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CBS, Google, Levi’s, Starbucks: 70 Companies Say DOMA Hurts Business

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CBS, Google, Levi’s, Starbucks, New Balance, and Xerox are among the 70 companies and cities that have signed an amicus brief stating that DOMA, the 1996 federal Defense of Marriage Act, hurts business. DOMA bans the federal government from recognizing same-sex marriages and has already been declared unconstitutional in federal court, as well as by President Obama and by Attorney General Holder.

“In essence, the amicus brief argues, ‘the employer becomes the face of DOMA’s discriminatory treatment’,” writes Janet Tu at the Seattle Times.

To attract the best employees, companies have to offer robust benefits and a “workplace ethos of transparent fairness,” the brief says. But “DOMA forces amici to investigate the gender of the spouses of our lawfully married employees and then to single out those employees with a same-sex spouse. DOMA enforces discriminatory tax treatment of spousal health care benefits.”

“The companies paint the law as an overburdening government regulation that should be repealed,” writes Lucas Grindley at The Advocate.

The companies say DOMA “forces” them “to investigate the gender of the spouses of our lawfully married employees and then to single out those employees with a same-sex spouse.” For example, HIPPA laws usually consider marriage a “qualifying event” that automatically enrolls a spouse in an employee’s health insurance. Companies now spend time and money weeding out any gay employees who get married.

If companies don’t want to discriminate, because it hurts their recruiting efforts or they’re just opposed to it in principle, then DOMA causes a bunch of “workarounds” that come with wasteful administrative costs of their own.

Companies complain that when a same-sex couple legally marries, it requires them “to maintain two sets of books.” That’s because the couple is considered married under state law but not married under federal law. “The double entries ripple through human resources, payroll, and benefits administration,” they write.

Some of the companies have had to pay consultants to jury-rig systems used to track benefits and taxes so they can accommodate the double records. “These dual regimes have spawned an industry of costly compliance specialists,” they complain.

“The burden on the small employer is especially onerous,” the companies point out. Small businesses can’t afford to hire consultants, and “such burdens, standing alone, might chill a smaller employer from employing an otherwise qualified employee because she happens to be married to a same-sex spouse.”

ABT Associates
Aetna, Inc.
Akamai Technologies, Inc.
Alere Inc.
Bank of New York Mellon Corporation
Biogen Idec, Inc.
Blue Cross Blue Shield of Mass., Inc.
Boston Community Capital, Inc.
Boston Medical Center Corp.
Bright Horizons Children’s Centers LLC
Calvert Investments, Inc.
CBS Corporation
The Chubb Corporation
Communispace Corp.
Constellation Energy Group, Inc.
Diageo North America, Inc.
Eastern Bank Corp.
Exelon Corp.
FitCorp Healthcare Centers, Inc.
Gammelgården, LLC
Google Inc.
Integrated Archive Systems, Inc.
Kimpton Hotel & Restaurant Group, LLC
Levi Strauss & Co.
Loring, Wolcott & Coolidge Trust, LLC
Massachusetts Mutual Life Insurance Co.
Massachusetts Envelope Company, Inc.
Massachusetts Financial Services Company
Microsoft Corp.
National Grid USA, Inc.
Nationwide Mutual Insurance Co.
New Balance Athletic Shoe, Inc.
New England Cryogenic Center, Inc.
NIKE, Inc.
The Ogilvy Group, Inc.
Onyx Pharmaceuticals, Inc.
Partners HealthCare System, Inc.
Reproductive Science Center of New England
Skyworks Solutions, Inc.
Starbucks Corp.
State Street Bank and Trust Co.
Stonyfield Farm, Inc.
Sun Life Financial (U.S.) Services Co., Inc.
Time Warner Cable, Inc.
Trillium Asset Management Corp.
W/S Development Associates LLC
Xerox Corp.
Zipcar, Inc.

Law and professional firms:

Burns & Levinson LLP
Edwards Wildman Palmer LLP
Foley Hoag LLP
Goodwin Proctor LLP
Goulston & Storrs, P.C.
McCarter & English LLP
Nixon Peabody LLP
Parthenon Group LLC
Ropes & Gray LLP
Salera Consulting
Seyfarth Shaw LLP
Sullivan & Worcester LLP

Professional, trade and civic organizations:

Greater Boston Chamber of Commerce
The Boston Foundation
Massachusetts Association of Health Plans
Massachusetts Biotechnology Council, Inc.
The National Fire Protection Association
Out & Equal Workplace Advocates
Retailers Association of Massachusetts

And the following cities:

The City of Boston, MA
The City of Cambridge, MA
The City of New York, NY

 

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‘Better Without It’: Trump Now Trashes the Deal He Once Called the Best Ever

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President Donald Trump spent years praising the trade deal he signed into law in 2020, the USMCA — United States–Mexico–Canada Agreement — which was his replacement for NAFTA — the North American Free Trade Agreement.

“America’s great USMCA Trade Bill is looking good,” Trump wrote in 2019. “It will be the best and most important trade deal ever made by the USA.” Declaring it would be good for everybody, he cheered, “we will finally end our Country’s worst Trade Deal, NAFTA!”

One year earlier, Trump said that his USMCA would serve as a means for Mexico to pay for his border wall:

“Mexico is paying for the wall through the many billions of dollars a year that the U.S.A. is saving through the new Trade Deal, the USMCA, that will replace the horrendous NAFTA Trade Deal, which has so badly hurt our Country. Mexico & Canada will also thrive – good for all!”

On Wednesday in Paris, the president gave reporters a different take on his deal, suggesting he would prefer to have no trade deal with America’s top trading partners, Canada and Mexico.

“I think it’s better without it,” Trump said. “I mean, to be honest with you. I’m not a big fan of it.”

He said the reason he had “liked it” was it helped get the U.S. out of NAFTA.

“That is the thing I liked about it the most,” Trump insisted. “We do better without an agreement.”

The president then offered two different scenarios. He said he would rather leave any USMCA extension “unsigned,” but then declared, “I’d rather have it terminated.”

When a reporter explained that those are “different things,” Trump replied, “I would rather not have the agreement, but I may sign it.”

“I would rather not have the USMCA,” he said. “I would prefer not having an agreement, but I’m open to doing it. We’ll see what happens.”

“It’ll be terminated,” he continued, as opposed to it expiring and not being renewed.

“I view it as possibly expiring immediately,” the president said.

The USMCA is up for renewal on July 1, but the U.S. has ruled that date out, Bloomberg News reported. “The US is negotiating on a bilateral basis. Talks with Mexico are ongoing, including sessions this week, while formal talks with Canada have not been launched.”

Last week, Trump said: “We don’t need anything that Canada has, we don’t need anything that Mexico has, but they need everything that we have, and they have to treat us better.”

 

Image via Reuters 

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Carville Predicts When Trump Will Resign — and Why

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President Donald Trump will not serve out his full second term in office, argues political strategist James Carville, but rather, he will resign and “walk away.”

Carville points to two major reasons looming over Trump as to why he believes the 47th president will exit the office.

“I want to be very clear on something,” says Carville. “I’m not doing this as a crazy a—— prediction. I’m doing it because I genuinely think that he will resign next spring.”

“He’s going to walk away because the pain that is coming for him, both the emotional pain and the physical deterioration, you watch it right in front of your eyes,” said Carville. “I don’t have to be a doctor to see this guy can’t move. He can’t get out of a chair. I know what it’s like to be in the 80s. And unlike a lot of people, I know what that job is like, and it’s not compatible. You know, maybe there’s some people 80 who could do that. He’s not one.”

Acknowledging that he is not a medical doctor, Carville does note that he is close to Trump’s age: the president is 80, Carville is approaching 82.

He highlights Trump’s “rate of decline from Election Day to now,” and warns that “it’s not linear. You don’t lose a quarter of a percent a month. When it goes down, it goes quickly, and you can look at him and see how just fat and unhealthy he is.”

The other reason Carville believes Trump will exit the White House next spring: he suggests a tremendous loss in the November midterms for Trump, and explains how devastating that will be.

“I know what it’s like to lose a massive off-year election,” says Carville. “We did in 1994. It’s so monumental. It’s so massive. It hurts so deep. You just can’t imagine it. The entire world around him is going to change after November of this year.”

“People don’t pay attention to you,” says Carville. “They’re making jokes. Everybody knows you’re on a short leash. You got two years left to go. You don’t have any power. Everybody around you is being subpoenaed for everything that you can imagine. Your life is miserable.”

Carville went on to declare, “I’m doubling down on this prediction. He is just going to walk away.”

Trump, Carville predicts, will tell Vice President JD Vance — who would become president should Trump resign — that as president Vance can likely pardon himself. And while there is “some uncertainty as to whether you can do that,” there is “no uncertainty” as to whether a President Vance can pardon Trump and his family.

“So, I’m sticking with my prediction,” says Carville. “I think the son of a b—— is just going to walk away.”

 

Image via Reuters 

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‘Five-Alarm Fire Bell at GOP HQ’: Conservative Warns of Brutal November for Republicans

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Republican National Committee leadership is staring at a “five-alarm fire bell,” conservative analyst Henry Olsen warns, as President Donald Trump’s sinking poll numbers put the GOP’s Senate majority at risk in November.

“The Republicans’ Senate fortunes,” Olsen writes at The Washington Post, “are tied to the man in the Oval Office. If the president can recover his standing even a few points, the GOP will probably retain Senate control. But all bets are off if he remains as unpopular as he is now.”

Olsen, a longtime Republican strategist and a senior fellow at the Ethics and Public Policy Center, explains that at the start of the year the road map for Democrats looked daunting. They had to gain four Senate seats to win the majority, while holding three open seats — Minnesota, New Hampshire and Michigan — that were seen as “far from safe.”

At best, the “most politically favorable remaining states” on the Senate map — Ohio, Iowa and Alaska — “were all carried by Trump by over 10 points. Democrats have not won a Senate seat in a state that red since 2018, when Jon Tester prevailed in Montana and Joe Manchin carried West Virginia.”

The tables have turned, and now it is Republicans who are facing an uphill battle.

Democrats are “leading or statistically tied in all of the seats they need to retain,” and “also lead or are statistically tied in six GOP-held states: Alaska, Iowa, Maine, North Carolina, Ohio and Texas.”

Plus, retired Army Lt. Col. Alexander Vindman, the expected Democratic nominee for Senate in Florida, is ahead of Republican U.S. Senator Ashley Moody, according to one recent poll.

Of course, as Olsen suggests, the campaigns have yet to get into full swing, there is still time, and the Democrats’ Maine nominee, Graham Platner, could be seen as a wild card.

“Perhaps Platner’s troubles will allow Collins to equal or slightly surpass her earlier result, but even then, the vast majority of her support will come from Trump approvers,” says Olsen. “If that total is under 40 percent, as it surely is right now, Collins probably won’t win.”

“But surely no one in the Republican high command thought they would be trailing or tied in 10 critical Senate races at this stage,” writes Olsen. “That sound you hear is a five-alarm fire bell at GOP HQ.”

In today’s polarized era, Olsen notes, many voters back their party rather than the candidate — and a party whose leader is underwater on most key issues weighs on every candidate on the ticket.

 

Image via Reuters 

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