judge R. Stan Baker, a Trump appointee to Georgia’s southern district court, in the State of Georgia, et al., v. Biden, et al.
Baker’s opinion concurred with those issued by judges in separate rulings on other mandates prompted by Biden: that the president’s exercise of power didn’t align with the Constitution or other legal precedents. Baker also cited the ruling of another federal judge in Kentucky, Gregory Van Tatenhove, a Bush appointee, who previously suspended the same order in several states: Kentucky, Ohio, and Tennessee.
“As another Court that has preliminarily enjoined the same measure at issue in this case has stated, ‘[t]his case is not about whether vaccines are effective. They are.’ […] Moreover, the Court acknowledges the tragic toll that the COVID-19 pandemic has wrought throughout the nation and the globe,” wrote Baker. “However, even in times of crisis this Court must preserve the rule of law and ensure that all branches of government act within the bounds of their constitutionally granted authorities. Indeed, the United States Supreme Court has recognized that, while the public indisputably ‘has a strong interest in combating the spread of [COVID-19],’ that interest does not permit the government to “act unlawfully even in pursuit of desirable ends.”
The reason that Baker applied his ruling nationally — as opposed to a limited application like Tatenhove’s Kentucky v. Biden ruling — was because the intervening plaintiff, Associated Builders and Contractors, Inc. (ABC), is a national company.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Kyle Rittenhouse told Louder With Crowder (LWC) on Wednesday that Arizona State University (ASU) wasn’t honest in their characterization of his enrollment status, and declared he will attend ASU in the spring despite student activists’ pushback late last month.
Rittenhouse was vindicated by a jury of all charges last month, proving he’d lawfully exercised self defense during the Kenosha riots. During Wednesday’s episode of political news and comedy show Louder with Crowder, Rittenhouse explained that he’s a student at ASU currently.
“Yeah, it’s online. I took a compassionate withdrawal from my classes. My professors offered it and then a week later they gave me a compassionate withdrawal which – thank you for that. But then they came out with a statement saying, ‘Oh no no, he’s not enrolled at ASU anymore.’ I’m enrolled, I’m just not in any classes, but I have a student portfolio,” said Rittenhouse.
AZ Free News inquired with ASU about the technicality of student portfolios and enrollment. ASU spokesman Jay Thorne told AZ Free News it couldn’t go into detail about Rittenhouse’s enrollment status due to FERPA law. Their official statement contradicted Rittenhouse’s claim, saying he wasn’t enrolled currently.
“Kyle Rittenhouse did not go through the ASU admissions process but was enrolled in two publicly available online courses for this semester. University records show that he is now no longer enrolled, a status precipitated by his own actions,” stated Thorne.
That wasn’t all that Rittenhouse had to say about his future education. Rittenhouse also told LWC that he wasn’t deterred by the socialist and social justice student protestors at ASU.
“There weren’t even a lot of protestors there. It was a very, very small amount. And then people are just like, ‘I thought you were getting an education?’ and I’m like, yes, that’s what I want to do,” explained Rittenhouse. “I want to go to law school. I’m going to ASU in the spring in person. I want to do my four year undergrad there before I take the LSAT and go do my three years of law.”
Some recognizable faces were among the protestors’ number. One of the featured speakers there was Mastaani Qureshi – one of the three women found guilty of ASU’s Code of Conduct for harassing two white male peers with apparently rival political beliefs out of a common space on campus. Mastaani apparently took issue with another white male that represented apparently rival political beliefs, Rittenhouse, for his potential attendance at ASU. She claimed he was a white supremacist, vigilante, and killer.
“We want to say that Kyle Rittenhouse is not just any random killer, he’s a white supremacist killer. He is a vigilante. He is the descendant of white Americans who killed black and brown people. White supremacists back in the day were also acquitted of all charges if we have read history,” asserted Mastaani. “Kyle Rittenhouse didn’t get a guilty verdict because he was f*****g white!”
The entire Kenosha ordeal has shaped Rittenhouse’s career goals. Rittenhouse originally expressed an intent to study nursing, a desire reflected by his reason for being in Kenosha that fateful night last August: to put out fires and administer first aid to anyone present. Then on Wednesday, Rittenhouse confirmed with Crowder that he intends to study law instead of nursing because of the prosecutorial misconduct he witnessed and experienced during his trial.
“I want to be a criminal defense attorney,” said Rittenhouse. “I’m big on, no matter who the person is, I believe everybody deserves fair and good legal representation.”
OJ Simpson jury consultant Jo-Ellan Dimitrius helped select the jury for Rittenhouse’s trial. Rittenhouse said that she was an amazing support for them.
“She’s a phenomenal jury consultant. She’s more than that for us, though. She was a rock for my mom – someone my mom could lean on and hold during this entire ordeal,” said Rittenhouse.
The No Surprises Act passed by Congress in the waning days of Donald Trump’s presidency to better inform patients of the costs of medical procedures and other services doesn’t take effect until Jan. 1, but the Biden Administration is already getting pushback on how it intends to implement one provision of the new law.
That pushback is coming from health care providers who recently blanketed federal officials with negative comments about a regulatory rule issued by U.S. Department of Health and Human Services (HHS) the providers claim goes against the language of the Act, which was passed to formulate a nationwide process for resolving “surprise” or unexpected medical bills.
The two most common expected billing problems patients face in Arizona result from being treated by an out-of-network doctor at a medical facility within their network, or when a patient requires emergency or urgent care at an out-of-network facility.
For those in rural areas, a third common surprise billing issue involves charges for out-of-network air ambulance, or medical evacuation, services.
Under the new law, a patient’s copayment for an out-of-network bill will be limited to roughly what the patient’s copayment would be had the service or procedure been fully conducted in-network. Any unpaid balance can be challenged by the out-of-network provider, who must first attempt to negotiate the matter with the patient’s insurer or commercial health plan.
The rule also establishes an arbitration process the provider must follow if an agreement cannot be reached with the insurer / health plan. And after that, according to the American Hospital Association and other provider groups, is where the rule as currently written verves away from the intention of the new law
As put forth by HHS Secretary Xavier Becerra, the rule requires an arbitrator to consider an insurer or health plan’s in-network median payment rate for the service or procedure in question as the “presumptively correct” rate. Priority is given to that rate over other factors mentioned in the Act, such as complexity of the billed procedure or service, whether a party engaged in good faith during negotiations, and the health care provider’s training and expertise.
“By directing arbiters to presume that the plan’s or issuer’s median contracted rate is the appropriate out-of-network reimbursement rate and creating a significantly higher bar for consideration of other factors means that the [independent dispute resolution] process effectively will be unavailing for providers,” according to Stacey Hughes, AHA executive vice president.
But not everyone in the health care industry is opposed to the rule’s presumption of the reimbursable rate during arbitration. Insurance companies and commercial health plan support the arbitration rules which make it harder for out-of-network providers to receive payment.
It is also seen as a way to force providers to sign on to more networks to reduce the cost of getting paid.
“The approach taken in the interim final rules is a clear win for hardworking people,” said Matthew Eyles of America’s Health Insurance Plans, a national association whose members provide health care coverage. “This is the right approach to encourage hospitals, health care providers, and health insurance providers to work together and negotiate in good faith. It will also ensure that arbitration does not result in unnecessary premium increases for businesses and hardworking American families.
For now, the Biden Administration appears to be standing behind the rule even though 35 percent of the U.S. House of Representatives signed off on a letter in November urging the presumptive rate rule be reconsidered.
The Biden-Harris Administration will continue implementing federal regulations from the No Surprises Act to not only protect the patients but also curb rising costs in health care,” Becerra said in response to the pushback. “We want costs to go down. When the arbitration process is wide open, no boundaries, at the end of the day health care costs go up, not down.”
The No Surprises Act was passed as part of the Consolidated Appropriations Act.
The decision by President Joe Biden to sharply increase the tariff on Canadian softwood lumber to 17.99 percent is threatening housing affordability and has prompted calls from The Wall Street Journal and homebuilders for the White House to take quick action to reverse course.
More than one-quarter of softwood lumber—such as pine, cedar, fir, and spruce—used in America comes from Canada. The new tariff is twice the 8.99 percent rate in effect when Biden took office in January. It comes on the heels of wholesale lumber prices which tripled from July 2020 to July 2021, adding nearly $30,000 to the average cost of a new home, according to the National Association of Home Builders (NAHB).
The NAHB says the increased tariff is adding on average another $9,000 to the price of a new home compared to July. It is also pushing up prices of renovation and remodeling projects that are critical for ensuring affordable housing options in many communities.
“The doubling of duties on Canadian softwood lumber is ill-timed and ill-advised,” NAHB Chairman John C. Fowke wrote to Biden on Dec. 3. “As has been the case for decades, the domestic lumber industry cannot, nor will not, produce enough lumber to meet U.S. consumer demand. We rely on lumber from Canada to fill the production gap, so punitive tariffs on our closest and best trading partner on a product that American consumers desperately need defies logic.”
Top NAHB officials met at the Canadian Embassy in Washington DC last week to discuss the tariffs. After the meeting, Fowke send his letter to Biden, calling on U.S. trade officials to negotiate with the Canadian government for a lumber trade agreement that eliminates tariffs and ensures a fairly priced supply of lumber.
“The tariffs harm housing affordability by acting as a tax on American home builders and home buyers, and contribute to huge price volatility in the lumber market by putting upward pressure on lumber prices,” Fowke wrote.
The association, which has 140,000 members across the country, also called on Biden to support efforts to increase domestic lumber production. “Improving the health of our nation’s forests and increasing the supply of domestic timber are not mutually exclusive goals,” Fowke wrote.
Last month the Wall Street Journal’s editorial board noted that prices for U.S.-produced lumber is at more than 75 percent above pre-pandemic levels.
“For decades U.S. sawmills haven’t been able to meet domestic demand, but they’ve leaned on government to protect their market share,” the WSJ’s opinion stated. “The shortage would be much worse if not for Canadian lumber, which backs up U.S. output.”
The tariffs, the WSJ wrote, “will raise building costs in an already strained housing market.”
Then last week, The Washington Post’s editorial board published an opinion succinctly titled “Biden is hiking lumber tariffs at the wrong time.”
And the editorial board for the Las Vegas Review-Journal wrote that driving up the cost of lumber via tariffs will discourage construction and worsen inventory shortages for southern Nevada. “Much like the weather, politicians love to talk about affordable housing but none of them want to do anything about it. Put the Biden administration firmly in that camp,” the Review-Journal noted.
The city of Phoenix decided to suspend the city’s vaccine mandate after a federal judge halted President Joe Biden’s vaccine mandate for federal contractors. The city based its mandate for its employees under an interpretation of its workforce as federal contractors based on the amount of federal dollars and contractors it had.
The Phoenix City Council was scheduled to discuss their vaccine mandate during a policy session on Tuesday. Since the city announced the mandate’s suspension shortly before the meeting took place, officials instead modified the agenda item to showcase how well the city had handled the pandemic, the timeline of events preceding the mandate, and an explanation why the city classified itself as a federal contractor.
In light of today’s federal court ruling, temporarily blocking a requirement for all federal contract workers getting the #COVID19 vaccine, the city of #PHX will pause implementation of the federal mandate requiring city workers be vaccinated by Jan. 18. pic.twitter.com/0XRW1VtJBt
City Manager Jeff Barton offered a prelude to the presentation by insisting that the mandate was decided upon for the greater good.
“The January 18 vaccine mandate was not a city of Phoenix mandate. It was a federal mandate passed onto the city via executive order and with today’s ruling our city has halted implementation,” emphasized Barton. “Our fight against COVID-19 has forced us to be creative and innovative with our service delivery, and at times has forced us to make extremely difficult decisions as public servants for the greater good.”
Barton added that city administrators were “extremely flexible” with their COVID-19 policies for employees throughout the pandemic.
“I value their right to personal choice, religious freedom, and other convictions. But I also have an obligation to ensure the city operates within state and federal laws,” said Barton.
A week after the city announced their mandate, Councilman Sal DiCiccio called for a public vote on the mandate. DiCiccio said that the mandate would only strain further an already critically manned first responder force.
The response of first responders to the mandate was consistent with DiCiccio’s assessment. The Phoenix Law Enforcement Association (PLEA) and The United Phoenix Firefighters Association (UPFA) joined Attorney General Mark Brnovich’s lawsuit against President Joe Biden’s vaccine mandate for federal contractors and employees.
Another big win to stop Biden's unconstitutional COVID-19 vaccine mandates for federal contractors.
Scottsdale Unified School District (SUSD) allows students to replace their legal birth names, called “deadnames,” on their IDs with their preferred names. The district folded to a push from a Gender & Sexualities Alliance (GSA) chapter at Cocopah Middle School: these clubs are part of a national network pushing a hyperfocus on a child’s sexuality while engaging them in social justice activism.
One GSA middle schooler revealed SUSD’s “deadname” policy during a testimonial video featured at the latest annual fundraising award ceremony hosted by the Phoenix chapter of the Gay, Lesbian, & Straight Education Network (GLSEN, pronounced “glisten”: an activist organization pushing for comprehensive LGBTQ+ sex education and other social justice activism), called the Sparkle Glitter GLSEN Remote Fundraiser and Respect Awards. Arizona Daily Independent first reported on the video. The mother of the anonymous student was also present; her daughter revealed that her GSA club pushed SUSD to create a “deadname” policy. The young students were instigated and aided by a teacher serving as their club sponsor, Laynee Langner, whose efforts helped them cinch the award “GSA of the Year.”
“One of my friends, who is trans, had their deadname on their ID and we thought that was kind of unfair because everyone was calling them by their deadname,” complained the middle schooler. “We took it to district board level and got it changed for the entire district so that the entire district’s students could have their proper names on the ID.”
Langner explained that the students do what they want, when they want in their GSA. She further explained that school policy forbade students from using chosen names on their ID for proper identification reasons.
“Every single student has to wear their ID all day every day, and these have their ‘deadnames,’ and they wanted that changed. The consensus is that we can’t because it’s their legal names, and we need to have their legal names on their IDs. And I came back and told the students and they were so upset,” said Langner. “I haven’t seen such joy on the face of a child when I told them they didn’t have to have their ‘deadname’ on their ID, that they could have their chosen name on their ID. It was just euphoria, and it brought – it’s just bringing tears to my eyes right now.”
“Deadnames” are the birth names that individuals reject upon transitioning genders. The lack of a space between “dead” and “names” wasn’t an oversight – that’s the spelling recognized by activists, and even Merriam Webster. Activists also use the verb “deadnaming” to refer to the accidental or purposeful practice of using an individual’s legal birth name.
GSAs originated with GLSEN in the late 1990s. GLSEN, established in 1990, not only promotes the sexualization of children, it intertwines the tenets of Critical Race Theory (CRT) in its messaging. In guidelines for promoting inclusivity through a GSA, GLSEN wrote that having black representation in GSA leadership was necessary, and touched on topics like intersectionality, solidarity, centeredness, anti-racism, and white supremacy. It also insisted that GSA engage in social justice activism.
“If you’re discussing gender identity, talk about the gender binary as a white supremacist concept, and share information about some of the many African and Indigenous tribes that have embraced gender outside of the binary for decades,” read the post. “Have in-depth conversations in your GSA about intersectionality, solidarity, and anti-racism. These conversations are incredibly important, but you must also ensure that you do not place any undue burden on Black club members to share their trauma or to teach non-Black club members about racism. Provide space for Black people to process during or after these conversations, if needed, and make sure students know that they can step out at any point if they’re uncomfortable or triggered.”
Last year’s GSA Summit focused on a partnership with Black Lives Matter (BLM). The National Education Association (NEA) was also involved.
The club has caused deep divisions on campus in its short existence within SUSD, also mentioned during the Sparkle Glitter GLSEN Remote Fundraiser and Respect Awards testimonial video. The anonymous mother-daughter duo who revealed that the GSA sixth graders pushed SUSD to create a “deadname” policy described the divide their GSA caused at Cocopah Middle School. The mother said that their activism caused “a whole lot of problems” and said that some parents threatened to leave their middle school while others brought GSA cake to thank them.
“There was a very clear divide in the sixth graders. Those who participated were called ‘gay’ and those who didn’t participate were called ‘homophobic,’” said the middle schooler.
This is the same district formerly led by Jann-Michael Greenburg, the SUSD board member removed from presidency over his connection to a dossier on political and parental opponents created by his father.
One legislator, State Representative John Kavanagh (R-Fountain Hills), promised to intervene with a bill to require parental consent before a student can join a school club involving gender, gender identity, and/or sexuality, as well as require schools to give parents detailed information about those types of clubs. The representative asserted that the backdoor approach to sneaking in curriculum through clubs must come to an end.
“School districts should be serving the needs of families and students and not replacing their own ideologies with the beliefs of the parents. My bill would close a loophole that school districts have found in the state law that requires parental approval before students receive sex education,” explained Kavanagh. “They’ve taken LGBTQ+ politics out of the classroom and into the clubs to circumvent the law. My bill will require that parents consent to their child joining any kind of gender sexuality, or gender identity club before the students can join and the school will also have to send parents information about the club’s bylaws, rules, goals, and purposes.”
Jill Dunican, a Desert Mountain High School parent, told AZ Free News that it took her almost four months before she could get someone at her child’s school to tell her what GSA was all about after her high schooler told her about a “sexuality club” on campus. Dunican said that she recognized the harm posed by GSA immediately after obtaining more information on it.
“At first, the principal confirmed there was a Genders Sexuality Alliance, which she framed as a mere support group. However, it took almost four months before I was put in touch with the teacher who leads the GSA who was able to provide details about the agenda and source of curriculum,” said Dunican. “After reviewing the GLSEN website, it became clear how divisive the content is. These lessons are not something I want my children exposed to. Essentially, they ask kids to label each other based on skin color, gender and sexual identities in an effort to stack rank themselves into victim groups to establish the oppressors and the oppressed. I just don’t see how that helps any child.”
“Another concerning finding,” said Dunican, “was GLSEN’s instruction that teachers encourage students to become social activists for the abolishment of police, including school resource officers. In fact, GLSEN even promotes policing as a white supremist concept. In our home, we support police and first responders and value their contributions to the Scottsdale community.”
Dunican expressed that she’s not against providing emotional support to LGBTQ+ individuals or any children. Rather, Dunican has concerns that the GSA programming is indoctrinating children with a victimhood mindset and sexualized content that does not seem age appropriate, all without parental consent.
“I’ve heard others attempt to frame any criticism of the GLSEN indoctrination as anti-LGBTQ+. That’s simply not the case. If there was a Gay-Straight Alliance that truly promoted alliances and provided support, and didn’t push a sexualized ideology, I would be all in. Every child should be treated with kindness and respect, regardless of who they are. What GLSEN is pushing on our community and children is completely inappropriate.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.