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.

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.

The most critical health care reform

even ahead of tort reform, I think, is the simplest: cost transparency. As Barbara Kiviat writes,

A big part of the reason consumer goods are so cheap in the U.S. is because people always know what they’re paying. As a consequence, consumers can push prices lower by voting with their feet. If CVS tries to sell me a toothbrush for $4 when the one at Rite Aid goes for $3, I will shop at Rite Aid and CVS will learn its lesson. This dynamic almost entirely accounts for the success of Wal-Mart. Yes, Wal-Mart has more efficient (and therefore cheaper) distribution than almost any other company on Earth, but the whole reason Wal-Mart is going for cheap in the first place is because there are hundreds of millions of Americans who demand it—a demand that is listened to because people are able to make well-informed decisions about when to walk away.

Lately I’ve been wondering if we might not be wise to unleash such price-crazed consumerism on the field of health care. The great health care debate has two prongs. I don’t know the best way to expand coverage to the uninsured. But I do have an idea about how to drive down the eye-popping cost of medical treatment: price tags. . . .

I have long been fairly quiet about health-care policy because I feel I don’t know enough about the intricacies of the debate. But one thing I do know about is the price-setting power of the enlightened consumer. I know about the effects of price transparency, and I know about what happens when you give Americans the tools to hunt for deals and value. Think about Wal-Mart. Think about going on Expedia to comparison shop airline tickets. Think about the first question you ask when you are considering buying a particular house.

Now think about health care.

Read the whole thing—it’s great.

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.

Not a good bargain

The notion that the IRS should be able to seize your assets if you don’t arrange your health care to the approval of the federal government represents the de facto nationalization of your body, which is about as primal an assault on individual liberty as one could devise.

Mark Steyn

That captures the core issue here—and my most basic philosophical reason for opposing ObamaPelosiCare—about as well as can be done. Though Benjamin Franklin comes close:

Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

On partial-birth abortion

No, it isn’t all Doug Hagler all the time around here (though I should probably declare this “Doug Hagler Week,” and send him a thank-you card for giving me so much to post about), but he did say something in his post on George W. Bush that I think requires a response. To wit, here was the first point he adduced in President Bush’s favor:

Bush banned what is often erroneously called partial-birth abortion, or more accurately late-term abortion. I’m not sure what the moral argument in favor of late-term abortion would be.

Now, there are several things that need to be said here. First, I do agree completely with the second sentence. Second, Aric Clark tried to counter that sentence by misrepresenting late-term abortion (the abortion industry is actually woefully under-regulated, and notorious for fighting any regulation on proclaimed ideological grounds). And third, none of that is actually germain to the point, because Doug’s first sentence here is almost completely wrong. On a technical level, President Bush didn’t ban partial-birth abortion, Congress did, though under his leadership. On a semantic level, the term “partial-birth abortion” is not in fact erroneous. And on the level of content, “partial-birth abortion” does not mean “late-term abortion,” it means something very particular.

For those who are pro-life and squeamish, you might not want to read further, especially if you already know the score on partial-birth abortion. If you’re pro-choice and squeamish, I would suggest that you do read on, so that you understand what it is you’re defending. And if you’re pro-choice and not bothered by the details, then may God soften your heart.

Partial-birth abortion is a particular procedure, technically known as intact dilation and extraction (as well as by other, similar terms) and often referred to as D&X. The Free Dictionary describes the procedure this way:

According to the American Medical Association, this procedure has four main elements.[8] First, the cervix is dilated. Second, the fetus is positioned for a footling breech. Third, the fetus is extracted except for the head. Fourth, the brain of the fetus is evacuated so that a dead but otherwise intact fetus is delivered via the vagina.

Usually, preliminary procedures are performed over a period of two to three days, to gradually dilate the cervix using laminaria tents (sticks of seaweed which absorb fluid and swell). Sometimes drugs such as synthetic pitocin are used to induce labor. Once the cervix is sufficiently dilated, the doctor uses an ultrasound and forceps to grasp the fetus‘ leg. The fetus is turned to a breech position, if necessary, and the doctor pulls one or both legs out of the birth canal, causing what is referred to by some people as the ‘partial birth’ of the fetus. The doctor subsequently extracts the rest of the fetus, usually without the aid of forceps, leaving only the head still inside the birth canal. An incision is made at the base of the skull, scissors are inserted into the incision and opened to widen the opening[9], and then a suction catheter is inserted into the opening. The brain is suctioned out, which causes the skull to collapse and allows the fetus to pass more easily through the birth canal. The placenta is removed and the uterine wall is vacuum aspirated using a suction curette.

The AMA doesn’t acknowledge the term “partial-birth abortion,” but that’s not because it’s factually inaccurate; to the contrary, it’s descriptive and evocative, which is precisely why the AMA resists it. Nor is it true to say that the procedure is only used in “rare and terrifyingly ugly situations,” as Aric Clark claimed; rather,

Ron Fitzsimmons, executive director of the National Coalition of Abortion Providers (a trade association of abortion providers), told the New York Times (Feb. 26, 1997): “In the vast majority of cases, the procedure is performed on a healthy mother with a healthy fetus that is 20 weeks or more along.”[35] Some prominent self-described pro-choice advocates quickly defended the accuracy of Fitzsimmons’ statements.[36]

This is nothing less than the torture-murder of innocent human beings for no more crime, in most cases, than being inconvenient to the mother—or to people whom the mother is unwilling to challenge. You may well argue that opposition to abortion requires pacifism, opposition to anything one might call torture, and the like, and you might well be right (though at this point, I’m not convinced; I intend to argue through some of these things in the near future)—but it seems to me far stronger in the other direction: the arguments for pacifism and for the condemnation of such things as waterboarding apply with even greater force to abortion. To call oneself a pro-choice pacifist is to be logically and morally incoherent.