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RISE salutes Rep. Paul Baumbach for bills on Medicare privatization for Delaware retirees

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RISE salutes Rep. Paul Baumbach for bills on Medicare privatization for Delaware retirees



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A special heartfelt thank you to state Rep. Paul Baumbach from all retirees and RISE members for HB 281 and HB 282. Just look at all those sponsors he has gotten onboard and more have signed on since he prefiled:

As far back as mid-August in 2022, when Councilwoman Lisa Diller and I decided to found RISE Delaware, we realized that it would take a massive, organized effort on everyone’s part to stop the state of Delaware from imposing its Medicare Advantage plan on its current and future retirees. Joined by Connie Merlet we decided to formally create and incorporate the entity “Retirees Investing in Social Equity” known as RISE Delaware.

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We agreed that retirees must organize and force a change in the Carney administration’s plan to privatize Medicare. The state plan being proposed at that time would impede the health care access for over 28,000 state pensioners including state of Delaware retirees and retired Delaware teachers, as well as college and university faculty covered through the state of Delaware’s health benefits — including police and firefighters and other first responders. Please refer to my guest post of Aug. 18, 2022 in the Delaware State News for more details.

RISE Delaware organized its first rally on Oct. 4, 2022 at the Lewis Redding Building in Wilmington and despite a driving rainstorm more than 50 people showed up to protest the proposal to take away their promised benefits. We scheduled another rally on Oct. 12, 2022 in Dover at Legislative Hall and more than 150 people attended to support and vocalize their opposition to the Medicare privatization plan that the administration was threatening them with. RISE hosted numerous other rallies and engagement sessions with legislators. On June 13, 2023, we held a rally in Dover at Legislative Hall with well more than 150 people in attendance. The Delaware State News did an excellent job of covering these rallies and an important point was raised. As a RISE cofounder and rally organizer I was obligated to remind those in attendance not to rely on ongoing litigation for their benefits to be honored, instead insisting that retirees reach out to their elected officials to take legislative action. This is what I said:

“The battle is not going to be won solely by the courts. It’s going to be by laws changing towards taking action. So, as much as we need to fight in the courts to preserve, at least temporarily, our rights, that is not where the war is going to be won.”

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During 2023, RISE Delaware held several other rallies against Medicare Advantage throughout the state. The rallies and social media efforts have helped the organization develop a network of retirees who have generously supported the legal efforts of RISE.

Despite the success of the lawsuit granting our organization a temporary stay of the Medicare Advantage mandate, we. At RISE, had always been aware that a permanent solution to stopping this privatization effort would have to come via legislators passing laws that would guarantee fairness and health care access for all current retirees and spouses and for future retirees.

More perspective: Enough is enough: Delaware retirees deserve health benefits they were promised

Now I’d like to recognize and thank a special legislator, Baumbach, who, as the vice chair of the Retiree Healthcare Benefits Advisory Subcommittee, also realized that a permanent solution would have to be made in law. Baumbach took legislation that state Rep. William Carson Jr. and I had worked on together and crafted into a more formidable and doable group of bills that would benefit all retirees current and future. These bills are HB 281 and HB 282. I cannot overestimate the debt of gratitude all of us retirees owe to Baumbach but be assured that now is the time for all RISE members, activists, and supporters to email, hard-mail and call their representatives and senators and tell them to support and vote for these two very important pieces of legislation.

John Kowalko is a retired state representative who represented the 25th district and is a cofounder of RISE.

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Delaware Supreme Court upholds reforms to curb ‘DExit’ concerns

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Delaware Supreme Court upholds reforms to curb ‘DExit’ concerns


This story was produced by Spotlight Delaware as part of a partnership with Delaware Online/The News Journal. For more about Spotlight Delaware, visit www.spotlightdelaware.org.

A Delaware law passed last year in the wake of escalating assaults on the state’s corporate brand shielded powerful company leaders from facing certain lawsuits brought by smaller investors. 

What it didn’t do was violate the Delaware Constitution, the state Supreme Court ruled on Friday, Feb. 27. 

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More than three months after hearing arguments, the justices ruled that the corporate law reform – known as Senate Bill 21 – did not strip Delaware’s prominent Court of Chancery of its constitutional authority to decide when a business deal is fair.

“The General Assembly’s enactment of SB 21 falls within the ‘broad and ample sweep’ of its legislative power,” the justices stated.

The ruling ends a bruising fight in Delaware over when the state’s business court should allow small-time investors to interrogate insider deals struck within companies by founders or other business leaders.

The ruling also averts what could have been an embarrassment for the state’s legal and political establishment had the high court overturned the law. 

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More than a year ago, Tesla CEO Elon Musk — the world’s richest person — was calling on business leaders to move their companies’ legal homes out of Delaware. Musk had launched the campaign, which became known as “DExit,” after a Delaware Chancery Court judge ruled that he could not accept a multibillion-dollar pay package from Tesla.  

Just as the campaign appeared to be gaining a foothold, Gov. Matt Meyer, legislative leaders, and Delaware attorneys who represent corporations threw their collective heft behind SB 21.

They argued then that the legislation amounted to a “course correction” that would bring the state’s business courts back into alignment with rulings from a decade ago. Many also said the bill was needed to pacify executives who were considering following Musk’s calls to move their companies’ legal homes out of Delaware.

In response, a cadre of critics — which included national law professors, pension fund attorneys, and a handful of progressives within the Delaware legislature — derided SB 21 as a “billionaires bill.” 

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Some also argued that the legislation was the latest in a string of recent changes to Delaware corporate law that have shifted the state away from protecting shareholder rights and toward giving greater deference to powerful executives.

Meyer and others SB 21 supporters rejected those characterizations last year. And on Friday, he celebrated the Supreme Court’s ruling.

In a statement, he said the decision affirms that “Delaware is the gold standard locale for global companies to do business.” He also stated that the number of companies that maintain their legal home in Delaware had increased throughout 2025 despite the DExit campaign.

“In short, SB 21 is working, and I’m glad it will continue to be the law,” Meyer said.  

The legal arguments for SB 21

When arguing against SB 21 in front of the Supreme Court last fall, one attorney asserted that the new law removed the Chancery Court’s time-honored and constitutional duty to say what is fair – or equitable – in a business dispute.  

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The attorney, Gregory Varallo, argued that by removing a shareholders’ ability to sue their company, the law reduced what he described as the immutable power of the Court of Chancery to oversee a “complete system of equity.”

During his arguments, Varallo also offered the justices an unusual acknowledgement, stating that he knew that his stance was unpopular — and that he understood “well the pressures on this court.”

The comments were a likely reference to the consensus of big business groups and the state’s political establishment that believed SB 21 was necessary for Delaware to remain the world’s preeminent corporate domicile. 

Following Varallo, Washington, D.C.-based attorney Jonathan C. Bond defended SB 21, in part, by characterizing his opponents arguments as unprecedented. If adopted, he said they would imperil several existing Delaware laws that go back decades. 

He also argued that changing the rules of corporate law – as SB 21 did – “is the same as wiping out jurisdiction merely because it makes some plaintiff’s claims harder.”

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Also arguing in favor of SB 21 during the hearing was William Savitt, an attorney with the  Wachtell, Lipton, Rosen & Katz – among the most prominent corporate law firms in the country.

Last spring, Meyer hired Savitt’s firm to represent the state in the legal defense of SB 21 for a budget rate of $100,000. By comparison, Wachtell Lipton charged Twitter $90 million in 2022 to ferry that company through its arduous, four-month-long acquisition by Elon Musk.

Wachtell’s client list also includes Mark Zuckerberg and other Meta executives and board members, who last summer settled a seven-year-long, multibillion-dollar shareholder lawsuit in the Delaware Chancery Court.

During his arguments on SB 21, Savitt said equity as determined by judges must follow the statutes created by the legislature, and “not displace the law.” 

“No natural reading of the words (of the Delaware Constitution) support plaintiff’s position,” he said. 

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Police identify victim of Wilmington motorcycle crash

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Police identify victim of Wilmington motorcycle crash


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State police identified 29-year-old Brian Silva of New Castle as the victim of a fatal motorcycle crash in Wilmington.

Silva was riding a Harley-Davidson northbound on Dupont Highway approaching Millside Drive in Wilmington around 3:30 p.m. on Feb. 27 when it collided with the rear of a stopped Lexus at that intersection, police said. Silva was ejected from the motorcycle. He was taken to the hospital, where he died.

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Delaware State Police are still investigating this incident, and anyone with information is encouraged to reach out to them or to Delaware Crime Stoppers.



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When will Delaware warm up? After snow, ice Tuesday, temps will rise

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When will Delaware warm up? After snow, ice Tuesday, temps will rise


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Meteorological winter has ended and we’ve entered spring.

However, there’s still a last winter blast hitting Delaware early this week before a spring warm up hits at the end of the week.

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Here’s a look at the Delaware forecast.

Will Delaware see more snow?

After a brisk Monday, March 2 with sunny skies and highs only reaching 35 degrees, there’s a chance of snow after 1 a.m. Tuesday, March 3 with freezing rain after 4 a.m. in New Castle County. Snow and freezing rain are expected before noon Tuesday, March 3. The county may receive less than a half inch of accumulation.

In Kent County and Sussex County, there’s a chance of snow and freezing rain after 1 a.m. Tuesday, March 3.

When will it warm up in Delaware?

It will start feeling like spring as warmer air moves into the First State on Tuesday evening, March 3, but wet weather is coming as well.

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Rain is predicted from Tuesday, March 3 through Friday, March 5, but spring-like temperatures will make it bearable. In New Castle County temperatures will range from the mid-50s on Wednesday, March 3 to the 60s on Thursday, March 4 and Friday, March 5. Kent County should see temperatures in the 60s and Sussex County will see 70s during the mid- to later part of the week

What’s the weekend forecast?

Remember when you were daydreaming about warm weather during the polar vortex or blizzard? Well, it is coming next weekend.

The forecast is calling for sunny to partly sunny skies throughout Delaware on Saturday, March 7 and Sunday, March 8. Highs will reach the upper 60s in the north to the low 70s in the south.

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