Uncharted waters

I think Greg Sargent captured the significance of yesterday’s big vote better than anyone I’ve yet read:

Last night’s big health reform victory made history in many ways, but in hard political terms perhaps the key one is this: This is the first landmark piece of reform that passed over the unanimous opposition of one major party.

Both Social Security and Medicare had bipartisan support. While they were both the achievements of Democratic presidents, there isn’t a clear sense in the public mind that it was entirely the work of one party over the implacable opposition of the other one.

Now an achievement of equal magnitude—health care reform, which will dramatically reshape a vital aspect of American life—is about to pass into law as the work of one party and one party alone. The other party emerges from this battle defined entirely by its unanimous opposition to it.

This could have more dramatic repercussions than any of us know right now, perhaps helping define the differences between the two parties for years, in a way that no other major political battle has.

Republicans say—publicly—that this will play in their favor, and claim the public will reward them for showing the fortitude to stand firm against a far-reaching expansion of government into a deeply personal aspect of our lives. Democrats counter that Americans will realize that the dreaded government takeover warned against by reform foes is a caricature—and that once they do, it will reinvigorate the pact between government and the American people.

All this is to say that the real argument underlying this fight—this chapter in the larger ideological showdown over the proper role of government in our lives, an argument that has taken mutiple forms throughout our history—is only beginning. There will now be an actual law that frames and defines this debate. And the fact that each party placed all its chips on competing visions dramatically ups the stakes, with untold consequences to come—not just for the parties, but for the prospects of future far-reaching legislative initiatives.

The one wrinkle he doesn’t catch is the one Jay Cost highlights:

Harold Lasswell defined politics as who gets what, when, and how. By this metric, ObamaCare is bad politics for the foreseeable future. Like any major piece of legislation, this bill assigns winners and losers. The winners will be those who today are uninsured, but who will (eventually) acquire insurance. But there will not be a major reduction in the uninsured until 2014. So, the actual winners are going to be pretty few in number for some time.

Meanwhile, the losers begin to feel the effects immediately. Between now and the next presidential election, ObamaCare is going to pay out virtually zero dollars in benefits, but it will take billions out of Medicare. This is bad for seniors. They have an incentive to oppose portions of this bill (while supporting others, like the closing of the “Doughnut Hole,” which Republicans will never repeal). While the Democrats will claim that this reduction in benefits will have no effect on the quality of their care, CBO is much less certain . . .

After decades of developing a reputation for defending the interests of senior citizens, the Democrats have put it in serious jeopardy with this legislation. And they’ve done so right at the moment when demographic shifts are making the senior population more powerful than ever.

How will it all play out? Only time will tell.

Remember the Law of Unintended Consequences

We human beings have the tendency to forget that we exist within systems of relationships, which are themselves part of larger systems, and that anything we do causes ripple effects. The consequence of this is that we tend to assume that we can change this one thing over here without changing all the other parts of our lives, because everyone else’s behavior will remain the same. Life doesn’t work that way, but we never seem to remember that. This is, I think, the biggest single reason for the Law of Unintended Consequences (which states, in its simplest form, that whatever you do will always produce consequences which you neither intended nor foresaw; Murphy’s codicil to that is that those consequences will usually be negative): we fail to consider that other people will adjust to the changes we make, and thus don’t stop to think about how they are likely to do so.

This is, of course, true on a national and global scale as well as on a personal and local one; and we’ve just gotten a pretty big red flag regarding the possible unintended consequences if ObamaPelosiCare passes. To wit, a survey taken by a leading medical search and consulting firm and reported in the New England Journal of Medicine found this:

The poll finds 46.3% of primary care physicians (family medicine and internal medicine) feel that the passing of a public option will either force them out of medicine or make them want to leave medicine.

Doctors also seem to understand the impact that will have as 72% of physicians feel that a public option would have a negative impact on physician supply, with 45% feeling it will “decline or worsen dramatically” and 27% predicting it will “decline or worsen somewhat.”

Why would they feel this way? Consider:

62.7% of physicians feel that health reform is needed but should be implemented in a more targeted, gradual way, as opposed to the sweeping overhaul that is in legislation.

The respected medical journal also found 41% of physicians feel that income and practice revenue will “decline or worsen dramatically” and 30% feel income will “decline or worsen somewhat” with a public option.

Just 28.7 percent of doctors support the pro-abortion health care bill pending in the House

The assumption tends to be that if doctors and others in health care don’t like the changes the government wants to make, they can just lump it; but that fails to take into account that they do in fact have another option: they can stop seeing patients. Or, alternatively, they can stop seeing some patients (as many doctors and hospitals already restrict the number of Medicare patients they’ll take on), or see them on a different basis.

If this bill passes, will it really mean that nearly half of our primary-care physicians will leave practice? I’m sure it won’t; but will it mean that some leave, and some work fewer hours, and some retire early, and that in general, the availability of doctors drops? For my part, I saw enough “reduced activity days” (read: one-day strikes) by doctors while we were in Canada that I have no doubt it will. How is that going to improve health care?

Proponents of socializing our medical system need to take this very seriously. As the managing partner of the firm that conducted the survey wrote,

Many physicians feel that they cannot continue to practice if patient loads increase while pay decreases. The overwhelming prediction from physicians is that health reform, if implemented inappropriately, could create a detrimental combination of circumstances, and result in an environment in which it is not possible for most physicians to continue practicing medicine.

Health-care reform and increasing government control of medicine may be the final straw that causes the physician workforce to break down.

Remember the Law of Unintended Consequences

We human beings have the tendency to forget that we exist within systems of relationships, which are themselves part of larger systems, and that anything we do causes ripple effects. The consequence of this is that we tend to assume that we can change this one thing over here without changing all the other parts of our lives, because everyone else’s behavior will remain the same. Life doesn’t work that way, but we never seem to remember that. This is, I think, the biggest single reason for the Law of Unintended Consequences (which states, in its simplest form, that whatever you do will always produce consequences which you neither intended nor foresaw; Murphy’s codicil to that is that those consequences will usually be negative): we fail to consider that other people will adjust to the changes we make, and thus don’t stop to think about how they are likely to do so.

This is, of course, true on a national and global scale as well as on a personal and local one; and we’ve just gotten a pretty big red flag regarding the possible unintended consequences if ObamaPelosiCare passes. To wit, a survey taken by a leading medical search and consulting firm and reported in the New England Journal of Medicine found this:

The poll finds 46.3% of primary care physicians (family medicine and internal medicine) feel that the passing of a public option will either force them out of medicine or make them want to leave medicine.

Doctors also seem to understand the impact that will have as 72% of physicians feel that a public option would have a negative impact on physician supply, with 45% feeling it will “decline or worsen dramatically” and 27% predicting it will “decline or worsen somewhat.”

Why would they feel this way? Consider:

62.7% of physicians feel that health reform is needed but should be implemented in a more targeted, gradual way, as opposed to the sweeping overhaul that is in legislation.

The respected medical journal also found 41% of physicians feel that income and practice revenue will “decline or worsen dramatically” and 30% feel income will “decline or worsen somewhat” with a public option.

Just 28.7 percent of doctors support the pro-abortion health care bill pending in the House

The assumption tends to be that if doctors and others in health care don’t like the changes the government wants to make, they can just lump it; but that fails to take into account that they do in fact have another option: they can stop seeing patients. Or, alternatively, they can stop seeing some patients (as many doctors and hospitals already restrict the number of Medicare patients they’ll take on), or see them on a different basis.

If this bill passes, will it really mean that nearly half of our primary-care physicians will leave practice? I’m sure it won’t; but will it mean that some leave, and some work fewer hours, and some retire early, and that in general, the availability of doctors drops? For my part, I saw enough “reduced activity days” (read: one-day strikes) by doctors while we were in Canada that I have no doubt it will. How is that going to improve health care?

Proponents of socializing our medical system need to take this very seriously. As the managing partner of the firm that conducted the survey wrote,

Many physicians feel that they cannot continue to practice if patient loads increase while pay decreases. The overwhelming prediction from physicians is that health reform, if implemented inappropriately, could create a detrimental combination of circumstances, and result in an environment in which it is not possible for most physicians to continue practicing medicine.

Health-care reform and increasing government control of medicine may be the final straw that causes the physician workforce to break down.

Darth Vader and the ratchet effect

Doctor Zero over at Hot Air has done a brilliant job of capturing the essential falsity of government programs:

Even discounting the sewer system of underhanded deals and bribes needed to push ObamaCare through Congress, distorting it beyond any semblance of a carefully-designed plan, it’s foolish to accept it as a “solution” to health care “problems.” No government program is a solution to anything. I’m not referring to their inefficiency or cost. I’m talking about their very nature.

A government program is not a carefully-designed system, or even an enduring commitment. It is a promise. Systems require discipline. For example, the operation of an aircraft carrier is a very complex system, which relies upon many individuals to perform carefully-defined duties. Failure to perform these duties results in punishment or dismissal. All of the crew members understand this, so the system is reliable. When the captain orders a fighter to launch, he knows the deck crew and pilot will quickly obey. The crew and pilot, in turn, know that the captain would not order a launch for no good reason. Everything happens with speed, efficiency, and precision, because the system is illuminated by trust.

Government social programs don’t work that way. They can’t. Today’s Congress cannot bind future sessions with discipline. They can only saddle their successors with obligations. The national debt has grown to staggering proportions because debt is the only thing each new Administration and Congress inherit from those who went before.

When Barack Obama tries to convince you to accept a government takeover of the health-care industry, he is making a promise he won’t be around to keep. ObamaCare’s job-killing taxes are front-loaded, but in order to fool the Congressional Budget Office into giving it a respectable deficit score, its benefits are delayed for years. Even if Obama wins re-election, he would complete his second term long before the program was completely phased in . . . and no external authority exists to compel either Obama, or his successors, to honor the promises he’s been making. . . .

It would also be foolish to place such faith in Republicans, or anyone else. Today’s Democrats are not unique in their corruption, a cancer that can be driven into remission with electoral chemotherapy in 2010 and 2012. Massive government breeds massive corruption through its very nature—it is the predictable behavior of people who are no less greedy, ambitious, or deceitful that the most rapacious robber baron. They hide their avarice behind masks of finely chiseled sanctimony, but as the final maneuvers toward the passage of ObamaCare illustrate, they’re just as quick to bend rules and perpetrate fraud as any white-collar criminal.

It would be a horrible mistake to accept a deal with the creators of history’s most staggering natonal debt, based on assurances they will place your interests ahead of theirs, for decades to come. As Darth Vader memorably explained to Lando Calrissian, the State can always alter the terms of the deal, and your only recourse will be praying they don’t alter it any further.

Government is Darth Vader, and we’re Lando. Read the whole thing—it’s unmatched.

I have to agree with David Brooks

which doesn’t happen all that often anymore; but he’s really sounding like he’s been mugged by reality when it comes to the whole health care debate:

Barack Obama campaigned offering a new era of sane government. And I believe he would do it if he had the chance. But he has been so sucked into the system that now he stands by while House Speaker Nancy Pelosi talks about passing health care via “deem and pass”—a tricky legislative device in which things get passed without members having the honor or the guts to stand up and vote for it. . . .

Yes, I know Republicans have used the deem and pass technique. It was terrible then. But those were smallish items. This is the largest piece of legislation in a generation and Pelosi wants to pass it without a vote. It’s unbelievable that people even talk about this with a straight face. Do they really think the American people are going to stand for this? Do they think it will really fool anybody if a Democratic House member goes back to his district and says, “I didn’t vote for the bill. I just voted for the amendments.” Do they think all of America is insane? . . .

Yes, my own view may be distorted by the fact that I’m disappointed in the health care bill. But at least I violently opposed the nuclear option when the Republicans tried it a few years ago. I don’t think it is mere partisanship that makes me believe that representatives should have the guts to actually vote for the legislation they want to become law.

Either this whole city has gone insane or I have or both. But I’m out here on the ledge and I’m not coming in the window. In my view this is no longer about health care. It’s just Democrats wanting to pass a bill, any bill, and shredding anything they have to in order to get it done. It’s about taking every sin the Republicans committed when they were busy being corrupted by power and matching it with interest.

That last sentence is the key, I think. The Republican Party doesn’t have clean hands on this, though they’ve yet to do anything that took quite as much gall as what the Democrats are doing here; the GOP abandoned its principles and supporters both for the siren song of the pleasures of power, and they quite rightly got kicked to the curb by the voting public for it. They deserved the losses they took, and if the political pendulum swing that looks like it’s coming in November in fact materializes, it will happen despite the fact that the GOP, quite frankly, still doesn’t deserve it.

That said, whatever the Republican Party might be guilty of, the Republican base still has the right to be heard from, and we are not happy with what the Democrats are doing; and who else ise going to represent us than Republican politicians? Joe Conason can ding Republicans all he wants for hypocrisy in their newfound concern for proper process, and I won’t defend them—but wrong is no less wrong because it’s pointed out by a hypocrite. Fundamentally, “you do it too” isn’t an argument (except for electing people like Sarah Palin who are outsiders to the Washington mindset). Rep. Steny Hoyer (D-MD) can insist until he’s blue in the face that Americans don’t care about process, but he’s wrong; and quite frankly, to the extent that he’s right, we as Americans need to change that. Something I learned from math class and relearned from studying baseball is that good process is important, because doing things the right way is a better predictor of good future results than good current results; until we get the political process right in this country, we’re going to keep on fouling ourselves up.

The responsibility of our representatives

There was a remarkable article in The New Republic two weeks ago by William Galston with the revealing title, “The Public Isn’t Enthused About Health Care Reform. So What?” Galston opens with this:

“With the passage of time,” former Bush administration official Pete Wehner writes today, “President Bush’s decision to champion a new counterinsurgency strategy, including sending 30,000 additional troops to Iraq when most Americans were bone-weary of the war, will be seen as one of the most impressive and important acts of political courage in our lifetime.” Wehner may turn out to be right. And his argument has broader implications that deserve our attention.

Wehner tacitly defines political courage as the willingness to go against public opinion in pursuit of what a leader believes to be the public interest. Fair enough. And unless one believes—against all evidence—that democracies can do without courage, so defined, it follows that there’s nothing necessarily undemocratic about defying public opinion when the stakes are high. After all, the people will soon have the opportunity to pass judgment on the leader’s decision. And they will be able to judge that decision, not by the claims of its supporters or detractors, but by its results.

Now, it might surprise some folks that in large part, I agree with Galston here. He cites Alexander Hamilton in support of his position, but I would go back further, to one of the inspirations of the modern conservative tradition, Edmund Burke (emphasis mine):

Certainly, gentlemen, it ought to be the happiness and glory of a representative to live in the strictest union, the closest correspondence, and the most unreserved communication with his constituents. Their wishes ought to have great weight with him; their opinion, high respect; their business, unremitted attention. It is his duty to sacrifice his repose, his pleasures, his satisfactions, to theirs; and above all, ever, and in all cases, to prefer their interest to his own. But his unbiassed opinion, his mature judgment, his enlightened conscience, he ought not to sacrifice to you, to any man, or to any set of men living. These he does not derive from your pleasure; no, nor from the law and the constitution. They are a trust from Providence, for the abuse of which he is deeply answerable. Your representative owes you, not his industry only, but his judgment; and he betrays, instead of serving you, if he sacrifices it to your opinion.

Properly understood, we elect officials to represent us, not to be our puppets. What they owe us is, first, an honest description of their character and beliefs, so that we can vote for them with an accurate understanding of how they would represent us; and second, to represent us with integrity in a manner consistent with that description. As such, there is no question that Barack Obama, for instance, ought to seek the passage of what he honestly believes to be the best laws possible, whether they are popular or not. Public unpopularity is not in and of itself an argument against any law, initiative, or executive action.

That said, I think Galston goes too far when he writes,

Note that to accept this argument, as I do, is to deny that President Obama and the Democrats are acting high-handedly—let alone anti-democratically—in moving forward with comprehensive health insurance reform. They genuinely believe that the public interest demands it—and that the people themselves will eventually agree. And they know that the people will have the last word.

This paragraph fails for two reasons. In the first place, Galston is comparing a legislative effort by President Obama and the Hill Democrats with an executive decision made by George W. Bush—which in this context is comparing apples and dragons. Had President Bush forced a declaration of war against Iraq through Congress in the face of rising majority opposition, that would be a direct parallel—and the Left would without question have called such action “high-handed,” “anti-democratic,” and a whole host of other things that would have been far less complementary. And they would have been right. What President Bush actually did was to make a decision which was unilaterally his sole responsibility to make as the ultimate commander of our nation’s military forces; which is a very different thing.

In the second place, the high-handed and anti-democratic nature of the actions of the Democratic Party leadership does not rest in the fact that they are proposing policies which are currently unpopular. If they believe those policies to be best, they are honor-bound to do so. Where it rests is in their unwillingness to allow the democratic process to work to their detriment. Were they to follow the rules, it seems clear that at this point, they would lose—but rather than accept that fact, and either compromise with more moderate folks in Congress (to produce a bill that could draw sufficient support) or lose honorably and move on, they have resorted to arm-twisting and attempts to subvert the process. True, they are far from the first to do either; but the fact that wrong has been done before doesn’t make it right.

To understand the key point here, we must I think return to Burke:

Your representative owes you, not his industry only, but his judgment; and he betrays, instead of serving you, if he sacrifices it to your opinion.

If this is true (and I believe it clearly is), then it is at least as true that our representatives betray us if they sacrifice their judgment to anyone else’s opinion either, and especially if they do so for personal or political gain; and this is exactly what President Obama and Speaker Nancy Pelosi are trying to push a number of House Democrats to do. Do they have the right to push an unpopular agenda? Yes, and the responsibility to do so, if they believe it best—but only within limits. They are exceeding those limits in a manner which is, yes, high-handed and anti-democratic, even if it is also courageous, and there’s nothing wrong with calling them on it.

The reconciliation farce

If you listen to the news, you probably know that both the House and the Senate have passed health care bills; that the two bills differ; that the Senate Democrats no longer have a filibuster-proof majority; and that rather than allowing even the slightest bit of Republican input to revise the bill—just enough to pick up one Republican vote—the administration and the Democratic leadership on the Hill have opted to use the budget reconciliation process to solve the problem. There’s been a fair bit of handwringing over that, but it’s ostensibly what they’re going to do.

“Ostensibly” being, I think, the key word, because I’m not sure it’s ever going to happen, even if the House passes the Senate bill (which is far from assured at this point). Jeffrey Anderson laid out the reasons why two weeks ago, though most people don’t seem to have caught on:

Senators want nothing to do with “reconciliation”—whether politically or for what it would do to their chamber—and they already like their own bill (which the House would then already have passed) just fine. The President would then already have gotten a bill through both chambers, and while House members would complain powerlessly, he would dip his pen in the ink and visualize himself in the history books. He might even try to score a few extra political points by saying, As you know, we intended to use the reconciliation process to make a few small changes to the Senate bill. While I know that there was some disagreement from some people, I think that that process would have been entirely appropriate to pursue. But some people are uncomfortable with it, and I think that’s a legitimate concern. It’s important to remember that our democratic institutions deserve the benefit of the doubt. Also, the American people understandably think that we’ve been focused on health care long enough. So that’s why I am making the decision not to pursue “reconciliation.” Instead, I am moving on to a jobs bill. . . .

House members would be left holding the bag. Target squarely on their chests, they would now get to face their fuming constituents after having passed a $2.5 trillion bill that would allow public funding of abortion, would send $100 million to Nebraska, $300 million to Louisiana, $100 million to Connecticut, would exempt South Florida’s Medicare Advantage enrollees from annual $2,100 cuts in Medicare Advantage benefits, would raise taxes, raise deficits, raise health costs, empower Washington, reduce liberty, politicize medicine, and jeopardize the quality of health care. Most of all, they would feel the citizenry’s wrath for having voted to pass a bill that only 25 percent of Americans support.

Anderson’s argument was only strengthened when the Senate parliamentarian ruled that not only must the House pass the Senate bill as is before reconciliation could be used to amend it, the President must sign it into law. That sounds more than a little fishy to me, but there it is: if the House passes the Senate bill, it will have to become law before anything can be done to change it. Figure the odds, at that point, that either the President or the Senate lifts a finger to do so. Why should they? The Senate Democrats, as noted, are content with their bill, the President will be content to have signed sweeping health care legislation, and both will want to put the whole long, bruising slog behind them; why reopen the battle unnecessarily to consider making changes Senate Democrats won’t vote for anyway?

For all the talk about trust, there’s no doubt in my mind: if the House passes the Senate bill, that’s the end of it. If House Democrats get hung out to dry for it, as far as the Senate and the White House are concerned, that’s just the price of victory.

Climate and the American media

The theory of anthropogenic (i.e., human-caused) global warming is in serious trouble, but you wouldn’t know it if you get your news from the big U.S. outlets. Ed Morrissey at Hot Air has a list of climate stories broken by the British media that have been ignored by the American media. His list is an impressive one, and it doesn’t even include the Daily Mail story challenging the credibility of Dr. Phil Jones, the former director of the University of East Anglia’s Climatic Research Unit. The evidence mounting against AGW—and against the integrity and credibility of the folks pushing it—has grown to such an extent that even Canada’s Grey Lady, the Globe and Mail, felt compelled to take note of it; but the New York Times? Fuhgeddabouddit. When your motto is All the News that’s Fit to Print, and “fit to print” means that which fits your agenda, then clearly, there’s no reason to take notice of such inconvenient stories. “When the facts and the politics conflict, sir, print the politics.”

Can the ObamaPelosiCare push succeed?

In the most recent posts on his HorseRaceBlog, Jay Cost analyzes the legislative process that the Democratic leadership will have to use to bring the Senate health care bill to final passage of both houses of Congress, and then the political context in which they will be trying to do so, and concludes that it’s possible but will be a very long row to hoe. If you want to understand the fight that’s ahead, read his posts; they are, as usual from Cost, meticulous, well-informed, and insightful pieces of analysis.