Entries Tagged as 'Politics'

Bush v. Gore

At a law school Supreme Court conference that I attended last fall, there was a panel on “The Rehnquist Court.” No one mentioned Bush v. Gore, the most historic case of William Rehnquist’s time as chief justice, and during the Q. and A. no one asked about it. When I asked a prominent law professor about this strange omission, he told me he had been invited to participate in another Rehnquist retrospective, and was told in advance that Bush v. Gore would not be discussed.

The ruling that stopped the Florida recount and handed the presidency to George W. Bush is disappearing down the legal world’s version of the memory hole, the slot where, in George Orwell’s “1984,” government workers disposed of politically inconvenient records. The Supreme Court has not cited it once since it was decided, and when Justice Antonin Scalia, who loves to hold forth on court precedents, was asked about it at a forum earlier this year, he snapped, “Come on, get over it.”

There is a legal argument for pushing Bush v. Gore aside. The majority opinion announced that the ruling was “limited to the present circumstances” and could not be cited as precedent. But many legal scholars insisted at the time that this assertion was itself dictum — the part of a legal opinion that is nonbinding — and illegitimate, because under the doctrine of stare decisis, courts cannot make rulings whose reasoning applies only to a single case.

Bush v. Gore’s lasting significance is being fought over right now by the Ohio-based United States Court of Appeals for the Sixth Circuit, whose judges disagree not only on what it stands for, but on whether it stands for anything at all. This debate, which has been quietly under way in the courts and academia since 2000, is important both because of what it says about the legitimacy of the courts and because of what Bush v. Gore could represent today. The majority reached its antidemocratic result by reading the equal protection clause in a very pro-democratic way. If Bush v. Gore’s equal protection analysis is integrated into constitutional law, it could make future elections considerably more fair.

The heart of Bush v. Gore’s analysis was its holding that the recount was unacceptable because the standards for vote counting varied from county to county. “Having once granted the right to vote on equal terms,” the court declared, “the state may not, by later arbitrary and disparate treatment, value one person’s vote over that of another.” If this equal protection principle is taken seriously, if it was not just a pretext to put a preferred candidate in the White House, it should mean that states cannot provide some voters better voting machines, shorter lines, or more lenient standards for when their provisional ballots get counted — precisely the system that exists across the country right now.

The first major judicial test of Bush v. Gore’s legacy came in California in 2003. The N.A.A.C.P., among others, argued that it violated equal protection to make nearly half the state’s voters use old punch-card machines, which, because of problems like dimpled chads, had a significantly higher error rate than more modern machines. A liberal three-judge panel of the United States Court of Appeals for the Ninth Circuit agreed. But that decision was quickly reconsidered en banc —that is, reheard by a larger group of judges on the same court — and reversed. The new panel dispensed with Bush v. Gore in three unilluminating sentences of analysis, clearly finding the whole subject distasteful.

The dispute in the Sixth Circuit is even sharper. Ohio voters are also challenging a disparity in voting machines, arguing that it violates what the plaintiffs’ lawyer, Daniel Tokaji, an Ohio State University law professor, calls Bush v. Gore’s “broad principle of equal dignity for each voter.” Two of the three judges who heard the case ruled that Ohio’s election system was unconstitutional. But the dissenting judge protested that “we should heed the Supreme Court’s own warning and limit the reach of Bush v. Gore to the peculiar and extraordinary facts of that case.”

The state of Ohio asked for a rehearing en banc, arguing that Bush v. Gore cannot be used as precedent, and the full Sixth Circuit granted the rehearing. It is likely that the panel decision applying Bush v. Gore to elections will, like the first California decision, soon be undone.

There are several problems with trying to airbrush Bush v. Gore from the law. It undermines the courts’ legitimacy when they depart sharply from the rules of precedent, and it gives support to those who have said that Bush v. Gore was not a legal decision but a raw assertion of power.

The courts should also stand by Bush v. Gore’s equal protection analysis for the simple reason that it was right (even if the remedy of stopping the recount was not). Elections that systematically make it less likely that some voters will get to cast a vote that is counted are a denial of equal protection of the law. The conservative justices may have been able to see this unfairness only when they looked at the problem from Mr. Bush’s perspective, but it is just as true when the N.A.A.C.P. and groups like it raise the objection.

There is a final reason Bush v. Gore should survive. In deciding cases, courts should be attentive not only to the Constitution and other laws, but to whether they are acting in ways that promote an overall sense of justice. The Supreme Court’s highly partisan resolution of the 2000 election was a severe blow to American democracy, and to the court’s own standing. The courts could start to undo the damage by deciding that, rather than disappearing down the memory hole, Bush v. Gore will stand for the principle that elections need to be as fair as we can possibly make them.

Has Bush v. Gore Become the Case That Must Not Be Named?
By Adam Cohen
Published: August 15, 2006; The New York Times

Originally posted 2010-09-09 02:00:33.

This is a mistake that we will pay for for years to come!

Yes, today is Pearl Harbor day, but the title isn’t what Japan’s Admiral Yamamoto said after the attack (that was in fact, “I fear we have awakened a sleeping tiger and filled it with a great resolve”) — it’s actually what Richard Gephardt (of Missouri), then Democratic House Leader, said about the $1.6 trillion in tax cuts that then President George W Bush singed into effect after stepping into the presidency in January 2001.

Georgie and his buddies the conservatives taunted that the huge surplus amassed under the eight years of prosperity of President Bill Clinton was the result of the American government overcharging the average person in taxes.  So they concocted a tax cut (40% of which was targeted at the wealthiest 1% of Americans) which would reverse the projected $5.6 trillion surplus over the next ten years.

Well, ten years later this country is in the worst economic condition since the great depression — unemployment (even by government figures) is in double digits, and there’s really no sign of substantial improvement on the horizon and there’s a debate about renewing those tax cuts…

For the average American the tax cuts makes no difference; even for fairly wealthy Americans they don’t make much difference — it’s really only for the wealthiest of the wealthy that they tax cuts make a substantial difference; or put plainly, it benefits those who are doing fine — and in the long run may harm those who are barely hanging on.

We don’t have a budget surplus any longer (in fact, I’d argue we never had a budget surplus — we had a debt that we could have, and should have, paid down).

President Obama has proposed a tax plan that will give most Americans the same tax savings that the old Bush plan did, but it will remove the tax cuts that the richest Americans got… but I’m not sure we shouldn’t be finding a more equitable way to tax rather than continuing to convolute the tax laws so that those with wealth and power can twist the law to serve their needs.

Originally posted 2010-09-07 02:00:43.

Off Shore Drilling

For years the oil and gas companies have been telling us (the American public) how safe off shore drilling is, and they’ve been trying to convince us that they have contingencies for anything that might happen, and that there’s no substantial risk to our environment.

Well, take a look at the Deepwater Horizon oil platform in the relatively tame Gulf of Mexico and the inability of the world’s largest oil company to stop (or even really slow) a huge oil leak and consider who ill prepared the oil companies would be to handle a spill anything like this is the Gulf of Alaska (or any place near the Artic) in the middle of the Winter — or what could happen in the Gulf of Mexico or Atlantic seaboard during hurricane season.

Yes, I think it’s a travesty that the Federal Government didn’t have any contingency plans for oil spills of this magnitude — but don’t point a finger at the current administration; you’ll find that’s been years and years in the making (and least you forget, we just had an “oil and gas man” in the Whitehouse for eight years), but in the end, it is the industry itself that is ultimately responsible for the impact of their decisions to use such a small amount of their profits to insure the safety of their endeavors — and it is the companies that should be made to pay for the damages they’ve caused.

Damages to the coastal ecosystem of Louisiana, Mississippi, Alabama, and Florida are increasing hourly as BP does little to stem the disaster — except possibly try and contain the public relations damage.  While BP stock is down 40%, first quarter 2010 saw record profits — and in the end, I suspect BP will find a way to pass all the costs and loses onto consumers and reward their investors.  BP CEO Tony Hayward has already assured investors that the company has “considerable firepower” to cope wit the severe costs… but missing are statements to the world that they’ll commit the “firepower” it’ll take resolve this disaster.

Bottom line, perhaps rather than increasing the leases for off-shore drilling it’s time to pull back all the currently unused leases and start heavily fining the oil and gas industry for any and all violations.

NASA Satellites’ View of Gulf Oil Spill

Originally posted 2010-06-07 02:00:25.

Proposition 8 – aka The Mormon Proposition

Two Ideological Foes Unite to Overturn Proposition 8
By Jesse McKinley
Published: January 10, 2010; The New York Times

SAN FRANCISCO — The last time David Boies and Theodore B. Olson  battled in a courtroom, the presidency hung in the balance as they represented opposite sides arguing the fate of the 2000 election.

So Mr. Boies, who worked for Al Gore  in the 2000 case, says he has some perspective on their latest fight. It finds him and Mr. Olson, one of the nation’s most prominent conservative litigators, working together in an attempt to overturn Proposition 8, the 2008 California ballot measure that outlawed same-sex marriage.

“About nine years ago, people accused me of losing the whole country,” said Mr. Boies, a Democrat. “But this time, Ted and I are together.”

Opening statements were expected Monday in Federal District Court in San Francisco, in a case that is being anxiously watched by gay rights groups and supporters of traditional marriage nationwide.

“It’s not just a trial of gay marriage,” said Maggie Gallagher, the president of the National Organization for Marriage, a backer of Proposition 8 and other measures to forbid same-sex marriage nationwide. “It’s a trial of the majority of the American people.”

The case comes at a time when gay groups have suffered several setbacks, including the defeat of same-sex marriage legislation in New York and New Jersey and a vote last fall that overturned such unions in Maine. Efforts to overturn Proposition 8 with another ballot measure in California also face uncertain prospects, with most major groups having decided to wait until at least 2012 to go back to the voters.

All of which has heightened expectations for the Boies and Olson case, filed in the spring after the California Supreme Court upheld Proposition 8, which passed with 52 percent of the vote after a bruising and costly campaign.

Groups advocating equal rights for gay people were planning to rally in front of the courthouse here on Monday morning, and officials were expecting large crowds in the courtroom and in a separate viewing room. Live video and audio were to be piped into federal courthouses in California, New York, Oregon and Washington.

In addition, under a decision last week by Judge Vaughn R. Walker, the district court’s chief judge, who is hearing the case, the trial was to be videotaped and distributed online. Supporters of Proposition 8 have objected to that, and they appealed to the United States Supreme Court on Saturday to keep cameras out of the courtroom.

“The record is already replete with evidence showing that any publicizing of support for Prop. 8 has inevitably led to harassment, economic reprisal, threats and even physical violence,” Charles J. Cooper, the lead counsel for the defense, wrote in a brief to the court. “In this atmosphere, witnesses are understandably quite distressed at the prospect of their testimony being broadcast worldwide.”

Indeed, several of the figures who helped pass Proposition 8 are expected to be called to testify under oath, something that gay rights advocates hope will play in their favor.

“It has the potential to be an extraordinarily powerful teaching moment because it’s going to be televised,” said Jennifer C. Pizer, senior counsel and national marriage project director with the gay civil rights group Lambda Legal in Los Angeles. “This is usually just bandied about on attack TV shows. But this promises to be a serious examination of the arguments in a trial setting, with evidence and cross-examination.”

During the trial, which is expected to last three weeks, Mr. Olson and Mr. Boies plan to argue that Proposition 8 violates the constitutional guarantee of equal protection and due process.

“The biggest challenge with any of the judges we’ll face is simply to get them to focus on the law and the facts and not on the inertia of history,” Mr. Boies said. “I think the only real argument that the other side has is, ‘This is the way its always been.’ ”

But supporters of Proposition 8 say that California voters were well within their rights to establish marriage as between a man and a woman, as voters in more than two dozen other states have done.

“There are very sound public policy reasons to define marriage as one man and woman, including the inevitable fact when you put men and women together, they produce children,” said Jordan Lorence, senior counsel with the Alliance Defense Fund, a conservative Arizona-based group that will argue for Proposition 8. “To put that under the microscope of a compelling state interest test is the wrong thing for the court to be doing.”

Some gay rights groups were also initially skeptical of the case, fearing that Mr. Olson and Mr. Boies lacked expertise in the issue and that a loss in federal court could set back efforts for years to come. But most have since rallied behind it.

“I think that having Olson and Boies lead this effort is phenomenal because it’s not just gay rights activists pushing,” said Geoff Kors, the executive director of Equality California, a gay rights group. “It shows that this is not a partisan issue and not an ideological issue. It’s a clear constitutional issue.”

The case is being financed by a recently established nonprofit advocacy group, the American Foundation for Equal Rights. Chad Griffin, the president of the group’s board, said he had been cheered by the surge of support for the case. “We’re all on the same page,” he said “We all have the same goals.”

Mr. Griffin, a communications specialist who served in the Clinton administration, hired Mr. Boies and Mr. Olson, who are ideologically opposed but are friendly outside the courtroom. On Friday, both men were ensconced in a suite of legal offices in downtown San Francisco, prepping witnesses and getting ready for trial.

And while anticipation was running high, Mr. Boies said that much of the testimony would probably “be a little boring,” even if it were televised.

“You don’t get the drama in the presentation,” he said, “that exists in the importance of the issue.”

Originally posted 2010-09-10 02:00:03.

Happy Thanksgiving Day

In the US Thanksgiving as a harvest festival in North America dates back to September 8, 1565 in what is now Saint Augustine Florida, not the ”politically convenient” Thanksgiving for Christians that’s part of the American myth and historical lie propagated by education in the US (and you just thought it was the Russian view of history that was twisted to suit their political agenda).

Thanksgiving on Wikipedia

Originally posted 2009-11-26 01:00:15.

Liberal? Conservative?

I’m really neither or perhaps both…

I’m extremely conservative when it come to fiscal matters; far more conservative apparently than anyone who get’s elected to government office.  My belief is a country must run it’s finances like an individual has to — you have to pay for what you get, which means you have to make hard choices.

I’m extremely liberal when it comes to social matters; I understand, and appreciate the cost to society of not providing assistance and programs which break the cycle of poverty.  I believe that it’s the responsibility of those who have benefited from our society to help those who have failed to achieve (not quite a Socialist view, but certainly the philosophy of from each according to their ability, to each according to their needs is a guideline for growth).

The problems in this country are deep routed, and there really are no quick fixes; however, there are certainly things that need to be done sooner than later to put us on the road to fixing the ills of this country.

The first, and most important thing, is to get rid of career politicians who serve no one’s interest except their own.

The second is to make long term investments in infrastructure — and I’m not talking about just roads, dams, etc… I’m talking about education, social services… everything that makes life sustainable.

The third it to get rid of special interest influence.

The list of things to do is virtually endless; but if we can achieve those on the top of the list in the next decade I believe we’ll start seeing major improvement… but we have to figure out why we’re where we are, and what has gone wrong — because it will go wrong again.

My BLOG posts are all over the map — but they represent me and my life… remember, anyone worth knowing is complicated.

Originally posted 2010-11-04 02:00:20.

A date which will live in infamy

These are, of course, the words used by FDR in seeking a declaration of war against the Japanese…

There’s a great deal of controversy (still) over how much the government new about the planned attack on Pearl Harbor and why they did so little before it to prevent or reduce the devastation.  I have included a link to the Pearl Harbor Memorial Fund for those of you inclined to help support the renovation of the USS Arizona Memorial’s Museum & Visitor Center.

But on this date of remembrance I feel it’s important to consider the United States involvement in wars in Afghanistan and Iraq; and the first time the United States invaded sovereign nations without having been attacked first.

Where are the weapons of mass destruction Mr Bush?

A former president was impeached for lying about having oral sex in the White House; and act which put no one’s life at risk… yet Mr Bush wasn’t even censured for having lied to the American people and not only putting many Americans at risk, but having many of America’s young return home in body bags.

It is an unfortunately reality that military force may have to be used as a last resort; but when a president open lies and distorts facts to make America the aggressor and uses events to tear away the freedoms that Americans have fought long and hard to win… that is a sign that we are losing, not winning.

On this day we remember… let’s remember recent history as well, and cry out to return America to the proud and the free — to undo the tyranny of the Bush administration and show the world that Americans can and will lead the way to a more prosperous time.

DEMAND YOUR FREEDOM BACK — NOW!

Originally posted 2008-12-07 12:00:58.

Major League Sports – Major League Anti-Trust

Yesterday the Supreme Court of the United States of America ruled against the Nation Football League in a case concerning the NFL’s decision to give Reebok the exclusive merchandising license for all thirty-two NFL teams.

The case was filed against the NFL by Bob and Ron Kronenberger — the owners of American Needle, founded in 1918 by their grandfather who originally approached the Chicago Cubs in 1946 with the idea of selling fan caps similar to those worn by the players.  The first lot sold out in one day; the second in less time — and a (highly profitable) tradition of selling logo’d sports items for professional teams was born.

The Supreme Court ruling isn’t entirely clear on the scope of the anti-trust actions the NFL engaged in, but chief justice Stevens likened the NFL to a cartel.  The case was sent back to lower courts to resolve several issues.

I guess the fact that a price jump of $19 to $30 for a cap didn’t help the NFL’s case in arguing that no harm was done to the public by monopolizing the licensing.

The courts ruling, and subsequent lower court rulings (which may involve jury rulings) will undoubtedly reshape the landscape of all professional sports licensing — hopefully benefiting the consumer, and curbing the greed and lavish profits.

Originally posted 2010-05-25 02:00:52.

Mythbusting Canadian Health Care

This is from an article by Sara Robinson published on Campaign for America’s Future.

1. Canada’s health care system is “socialized medicine.”
False. In socialized medical systems, the doctors work directly for the state. In Canada (and many other countries with universal care), doctors run their own private practices, just like they do in the US. The only difference is that every doctor deals with one insurer, instead of 150. And that insurer is the provincial government, which is accountable to the legislature and the voters if the quality of coverage is allowed to slide.

The proper term for this is “single-payer insurance.” In talking to Americans about it, the better phrase is “Medicare for all.”

2. Doctors are hurt financially by single-payer health care.
True and False. Doctors in Canada do make less than their US counterparts. But they also have lower overhead, and usually much better working conditions. A few reasons for this:

First, as noted, they don’t have to charge higher fees to cover the salary of a full-time staffer to deal with over a hundred different insurers, all of whom are bent on denying care whenever possible. In fact, most Canadian doctors get by quite nicely with just one assistant, who cheerfully handles the phones, mail, scheduling, patient reception, stocking, filing, and billing all by herself in the course of a standard workday.

Second, they don’t have to spend several hours every day on the phone cajoling insurance company bean counters into doing the right thing by their patients. My doctor in California worked a 70-hour week: 35 hours seeing patients, and another 35 hours on the phone arguing with insurance companies. My Canadian doctor, on the other hand, works a 35-hour week, period. She files her invoices online, and the vast majority are simply paid — quietly, quickly, and without hassle. There is no runaround. There are no fights. Appointments aren’t interrupted by vexing phone calls. Care is seldom denied (because everybody knows the rules). She gets her checks on time, sees her patients on schedule, takes Thursdays off, and gets home in time for dinner.

One unsurprising side effect of all this is that the doctors I see here are, to a person, more focused, more relaxed, more generous with their time, more up-to-date in their specialties, and overall much less distracted from the real work of doctoring. You don’t realize how much stress the American doctor-insurer fights put on the day-to-day quality of care until you see doctors who don’t operate under that stress, because they never have to fight those battles at all. Amazingly: they seem to enjoy their jobs.

Third: The average American medical student graduates $140,000 in hock. The average Canadian doctor’s debt is roughly half that.

Finally, Canadian doctors pay lower malpractice insurance fees. When paying for health care constitutes a one of a family’s major expenses, expectations tend to run very high. A doctor’s mistake not only damages the body; it may very well throw a middle-class family permanently into the ranks of the working poor, and render the victim uninsurable for life. With so much at stake, it’s no wonder people are quick to rush to court for redress.

Canadians are far less likely to sue in the first place, since they’re not having to absorb devastating financial losses in addition to any physical losses when something goes awry. The cost of the damaging treatment will be covered. So will the cost of fixing it. And, no matter what happens, the victim will remain insured for life. When lawsuits do occur, the awards don’t have to include coverage for future medical costs, which reduces the insurance company’s liability.

3. Wait times in Canada are horrendous.
True and False again — it depends on which province you live in, and what’s wrong with you. Canada’s health care system runs on federal guidelines that ensure uniform standards of care, but each territory and province administers its own program. Some provinces don’t plan their facilities well enough; in those, you can have waits. Some do better. As a general rule, the farther north you live, the harder it is to get to care, simply because the doctors and hospitals are concentrated in the south. But that’s just as true in any rural county in the U.S.

You can hear the bitching about it no matter where you live, though. The percentage of Canadians who’d consider giving up their beloved system consistently languishes in the single digits. A few years ago, a TV show asked Canadians to name the Greatest Canadian in history; and in a broad national consensus, they gave the honor to Tommy Douglas, the Saskatchewan premier who is considered the father of the country’s health care system. (And no, it had nothing to do with the fact that he was also Kiefer Sutherland’s grandfather.). In spite of that, though, grousing about health care is still unofficially Canada’s third national sport after curling and hockey.

And for the country’s newspapers, it’s a prime watchdogging opportunity. Any little thing goes sideways at the local hospital, and it’s on the front pages the next day. Those kinds of stories sell papers, because everyone is invested in that system and has a personal stake in how well it functions. The American system might benefit from this kind of constant scrutiny, because it’s certainly one of the things that keeps the quality high. But it also makes people think it’s far worse than it is.

Critics should be reminded that the American system is not exactly instant-on, either. When I lived in California, I had excellent insurance, and got my care through one of the best university-based systems in the nation. Yet I routinely had to wait anywhere from six to twelve weeks to get in to see a specialist. Non-emergency surgical waits could be anywhere from four weeks to four months. After two years in the BC system, I’m finding the experience to be pretty much comparable, and often better. The notable exception is MRIs, which were easy in California, but can take many months to get here. (It’s the number one thing people go over the border for.) Other than that, urban Canadians get care about as fast as urban Americans do.

4. You have to wait forever to get a family doctor.
False for the vast majority of Canadians, but True for a few. Again, it all depends on where you live. I live in suburban Vancouver, and there are any number of first-rate GPs in my neighborhood who are taking new patients. If you don’t have a working relationship with one, but need to see a doctor now, there are 24-hour urgent care clinics in most neighborhoods that will usually get you in and out on the minor stuff in under an hour.

It is, absolutely, harder to get to a doctor if you live out in a small town, or up in the territories. But that’s just as true in the U.S. — and in America, the government won’t cover the airfare for rural folk to come down to the city for needed treatment, which all the provincial plans do.

5. You don’t get to choose your own doctor.
Scurrilously False. Somebody, somewhere, is getting paid a lot of money to make this kind of stuff up. The cons love to scare the kids with stories about the government picking your doctor for you, and you don’t get a choice. Be afraid! Be very afraid!

For the record: Canadians pick their own doctors, just like Americans do. And not only that: since it all pays the same, poor Canadians have exactly the same access to the country’s top specialists that rich ones do.

6. Canada’s care plan only covers the basics.
You’re still on your own for any extras, including prescription drugs. And you still have to pay for it.
True — but not as big an issue as you might think. The province does charge a small monthly premium (ours is $108/month for a family of four) for the basic coverage. However, most people never even have to write that check: almost all employers pick up the tab for their employees’ premiums as part of the standard benefits package; and the province covers it for people on public assistance or disability.

“The basics” covered by this plan include 100% of all doctor’s fees, ambulance fares, tests, and everything that happens in a hospital — in other words, the really big-ticket items that routinely drive American families into bankruptcy. In BC, it doesn’t include “extras” like medical equipment, prescriptions, physical therapy or chiropractic care, dental, vision, and so on; and if you want a private or semi-private room with TV and phone, that costs extra (about what you’d pay for a room in a middling hotel). That other stuff does add up; but it’s far easier to afford if you’re not having to cover the big expenses, too. Furthermore: you can deduct any out-of-pocket health expenses you do have to pay off your income taxes. And, as every American knows by now, drugs aren’t nearly as expensive here, either.

Filling the gap between the basics and the extras is the job of the country’s remaining private health insurers. Since they’re off the hook for the ruinously expensive big-ticket items that can put their own profits at risk, the insurance companies make a tidy business out of offering inexpensive policies that cover all those smaller, more predictable expenses. Top-quality add-on policies typically run in the ballpark of $75 per person in a family per month — about $300 for a family of four — if you’re stuck buying an individual plan. Group plans are cheap enough that even small employers can afford to offer them as a routine benefit. An average working Canadian with employer-paid basic care and supplemental insurance gets free coverage equal to the best policies now only offered at a few of America’s largest corporations. And that employer is probably only paying a couple hundred dollars a month to provide that benefit.

7. Canadian drugs are not the same.
More preposterious bogosity. They are exactly the same drugs, made by the same pharmaceutical companies, often in the same factories. The Canadian drug distribution system, however, has much tighter oversight; and pharmacies and pharmacists are more closely regulated. If there is a difference in Canadian drugs at all, they’re actually likely to be safer.

Also: pharmacists here dispense what the doctors tell them to dispense, the first time, without moralizing. I know. It’s amazing.

8. Publicly-funded programs will inevitably lead to rationed health care, particularly for the elderly.
False. And bogglingly so. The papers would have a field day if there was the barest hint that this might be true.

One of the things that constantly amazes me here is how well-cared-for the elderly and disabled you see on the streets here are. No, these people are not being thrown out on the curb. In fact, they live longer, healthier, and more productive lives because they’re getting a constant level of care that ensures small things get treated before they become big problems.

The health care system also makes it easier on their caregiving adult children, who have more time to look in on Mom and take her on outings because they aren’t working 60-hour weeks trying to hold onto a job that gives them insurance.

9. People won’t be responsible for their own health if they’re not being forced to pay for the consequences.
False. The philosophical basis of America’s privatized health care system might best be characterized as medical Calvinism. It’s fascinating to watch well-educated secularists who recoil at the Protestant obsession with personal virtue, prosperity as a cardinal sign of election by God, and total responsibility for one’s own salvation turn into fire-eyed, moralizing True Believers when it comes to the subject of Taking Responsibility For One’s Own Health.

They’ll insist that health, like salvation, is entirely in our own hands. If you just have the character and self-discipline to stick to an abstemious regime of careful diet, clean living, and frequent sweat offerings to the Great Treadmill God, you’ll never get sick. (Like all good theologies, there’s even an unspoken promise of immortality: f you do it really really right, they imply, you might even live forever.) The virtuous Elect can be discerned by their svelte figures and low cholesterol numbers. From here, it’s a short leap to the conviction that those who suffer from chronic conditions are victims of their own weaknesses, and simply getting what they deserve. Part of their punishment is being forced to pay for the expensive, heavily marketed pharmaceuticals needed to alleviate these avoidable illnesses. They can’t complain. It was their own damned fault; and it’s not our responsibility to pay for their sins. In fact, it’s recently been suggested that they be shunned, lest they lead the virtuous into sin.

Of course, this is bad theology whether you’re applying it to the state of one’s soul or one’s arteries. The fact is that bad genes, bad luck, and the ravages of age eventually take their toll on all of us — even the most careful of us. The economics of the Canadian system reflect this very different philosophy: it’s built on the belief that maintaining health is not an individual responsibility, but a collective one. Since none of us controls fate, the least we can do is be there for each other as our numbers come up.

This difference is expressed in a few different ways. First: Canadians tend to think of tending to one’s health as one of your duties as a citizen. You do what’s right because you don’t want to take up space in the system, or put that burden on your fellow taxpayers. Second, “taking care of yourself” has a slightly expanded definition here, which includes a greater emphasis on public health. Canadians are serious about not coming to work if you’re contagious, and seeing a doctor ASAP if you need to. Staying healthy includes not only diet and exercise; but also taking care to keep your germs to yourself, avoiding stress, and getting things treated while they’re still small and cheap to fix.

Third, there’s a somewhat larger awareness that stress leads to big-ticket illnesses — and a somewhat lower cultural tolerance for employers who put people in high-stress situations. Nobody wants to pick up the tab for their greed. And finally, there’s a generally greater acceptance on the part of both the elderly and their families that end-of-life heroics may be drawing resources away from people who might put them to better use. You can have them if you want them; but reasonable and compassionate people should be able to take the larger view.

The bottom line: When it comes to getting people to make healthy choices, appealing to their sense of the common good seems to work at least as well as Calvinist moralizing.

10. This all sounds great — but the taxes to cover it are just unaffordable. And besides, isn’t the system in bad financial shape?
False. On one hand, our annual Canadian tax bite runs about 10% higher than our U.S. taxes did. On the other, we’re not paying out the equivalent of two new car payments every month to keep the family insured here. When you balance out the difference, we’re actually money ahead. When you factor in the greatly increased social stability that follows when everybody’s getting their necessary health care, the impact on our quality of life becomes even more signficant.

And True — but only because this is a universal truth that we need to make our peace with. Yes, the provincial plans are always struggling. So is every single publicly-funded health care system in the world, including the VA and Medicare. There’s always tension between what the users of the system want, and what the taxpayers are willing to pay. The balance of power ebbs and flows between them; but no matter where it lies at any given moment, at least one of the pair is always going to be at least somewhat unhappy.

But, as many of us know all too well, there’s also constant tension between what patients want and what private insurers are willing to pay. At least when it’s in government hands, we can demand some accountability. And my experience in Canada has convinced me that this accountability is what makes all the difference between the two systems.

It is true that Canada’s system is not the same as the U.S. system. It’s designed to deliver a somewhat different product, to a population that has somewhat different expectations. But the end result is that the vast majority of Canadians get the vast majority of what they need the vast majority of the time. It’ll be a good day when when Americans can hold their heads high and proudly make that same declaration.

You can read the complete article and more of what Sara Robinson has to say on OurFuture.org.

Originally posted 2010-03-12 02:00:29.

Mr President, now is the time to be a president.

There is a good article on CNN.com by Donna Brazile on what President Obama could (and should) do to get the economy back on track.

I think she’s got the right idea, but I think she really stops short of just outright saying that the problem isn’t necessarily Obama’s failed programs, it’s his failed leadership.

Now is not the time to sit on the fence Mr President; you’ve tried to build a consensus with congress (you failed to do that when your party had control of both houses, and you’ve continued to fail to do that now that your party doesn’t)… it’s time for you to lead — or to step aside and let someone else do so.

The problems this country has are solvable; but every day we wait to start moving down a path that is likely to put us on the road to get American’s working and to pay down the enormous debt that Republicans and Democrats alike have saddle the current (and future) generation(s) with we simply make the problem harder — and at some point there will not be a solution, the US will simply drift into the fray of third world countries never likely to regain it’s position as a real world leader again.

So, Mr President — be the president; make the hard choices; and move this country forward… it’s not the time to be a politician or a two term hopeful, it’s time to be a president.

 


4 ways Obama can take control to get America back on track by Donna Brazile on CNN.com

Originally posted 2011-08-17 02:00:42.