Commentary

Experts: Suing the Government Not an Option to End Shutdown

NNPA NEWSWIRE — “What I fear is this administration and our Republican colleagues in the Senate have forgotten is that this is the people’s house,” said U.S. Rep. Mary Gay Scanlon (D-Pennsylvania).

Published

7 years ago

January 20, 2019

Oakland Post

By Stacy M. Brown, NNPA Newswire Correspondent
@StacyBrownMedia

As the government shutdown enters an unprecedented fifth week, some are calling for drastic measures to end the stalemate that has 800,000 government employees either working without pay or altogether furloughed and unable to put food on the table.

In a recent column, Charles Ellison, a political strategist and host of the radio program, “Reality Check” on WURD Radio, said Congressional Republicans could help re-open the government by simply corralling enough votes in both the House and Senate to arrive at the two-thirds majority needed to override any Presidential veto of the federal budget.

But Congressional Republicans – led by Senate Majority Leader Mitch McConnell (R-KY) — refuse to do that. McConnel claims that not only is he awaiting a deal between Congressional Democrats and the White House, but he also needs approval from the president before taking action.

“Which brings to mind three questions:

Why haven’t Congressional Democrats sued Congressional Republicans?
Could states do that instead?
Why are Members of Congress still getting paid?”

“I don’t know if suing will get us anywhere in any type of manner,” said Delaware County, Pennsylvania Democratic Chair Colleen Guiney.

“I’m not sure if it’s an option but Democrats in Congress have seven bills to reopen the government, but McConnell is refusing to consider any of the bills. The Senate should respect the will of the people,” Guiney said.

U.S. Rep. Mary Gay Scanlon (D-Pennsylvania) said she and other Democrats have worked tirelessly to find and offer solutions to reopen the government as thousands of federal employees have gone without pay and are struggling to pay their bills and feed their families.

“What I fear is this administration and our Republican colleagues in the Senate have forgotten is that this is the people’s house,” Scanlon said. “We have an obligation to work for them. Refusing to uphold that commitment, that promise, is a slap in the face to the American people,” she said.

Former Pennsylvania Republican Rep. Alex Charlton said his guess is that if Congressional Democrats did sue Congressional Republicans it would be the “nuclear option.”

“It would significantly delay any progress towards an actual resolution,” he said.

Unlike the federal government, a state-level government shutdown in Pennsylvania is unlikely because a court decision mandates that state employees must be paid as long as the state is still collecting tax revenue, Charlton added.

“The Republican legislature has been diligent in ensuring that the state’s expenses do not outpace its revenue. Any increase beyond that would require tax increases, which the citizens of Pennsylvania do not want,” he said.

As to why federal lawmakers continue to draw a paycheck despite the shutdown, Charlton said the salaries of U.S. senators and representatives are paid by the treasury and are set by Congress itself.

“Members of Congress are paid under legislation that is separate from the appropriations bill that funds most of the government. The tax dollars that members of Congress are paid with do not come from the same budget used to pay other federal employees,” Charlton said.

Terry Madonna, a professor of Public Affairs and Director of the Center for Politics and Public Affairs at Franklin and Marshall College, said there’s no basis for a lawsuit.

“It’s a legislative function not a judiciary one,” Madonna said.

“Folks injured by the shutdown might sue but the courts would get involved in the separation of powers doctrine. That’s been in the courts now, but a federal judge refused to rule on the charge,” he said.

More pointedly, Professor Garrett Epps who’s a professor of law at the University of Baltimore, said the Constitution would not allow members of Congress to be sued for any vote or failure to vote in Congress because the Speech or Debate Clause would cover that.

“I also know that this shutdown only affects one-quarter of the federal budget so quite a few employees are still being paid like members of Congress,” Epps said.

Further, it’s Congress’ job and they make the rules so there’s no legal penalty if they don’t reopen the government, said Justin Levitt, a Constitutional law scholar and professor at Loyola Law School.

“The Constitution allows Congress to fund government, and everybody assumes that federal officials would want federal activity. But it doesn’t require Congress to fund the government,” Levitt said.

“So there’s nothing to be gained by a lawsuit. It would fail,” he said, noting that there’s currently a federal lawsuit by federal officials who aren’t getting paid, saying that it violates the 13th Amendment to force them to come to work unpaid.

However, “the courts so far have said that because those officials could quit and get another job, they don’t win either. At least so far,” Levitt said.

Also, another reason members of Congress continue to receive their pay despite the shutdown is that 75 percent of the government had already been funded prior to the shutdown, Levitt said.

“Some members have refused their salary or donated their salary, but not everybody. Ultimately, the pressure here is going to be political, rather than legal. Enough people get ticked off, and then this shutdown ends,” Levitt said.

Finally, Michael J. Gerhart who’s the Samuel Ashe Distinguished Professor of Constitutional Law at the University of North Carolina School of Law in Chapel Hill, said the shutdown is all governed by politics.

“That is, McConnell remains politically accountable for his decisions, just as Trump and the Democrats are politically accountable for theirs,” Gerhart said.

“McConnell has the power under Senate rules to block votes on legislative matters he does not wish to bring to a vote, and there is no legal basis on which Democrats could challenge his decision.”

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Advice

Support Your Child’s Mental Health: Medi-Cal Covers Therapy, Medication, and More

Published

3 hours ago

December 14, 2025

Oakland Post

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When children struggle emotionally, it can affect every part of their lives — at home, in school, with friends, and even their physical health. In many Black families, we’re taught to be strong and push through. But our kids don’t have to struggle alone. Medi-Cal provides mental health care for children and youth, with no referral or diagnosis required.

Through California Advancing and Innovating Medi-Cal (CalAIM), the state is transforming how care is delivered. Services are now easier to access and better connected across mental health, physical health, and family support systems. CalAIM brings care into schools, homes, and communities, removing barriers and helping children get support early, before challenges escalate.

Help is Available, and it’s Covered

Under Medi-Cal, every child and teen under age 19 has the right to mental health care. This includes screenings, therapy, medication support, crisis stabilization, and help coordinating services. Parents, caregivers, and children age 12 or older can request a screening at any time, with no diagnosis or referral required.

Medi-Cal’s Mental Health and Substance Use Disorder Program

For children and youth with more serious mental health needs, including those in foster care or involved in the justice system, Medi-Cal offers expanded support, including:

Family-centered and community-based therapy to address trauma, behavior challenges, or system involvement.
Wraparound care teams that help keep children safely at home or with relatives.
Activity funds that support healing through sports, art, music, and therapeutic camps.
Initial joint behavioral health visits, where a mental health provider and child welfare worker meet with the family early in a case.
Child welfare liaisons in Medi-Cal health plans who help caregivers and social workers get services for children faster

Keeping Kids Safe from Opioids and Harmful Drugs

DHCS is also working to keep young people safe as California faces rising risks from opioids and counterfeit pills. Programs like Elevate Youth California and Friday Night Live give teens mentorship, leadership opportunities, and positive outlets that strengthen mental well-being.

Through the California Youth Opioid Response, families can learn how to avoid dangerous substances and get treatment when needed. Song for Charlie provides parents and teens with facts and tools to talk honestly about mental health and counterfeit pills.

DHCS also supports groups like Young People in Recovery, which helps youth build skills for long-term healing, and the Youth Peer Mentor Program, which trains teens with lived experience to support others. These efforts are part of California’s strategy to protect young people, prevent overdoses, and help them make healthier choices.

Support for Parents and Caregivers

Children thrive when their caregivers are supported. Through CalAIM’s vision of whole-person care, Medi-Cal now covers dyadic services, visits where a child and caregiver meet together with a provider to strengthen bonding, manage stress, and address behavior challenges.

These visits may include screening the caregiver for depression or anxiety and connecting them to food, housing, or other health-related social needs, aligning with CalAIM’s Community Supports framework. Notably, only the child must be enrolled in Medi-Cal to receive dyadic care.

Family therapy is also covered and can take place in clinics, schools, homes, or via telehealth, reflecting CalAIM’s commitment to flexible, community-based care delivery.

Additionally, BrightLife Kids offers free tools, resources, and virtual coaching for caregivers and children ages 0–12. Families can sign up online or through the BrightLife Kids app. No insurance, diagnosis, or referral is required.

For teens and young adults ages 13–25, California offers Soluna, a free mental health app where young people can chat with coaches, learn coping skills, journal, or join supportive community circles. Soluna is free, confidential, available in app stores, and does not require insurance.

CalHOPE also provides free emotional support to all Californians through a 24/7 support line at (833) 317-HOPE (4673), online chat, and culturally responsive resources.

Support at School — Where Kids Already Are

Schools are often the first place where emotional stress is noticed. Through the Children and Youth Behavioral Health Initiative (CYBHI), public schools, community colleges, and universities can offer therapy, counseling, crisis support, and referrals at no cost to families.

Services are available during school breaks and delivered on campus, by phone or video, or at community sites. There are no copayments, deductibles, or bills.

Medi-Cal Still Covers Everyday Care

Medi-Cal continues to cover everyday mental health care, including therapy for stress, anxiety, depression, or trauma; medication support; crisis stabilization; hospital care when needed; and referrals to community programs through county mental health plans and Medi-Cal health plans.

How to Get Help

Talk to your child’s teacher, school counselor, or doctor.
In Alameda County call 510-272-3663 or the toll-free number 1-800-698-1118 and in San Francisco call 855-355-5757 to contact your county mental health plan to request an assessment or services.
If your child is not enrolled in Medi-Cal, you can apply at com or my.medi-cal.ca.gov.
In a mental health emergency, call or text 988, the Suicide and Crisis Lifeline.

Every child deserves to grow up healthy and supported. Medi-Cal is working to transform care so it’s accessible, equitable, and responsive to the needs of every family.

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Activism

2025 in Review: Seven Questions for Black Women’s Think Tank Founder Kellie Todd Griffin

As the president and CEO of the California Black Women’s Collective Empowerment Institute, Griffin is on a mission to shift the narrative and outcomes for Black women and girls. She founded the nation’s first Black Women’s Think Tank, securing $5 million in state funding to fuel policy change.

Published

3 hours ago

December 14, 2025

Oakland Post

Kellie Todd Griffin. CBM file photo.

By Edward Henderson
California Black Media

With more than 25 years of experience spanning public affairs, community engagement, strategy, marketing, and communications, Kellie Todd Griffin is recognized across California as a leader who mobilizes people and policy around issues that matter.

Griffin spoke with California Black Media (CBM) about her successes and setbacks in 2025 and her hopes for 2026.

Looking back at 2025, what stands out to you as your most important achievement and why? 

Our greatest achievement in this year is we got an opportunity to honor the work of 35 Black women throughout California who are trailblazing the way for the next generation of leaders.

How did your leadership, efforts and investments as president and CEO California Black Women’s Collective Empowerment Institute contribute to improving the lives of Black Californians? 

We’re training the next leaders. We have been able to train 35 women over a two-year period, and we’re about to start a new cohort of another 30 women. We also have trained over 500 middle and high school girls in leadership, advocacy, and financial literacy.

What frustrated you the most over the last year?

Getting the question, “why.” Why advocate for Black women? Why invest in Black people, Black communities? It’s always constantly having to explain that, although we are aware that there are other populations that are in great need, the quality-of-life indices for Black Californians continue to decrease. Our life expectancies are decreasing. Our unhoused population is increasing. Our health outcomes remain the worst.

We’re not asking anyone to choose one group to prioritize. We are saying, though, in addition to your investments into our immigrant brothers and sisters – or our religious brothers and sisters – we are also asking you to uplift the needs of Black Californians. That way, all of us can move forward together.

What inspired you the most over the last year?

I’ve always been amazed by the joy of Black women in the midst of crisis.

That is really our secret sauce. We don’t let the current state of any issue take our joy from us. It may break us a little bit. We may get tired a little bit. But we find ways to express that – through the arts, through music, through poetry.

What is one lesson you learned in 2025 that will inform your decision-making next year?

Reset. It’s so important not to be sitting still. We have a new administration. We’re seeing data showing that Black women have the largest unemployment rate. We’ve lost so many jobs. We can have rest – we can be restful – but we have to continue the resistance.

In one word, what is the biggest challenge Black Californians faced in 2025?

Motivation.

I choose motivation because of the tiredness. What is going to motivate us to be involved in 2026?

What is the goal you want to achieve most in 2026?

I want to get Black Californians in spaces and places of power and influence – as well as opportunities to thrive economically, socially, and physically.

Oakland Post

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Activism

BRIDGE Housing President and CEO Ken Lombard Scores Top Honors for Affordable Housing Leadership

The Development Company of the Year honor represents a milestone for BRIDGE Housing, which received the Gold award—its top designation—in a category that included both affordable and market-rate developers. The recognition caps what has been one of the strongest growth periods in the organization’s 42-year history.

Published

5 hours ago

December 14, 2025

Oakland Post

BRIDGE Housing President and CEO Ken Lombard. Courtesy of BRIDGE Housing.

By the Oakland Post Staff

San Francisco-based BRIDGE Housing and its president and CEO, Ken Lombard, have been named among the nation’s housing industry standouts, earning two of the top prizes at the 2025 Multi-Housing News Excellence Awards.

BRIDGE Housing was named Development Company of the Year, while Lombard received Executive of the Year, recognition that places the nonprofit affordable housing provider alongside leading national developers of both affordable and market-rate housing.

The awards were announced in New York for the accomplishments achieved during 2024.

Multi-Housing News is one of the industry’s most respected publications. Award winners are selected by a panel of housing professionals, including multifamily developers, architects, and owners.

“BRIDGE Housing is deeply honored to be recognized by Multi-Housing News and our industry peers,” Lombard said. “These awards are a testament to the high-impact, mission-driven work by BRIDGE’s exceptional team to deliver quality affordable housing and support services that empower residents to improve their lives.”

In 2024, BRIDGE significantly expanded its footprint across California, Oregon, and Washington. That momentum continued into 2025, with portfolio growth of 9%, including the addition of nine new communities and 1,187 new or acquired affordable housing units. The nonprofit also added three new projects to its development pipeline as it nears a portfolio of 16,000 units.

The growth reflects a broader strategy aimed at accelerating both acquisitions and ground-up development, supported by partnerships with major financial institutions and innovative capital markets strategies. BRIDGE has also emphasized high-quality design and deep community engagement as central elements of its approach.

BRIDGE became the first affordable housing developer to issue tax-exempt construction bonds for one of the largest affordable housing projects in Portland, Ore., leveraging its strong credit rating.

Earlier this year, the nonprofit launched the BRIDGE Housing Impact Fund, with a goal of investing $1 billion to preserve and create affordable housing. It also closed on $175 million in taxable general-obligation bonds after increasing the offering in response to strong investor demand.

The company’s performance also underscores the role of Lombard, who has led BRIDGE since 2021 and was honored individually for his leadership.

Under Lombard’s tenure, BRIDGE has built a new leadership team with experience drawn from both the nonprofit and private sectors, with a particular focus on what the organization describes as efforts to “break the status quo,” especially in affordable housing finance. Those initiatives have helped reduce capital and construction costs, strengthen relationships with institutional investors, and expand resident support services.

Today, BRIDGE Housing serves more than 33,000 residents across 139 communities on the West Coast.

“Ken has dedicated his career to innovative real estate solutions that improve the quality of life in underserved neighborhoods,” said Kenneth Novack, chair of BRIDGE Housing’s board of directors. “His visionary leadership and the work of our incredible team have positioned BRIDGE for long-term growth that will extend our impact throughout the West Coast.”

Founded in 1983, BRIDGE Housing has helped create more than 23,000 affordable homes with a total development cost of $6 billion.