Obama Approval, Progressive Politics and Democratic Unity

By Marc Seltzer; originally published on November 25, 2009, at care2.com

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Pundits have focused recently on President Obama’s declining public opinion polls.  As the President drops to fifty percent approval ratings, the talk speculates on whether the poor economy will sink Democratic prospects in the 2010 midterm elections.  The economy is important and the administration’s policies will not cure recession blues before the election, but of greater concern is the question of Democratic political unity.

Republicans have criticized the President’s leadership and policies from the get go, but with Progressives attacking the administration and fracturing the President’s base, some of the moderates who elected him are beginning to wonder.  Have the progressives gone off in search of Ralph Nader?

Neither the left nor the right have a majority in national American politics.  The candidate that convinces the pragmatic middle to join the ideological left or right wins both in electing candidates and in charting policy.  President Bush succeeded in maintaining the right-middle coalition between 2000 and 2008.  He used the power he was given to lower taxes on the wealthy, promote hands-off financial oversight, conduct aggressive foreign and military policy and tilt the delicate balance between rights and security not so delicately in favor of security.

President Obama won back moderates in 2008, promising to shift economic policy towards the middle class, embracing government regulation in finance, the environment and health care, and seeking new strategic solutions in international relations.  His is not, in fact, a liberal vision, despite Republican characterizations, but it is a more moderate one than what came before, and one that aims to learn from the experiences of prior administrations.As long as his coalition continues, the President’s approach to taxes and budget, justice and rights, and foreign policy and war will prevail.

However, after nine months in office, it seems the President can no longer count on the Progressive wing for support.  In the guise of influencing the President to move to the left, Progressive critics attack the President and his administration.  Calls for Treasury Secretary Geithner to resign by Rep. Peter DeFazio D-Or are but the most recent example.  The left is also troubled by economic decision-making and the potential increase in troops headed for Afghanistan.  Of course, any coalition will contain different viewpoints.  A goal of our democratic process is for hearty debate to distinguish the best ideas from all others.  But Progressives fail to grasp that the President needs the full support of those that elected him in order to achieve his agenda and present a successful Democratic party to the electorate in 2010 and 2012.  If the party is not unified, the President will not succeed and the power will shift back to the Republicans.

It is only because President Obama joined, at least temporarily, the moderate center of the electorate with the traditional Democratic party that he succeeded in bringing his moderate voice to the fore.

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In Republican Victories a Lesson for President Obama

By Marc Seltzer; originally published on November 5, 2009, at care2.com

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What does a master politician learn from defeat?

Republicans are claiming the November election shows a renunciation of Barack Obama’s nine months of leadership.

Democrats are reassured by the Owens victory in New York: The Conservative candidate was too far to the right for mainstream America.

But President Obama must surely be licking his wounds.  He, and his party, should have won the Virginia and New Jersey governors’ races.

Candidate Obama won those states forcefully in November 2008.  How could they be lost so decisively now?

Mr. Obama has been in office 9 months. The public saw in candidate Obama a fix for the errors of President Bush:  Bad wars would be ended; good wars would be fought successfully; special interests would be put in their place; the super rich would pay their taxes; average Joes would find jobs, and decisions on health care, foreign policy, financial regulation and immigration would solve knotty problems of budget woes, and nuclear fears while making humanitarian advances.

Ruling is far different from campaigning.  We are three-hundred million people living under the representational leadership of one head-of-state who shares power with 500 or so others representing each and every bit of our union from the Hawaiian Islands to the Eastern seaboard.

Every President suffers in the elections following their inauguration as the public’s hopes are dashed by the realities of governance.  What seemed so obvious and positive in a speech during the campaign becomes so complicated and expensive when you face it squarely and manifest it in policy and law.

But is that it?  Is it just disappointment with reality?

I don’t think so.  It’s more than that.

The President has presided over one of the most remarkable economic events in U.S. history.  The financial industry – a core pillar of American and international business — was brought to the brink of collapse.  Democratic and Republican leaders acted quickly and creatively without a playbook to rescue the financial sector.  This was not an average recession, but an international crisis of finance that was bigger than the financial system itself.  That’s why the government had to step in, but the results will be debated and lessons included in the next generation’s history books.

Possibly fearful of making a mistake, the President has hesitated to explain clearly to the American people just what has happened.  Treasury Secretary Timothy Geithner and a league of economists in government and academia have spoken to the causes and reform proposals.  With all due respect to Secretary Geithner’s intellect and articulateness, President Obama, with his commanding charisma and office of authority, must lead on this issue.

If the nation had plunged into a depression, rather than skirting perilously around the edge, the President would be expected to lead us through.  The fact that we may have avoided more catastrophic losses does not obviate the profound need for leadership to speak powerfully to the causes, remedies, and reform.  It is not enough that competent leaders work the process through congressional committees and administrative working groups.  The President must face the event squarely and communicate to the public about his presidency’s relationship to these historic times.  When I think of the Great Depression, I think of Roosevelt telling the nation “the only thing we have to fear is fear itself.”  When I think of the bombing of Britain, there is Churchill saying, “I have nothing to offer but blood, toil, tears, and sweat.”  But when I think of the financial crisis of 2008-2009, I think of Paul Krugman and Bloomberg Economics.

And this leads back to November 3, 2009.  The reason that the Democrats lost in battles against Republicans is that the public is concerned about direction of the government on the economy.   What has the President done in 9 months of office?  He has addressed the financial crisis and pushed ahead on health care.  Both of these programs deal fundamentally with economics (if money grew on trees, we wouldn’t bother with insurance reform) and the fiscal state of the nation.  Yet the President has not yet done what he is capable of to express a coherent financial plan on either issue.  He is, of course, subject to Republican criticism no matter what, but more important than that, he does not have the confidence of the moderate middle of the country who decide close elections.

Bill Clinton lost a great deal of his authority in 1994 when the Republicans retook power in Congress two years into his presidency.  President Obama has had a hint of what can happen in the losses in Virginia and New Jersey.  A gift in disguise?

Mr. Obama needs to refocus his communication priorities to explain to the American people his short- and long-term economic vision.  He needs to include a convincing dose of reality in his message rather than campaign rehtoric — not just “economic recovery” and “bend the cost curve” but targets for deficit and debt, goals for long term spending and revenue, transition from stimulus to private economic activity.  And the President must deliver and stay on the message himself in order to inspire confidence in the majority of Americans.

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Taxing Health Insurance Plans

By Marc Seltzer; originally published on October 13, 2009, at care2.com

When is a tax a good idea?

NEVER!  (Say it cause it feels good.  Then get real and move on.)

One important proposal for lowering costs in health care is taxing higher-value health insurance plans.  The principle here is that currently the U.S. government is subsidizing high-level insurance plans purchased by employers.  Health insurance premiums are not taxable, while employers do have to pay tax, such as payroll/social security tax, on income paid to employees.  The employers thus provide additional compensation to their employees without paying full price.  This deduction encourages over-spending by employer and employee.  By comparison, individuals who purchase insurance cannot deduct their premiums or costs of health care from their income.

The thinking goes something like this:  An employer deciding to purchase insurance looks at an $8,000 plan and a $10,000 plan.  It realizes that the $10,000 is a deal because of the subsidy, and it knows its employees will value the plan and consider it as part of the reason to work there.  The employee then has incentive to use medical benefits more than on the lesser plan because the higher-cost plan has lower deductibles, coverage of alternative care and lower co-pays.

There is nothing wrong with an individual choosing to pay more for health insurance and then making use of more in benefits.  But if the U.S. government is subsidizing the plans, then the incentives are distorted.  When conservatives talk about what is wrong with taxation and government, their best argument is that government does not efficiently allocate resources because it distorts the market to redistribute wealth in wasteful ways.  This is a prime example.

If progressives want the government to distort the market in health care, it would make sense to provide help to those who can’t afford care, or to provide subsidies to promote certain types of care such as free annual physicals that could be valuable in improving health or lowering costs, through prevention for the public as a whole.  But there is no reason that the government should redistribute wealth to encourage high-end employer-provided insurance and use of such plans to the fullest.

The result of the system in place today is that working individuals with expensive plans are encouraged to get any and all recommended medical care.  Some procedures are covered 100%.  Some 90%, 80%, 75%. What’s the right formula, where people correctly balance the need for health care against the cost?

Take away the subsidy and find out.

In my own experience, I broke my leg badly, while covered by a great insurance plan.  Surgery was recommended and the $30,000 bill turned into only $1,500 in out-of-pocket expenses.  This is exactly what insurance is designed to protect against and it worked well for me.  This involved emergency hospitalization, which, though expensive, is often well covered by all types of plans.  However, in rehabilitation, I sought chiropractic, acupuncture and physical therapy and remember that my out-of-pocket expenses were remarkably low or non-existent.  My firm offered this plan to compete for employees in the marketplace, but the tax code also underwrote my plan.  Remember, under current law, the more an employer spends on health care plans, the more money it avoids paying tax on.

Current proposals are structured to tax plans on the part of the premiums that go above $8,000 per year and family plans on the premiums above $21,000 (For example, $10,000 in premiums for an individual would be taxed on the $2,000 above the exemption at a rate of 40% for a tax of $800.)  The tax would affect employers and individuals who purchase insurance equally and would likely have several impacts:

1.   It would lower the number of high-end plans, as employers and individuals sought to avoid the tax.  In that case, affected employees, who previously would have received higher-value insurance packages underwritten by the government subsidy, would have lower-value insurance with somewhat higher co-payments.  Shifting some additional burden to the insured in this way would lower national spending on health care, yet continue individual choices on where to spend and where to save.

2.   It would raise an estimated $200 billion dollars from tax revenue on plans that were higher end.  Thus, employers and individuals who continued to purchase high-value plans would pay a new tax on those plans.  This revenue would go to underwrite the efforts to subsidize insurance to those who cannot afford it.  $200 billion represents about 1/4 of the cost estimated to subsidize insurance over the period of ten years.

3.   For people at or below the limits, there would be little change in premium or co-payment prices.  Theoretically, the lower use of medical resources would lower the price of health care in the overall marketplace.  This would likely be countered by the increased use of medical services by individuals who will gain coverage through the new legislation.  However, if the new legislation did not contain this tax provision, prices would continue to rise from increased demand as more people with insurance sought health care services.

There are a number of different ways that health care costs can be lowered and different options for how to bring more people into the insurance marketplace.  The current proposal is but one piece of reform.  Taxing of high-cost health plans is bound to be controversial because Americans are allergic to all tax hikes.  However, this proposal removes a tax loophole that encourages overuse, or at least subsidized use, of the health care system.  Even without the use of the revenue to provide subsidies for those who cannot afford health care, this tax makes sense.

N.Y. Times has an excellent story with political background including issues for unions whose members have received high-level benefits in lieu of compensation.  A detailed Huffington Post piece discusses how the tax may impact middle class Americans and a Commentary blog suggests it will change the health care we have now, against Obama’s promises.  Be that as it may, a loop-hole is a loop-hole, and it creates distortion and waste among executives and union employees alike.

Senator Olympia Snowe, (R)-Maine, who announced today that she is supporting the Democrats’ Senate Finance Committee bill (the Baucus bill) being sent to the full Senate today, supports taxing insurance plans, although she aims to ensure that middle and lower income members of the public and those above age 55 do not bear the burden of the tax.

We all want an efficient government that does not encourage waste of resources.  Calling or writing your congressional representative to demand a tax on excess health care premium plans is the same as demanding the end of an egregious tax loophole.  Remember, the point of health care reform is to insure more Americans and strengthen the financial foundation of the nation.

Obama Nobel Prize for Multilateralism

By Marc Seltzer; originally published on October 9, 2009, at care2.com

President Obama’s winning of the 2009 Nobel Peace Prize recognizes his multilateral emphasis in resolving international conflicts.  Critics, who wonder what he has done, are overlooking the importance of this cooperative approach to the rest of the world.

During the first decade of the 21st Century, President Bush rattled Europe with his willingness to take unilateral action and use force to achieve America’s international goals. The U.S. is more willing to go this route in part becauses it has not been scarred by international wars on its home soil.  The attacks on Pearl Harbor, New York and Washington D.C. were painful, but Europe lost far more than fifty million lives, many of them civilians, during World War II.

President Obama struck a chord with the Nobel committee and people of all nations when he spoke of working in cooperation with the international community.  With the benefit of hindsight, President Obama recognizes that problems such as Middle-East conflicts and totalitarian regimes are not so easily fixable by the United States, despite great diplomatic and military power.

It is worth noting that many European nations were still monarchies in the 20th century.  Even as those monarchies were replaced by democracies, Europe plunged into two destructive wars and needed help from the United States to free itself, first of Nazi aggression, and then of Soviet oppression.

In many ways immitating the U.S. and Canadian models, European nations have now solidly pursued a democratic vision and free markets, trade and immigration among member states.  These policies have led to prosperity, stability and increased international leadership.

Since the Second World War, Europe gradually built a stable community of nations using organizations such as European Union and NATO and determined, constructive, diplomatic efforts.  European nations have used negotiation to form a union.

The current U.S. concerns over nuclear proliferation, totalitarian regimes, and violent extreamists may or may not resolve through diplomatic efforts.  But President Obama’s multilateral approach is the best option for peaceful resolution of conflicts.  Finding common ground with China, Russia and the European Community can bring tremendous power to our efforts to diffuse dangers abroad.  There is no magic wand that guarantees peaceful solutions, but the President is both realistic and savvy about how to ally the greatest force against enemies of democracy and peace.

In this light, the Nobel prize is a high honor for Barack Obama, a recogotion of a new attitude in U.S. foreign policy, and a confirmation that there is great desire in the world for 21st century international cooperation.

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Irony of Obama’s Opposition

Marc Seltzer ⓒ 2009

By Marc Seltzer; originally published on October 5, 2009, at care2.com

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By my calculation, we elected in Barack Obama, a leader who is expert in reasoning.  He distinguished himself academically to get into Harvard law school, and there, he competed in talking and writing about law and society to become editor-in-chief of the Harvard Law Review.

He went on to teach others to learn, analyze and debate at the University of Chicago Law School, a critical-thinker’s heaven.

More recently, his presidential campaign included a vision of bringing more reasoning to governance:  Rules against conflicts of interest and restrictions on lobbying aimed to insulate decisionmaking-by-reasoning from special-interest influence.

And now, as President, Mr. Obama consistently speaks of solving problems by using “what works,” instead of employing ideological approaches.  This too is reasoning and judgment, rather than resort to theory without consideration for the facts on the ground.  It does not mean that the President will not consider free-market economics, on the one hand, or government intervention, on the other, but he looks for solutions that take into account the myriad of consequences, rather than simply going with a principle, results be damned.

What is ironic, although maybe karmicly inevitable, is that this king of reason is being confronted with logic’s nemesis:  emotion, belief and intentional deception.

Take, for example, Mr. Obama’s first acts as President.  The economy was diving into a deeper recession.  The financial industry was frozen.  The President supported a huge rescue program.

He was branded a socialist revolutionary — taking society in a new direction.  Honestly, what would have been truly radical would have been to do nothing.  What he did was big and risky but not radical.  Radical would have been allowing the chips to fall where they may. It would have been emotionally satisfying, and some would have preferred to risk economic depression, international bank failure, destruction of real estate, stock and who-knows-what other markets to bailouts.  Mr. Obama could have stood firm and said, “I am a man of principle, and being responsible means paying the price for your mistakes.”  Many a man-on-the-street was calling for this approach, but it would have had radical consequences.

And to health care.  President Obama says, let’s fix the system.  A liberal vision would be the single-payer model, successfully used in Canada (see first-hand “comments” to blog).  It cuts costs and delivers excellent universal health care.  It is tax-payer funded and not connected to employment.  But the President seeks no such leap of faith from the American people.  He simply wants to adjust the current system, to bend the cost curve so that public systems he inherited do not go bankrupt in ten years, and so that more people can afford health care.  He doesn’t have to do this.  Medicare will not go bankrupt on his watch, and any action taken to solve this problem will be unpopular in some circles as excess is taken out of the system.  But acting now, instead of waiting for a crisis, is prudent.  In truth, President Obama’s approach is again quite cautious.

Yet look at the arguments stacked against him:  “Citizenship,” “Socialism,” “Nazism,” “government takeover,” “revolutionary policies,” “health care for illegal aliens,” “death panels for grandma,” and “take back our country.”  Lively conspiracy theories, expressions of fear and its anger, and political taunts, but hardly addressable through reason.

Insecure times have brought anger and fear to the fore.  Humans project their dislikes onto suitable targets, whether reasonable or not.  If we do it to our relatives, colleagues and celebrities, we certainly do it to our presidents.

If President Obama were publicly casting blame on the Muslim fundamentalists or communists in our midst, or stoking up anger and fear of some enemy, he would channel the feelings bubbling up.  Instead, he is playing the technocrat, using logic to solve problems and avoiding the messy emotions spewed about.  In areas like climate change, health care and the economy, where real-world concerns need to be addressed, the work of the government is finally getting done.

But feelings of fear and anger may be unsatisfied and may exacerbate if the economy fails to improve quickly enough.  Is the President, who reasons so well, who almost never shows anger, able to deal with the unreasonable?

Is reason itself an antidote, or is this like the dark forces bringing Kryptonite to Superman?

Baucus Bill Insurance Mandate

Last week, Senator Max Baucus released for public consumption the health care reform legislation that was crafted by a group of bipartisan senators over the last six months.  Evidently because the proposal goes beyond what the Republican members of the Finance Committee’s “gang of six” sub-group wanted, the final draft did not obtain the endorsement of any of the group’s three Republicans.

Initial media reactions have been mixed, with applause for the seriousness of cost containment provisions and concern for what those very same provisions will mean to average Americans.  (Paul Krugman, is a good example)

One aspect of the proposal is eliciting discussion of the freedoms and obligations of participation in democratic society.  The proposal includes a mandate, backed up by substantial fees, that requires that everyone obtain health-care insurance.  Of course, most people receive insurance through their employer, and of those who don’t, many want insurance, if they can get it at a price they can afford.  But it would no longer be a choice under this proposal.  Those who cannot afford to purchase insurance would have their costs subsidized, but everyone would be required to make a substantial commitment of household income towards insurance coverage, which may or may not be in line with the spending choices that they are currently making.

Voices in the media, from the progressive left’s Robert Scheer of Truthdig.com to Washington Times columnist Tony Blankley on the conservative right, reacted to the proposed impingement of freedom.

From KCRW’s: “Left, Right & Center” podcast, Scheer and Blankley:

Robert Scheer:

What I don’t understand is . . . and here let me put on a libertarian hat, you’re forcing people to buy health insurance; you’re penalizing rather substantially if they don’t have; so your making it a crime to live without health insurance; a crime.  At least when you make it a crime to drive a car without insurance you can stop driving a car.

That’s not considered socialism when the government delivers people to private industry but when you have a robust public option that’s considered socialism to the lobbyists.

Also distinguishing auto insurance requirements, Blankely said:

This proposal would mandate that everybody has to buy insurance as a condition of living, which is not a condition and not a privilege the government has but a right we have given to us from god.

President Obama, in his weekend talk show blitz, recognized that this part of the proposal would raise questions, but called it very important for cost cutting.

From “Meet the Press” interview with David Gregory:

Gregory:

What are the hard choices that you are now asking the American people to make?

President Obama:

What I have said, for example, on what is called an individual mandate.

During the campaign, I said “look, if health care is affordable, then I think people will buy it.”  So we don’t have to say to folks “you know what? You have to buy health care.” And when I talk to health care experts on the left and the right, what they tell me is that even after you make health care affordable, there’s still going to be some folks out there, who, whether out of inertia or they just don’t want to spend the money, would rather take their chances.

Unfortunately what that means is that you and I and every American out there who has health insurance and are paying their premiums responsibly every month they have got to pick up the costs for emergency room care when one of those people gets sick.

So what we have said is “as long as we are making this genuinely affordable to families, then you’ve got an obligation to get health care, just like you have an obligation to get auto insurance in every state.”

Gregory:

Are these the hard choices?

President Obama:

That’s an example of a hard choice.  That’s not necessarily wildly popular, but it’s very important.

Mr. Obama cites the costs that are being paid by the insured to cover the uninsured.  Moreover, it has also been reported that people with insurance manage their longer-term illnesses more effectively, potentially lowering emergency and overall health system costs.  But is something lost by way of individual decision-making in return for these financial gains?

Forcing everyone to participate in insurance will bring more customers to existing insurance companies, one of the reasons that they are generally supporting reform efforts, which they objected to in 1994. This could allow lower rates, as insurers earn more and have more premium income to use to pay claims.  Will the benefits be passed on to consumers?

Commentators have also questioned whether the subsidies for those who cannot afford insurance are large enough; the high cost of health insurance could create an unmanageable burden for many Americans.

Of course, we all pay taxes, thus making contributors towards, police, fire, civic authority and other shared costs in society.  But the insurance requirement, even in a system maintaining private insurance coverage, will be a fundamental change in our rights and obligations as Americans.

Eight Years Later, Conspiracy Theories about September 11, Live on

By Marc Seltzer; originally published September 14, 2009, at politicsunlocked.com

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As we acknowledge another anniversary of September 11, our national attention focuses on various aspects of the 9/11 experience. From personal grieving and reflecting to rekindled feelings about political ramifications of the 9/11 response — two wars, increased security, intrusions into privacy, and controversial treatment of detainees, to name only the most obvious — the date has meaning for nearly everyone old enough to have experienced the 2001 attacks.

A significant number of people in the United States, and likely worldwide, are captivated by alternative stories of 9/11 events and their aftermath. According to those referred to as “9/11 doubters,” or “truthers” the cause of the destruction was not foreign political extremists, but a yet undiscovered conspiracy.  For these conspiracy theorists the investigations since 9/11 have been part of a cover-up, to keep the true plotters hidden.

Having conflicting and alternative views is nothing new in the American experience. Freedom of thought and belief were so fundamental to the founding of the nation that they were institutionalized in the First Amendment to the Bill of Rights as freedom of expression and freedom of religion. The Founding Fathers had seen mayhem and destruction result from the conflicting beliefs of Catholics and Protestants in 17th and 18th century Europe. Their solution was not to reconcile the different beliefs, but to guard against abuse protect those who express them.

Civilizations have come to demand decision-making based on reason in dealing with issues of engineering, law, economics, medicine, security, etc. The numerous and thorough investigations of 9/11 have answered the questions about what happened that day.  Continuing disputes over responsibility for the government’s failure to anticipate the Al Qaeda threat and disagreement over the appropriate military response illustrate that people can reason differently from the same facts.

What can be disturbing about conspiracy theories is that they are maintained in the face of substantial factual evidence. Claims such as Holocaust denial, the belief that the Apollo Moon landing was a fabrication, President Obama’s foreign birth or that 9/11 was perpetrated by a secret U.S. government program seem as wildly improbably and unrealistic as science fiction or fantasy literature to those who judge them on a scale of reason.

It is worth remembering that logical reasoning is only one human approach to understanding. Love, friendship, religion, philosophy and politics are largely governed by intuition and cultural beliefs rather than logic.

9/11 conspiracy theorists, who disregard a mountain of evidence to maintain their belief in mysterious acts, demonstrate that intuition and belief are alive and well in the 21st century.

Have the Military Responses to 9/11 Been Equal to their Costs?

By Marc Seltzer; originally published on September 11, 2009, at care2.com

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Reflecting on 9/11 includes thinking about eight years of foreign policy. What concerns me is the massive commitment we have made in two foreign wars and the uncertain accomplishments we have to show for it.

In Afghanistan and then Iraq we invested tremendous human and economic resources.  We may in the long run succeed in giving Iraq the opportunity to create a functioning democracy, but the cost was high.

In Afghanistan, it is still not clear that a positive outcome can be achieved, although the committment of sufficient resources may also bring results that were not possible previously.

During President Ronald Reagan’s eight years in office, he responded to various threats without engaging in a substantial ground war.  When he chose to react with force to Libyan terrorism, he bombed Moamar Gadaffi’s compound.  Gadaffi survived, although immediate family members were killed in the attack.  One military act, with small risk to our forces and cost to our economy, backed up by economic sanctions.  We did not attempt to replace a regime or transform a society.

Since then, Gadaffi has renounced terrorism and sought to comply with international norms. Gradually, sanctions have been removed and Libya has begun its return to the community of nations.

President Reagan did commit tremendous national resources to oppose the Soviet Union, the major Cold War threat.  But despite “Star Wars’” failings, the U.S. investment in missile-shield technology fostered American economic and technological superiority, which ultimately forced the Soviet Union to change.  Not all former soviet states are success stories today, but many are, and the 30-year threat of nuclear war subsided.

Since 9/11, the loudest complaints about our use of force have been over justification for our invasion of Iraq.  Those who believe that military action wasappropriate focus on security to be gained from defeating the enemy and establishing stable government.  What about the security to be lost, if we demonstrate that we are unable to accomplish our mission or unwilling to face new threats (Iranian and North Korean nuclear programs), because we have already given too much?

Our military proves itself every day in discipline, bravery, organization and tactics.  But do our political leaders have the strategic wisdom to use force so that we achieve the most for the least expenditure of precious resources?

Health Care Politics

Originally published at care2.com on June 23, 2009

Consistent with his free-market approach to all things economic (emergencies aside), President Barack Obama has given some suggestions on how he believes reforms can make health care more affordable and efficient.  Mr. Obama has endorsed the creation of a public insurance entity from which Americans could choose to buy their health insurance, and which would offer competition to private insurers.

This approach is par-for-the-course for a President who addressed the financial crisis with public-private solutions instead of wholesale nationalization, and who believes in helping all Americans obtain health insurance but rejects the Canadian and European approaches to socialized medicine.

Mr. Obama has also smartly pressed for putting medical records on line as a way to track care and results in order to find ways to reduce costs and provide superior care.  A much-talked-about article by New Yorker writer and M.D., Atul Gawande, has illustrated that high costs in health care sometimes serve private financial interests at the patient’s and public’s expense rather than primarily reflecting patient needs.  Reformers hope that a public insurer could seek to both lower costs and provide high-quality care, inducing private insurers to match better care for lower cost.

While Congressional Republicans, some Democrats and insurance companies are speaking out against the public plan, saying it will undermine private insurers, recent public-opinion polls show popular support for a public insurance entity. Seventy-two percent of respondents in a nationwide poll supported the idea, including one in four Republicans. The President is going on the offensive, going so far as to mock lobbyists and legislators for protecting the insurance industry from competition.

Congressional Democratic leaders Henry Waxman, Charles Rangel and George Miller have unveiled a house bill containing the outlines of a public plan and proposal to insure 95% of Americans.  Senate legislation, being spearheaded by Democrat Max Baucus and separately in the offices of Senator Kennedy and others, is still being developed.

Any reform of such a massive sector of the economy is bold.  But with health care costs eating up an ever-greater share of public and private resources, change is required.  It will take years for the new legislation to transform our health care system, but the mantra of “more for less” is a good guiding principle.  Our spending on health care is unsustainable, damaging to public sector budgets and private business competativeness.  If we don’t want to give up the excellent care a majority of us enjoy, we will have to innovate.  Looking to competition, even that created by the introduction of a public insurance entity, and trying to bring more people into an efficiently-managed program, makes sense.

It’s about time Mr. Obama and Democratic leaders on health care received some bipartisan support for their efforts.

Firefighters in the U.S. Supreme Court

Originally published at care2.com on July 1, 2009

The U.S. Supreme Court decision regarding Connecticut firefighters is interesting for two principle reasons: it overturns a decision in which current Supreme Court Nominee Judge Sonia Sotomayor participated, and it provides Supreme Court authority in the sensitive and controversial legal area of race-conscious decision-making by government authorities.  The heart of the issue is whether there was sufficient justification for the city of New Haven, in charge of promoting officers in its fire department, to reject results of a test that saw no black candidates reach promotion, despite many applicants.

The High Court was called upon to make a difficult decision, and the 5-4 breakdown of the court shows it was a close call.  The majority opinion and dissent, penned by Justices Anthony Kennedy and Ruth Bader Ginsberg, respectively, provide details of the city government’s and the high court’s analysis of the fairness of treatment of minority firefighters and the legal standards that govern one aspect of how race should be dealt with in the workplace.

Falling into the trap of football politics and simplistic analysis, early reports call the decision “a blow to diversity in the American workplace” and a win for the conservative approach to discrimination law (more responses). However, this case is not Plessy v. Ferguson (perpetuated race-based discriminiation) or Brown v. Board of Education, (rejected “separate but equal” treatment of minorities).  The distinctions in this case, if given honest, unbiased consideration, are so subtle and intertwined with legal policies that they require in-dept analysis and some speculation to figure out what they could mean and achieve in the workplace.

Justice Anthony Kennedy’s opinion rejected arguments that past discrimination at the fire department (where there has been only one African American of 21 fire captains), perceived unfairness in the exam (some concerns were voiced at a public forum when the results were announced while experts interviewed had mixed responses), and state agency concern over being sued for discrimination would justify the city’s throwing out the results — which promoted only white and Hispanic firefighters.

The facts before the Court showed that the city authorities made significant and costly efforts to create a fair, consciously race-neutral test.  Evidence from scholars and testing experts showed that the tests and results were in line with those for good tests given elsewhere and did not make a clear case of evidence of a bad test.

The city rejected the test results out of concern that they turned out to discriminate against African Americans and that they would result in lawsuits from African American firefighters.  It is possible, but not certain, that other tests would achieve more race-neutral results.

Crucially, the majority decision found that there was not enough evidence under the legal standard, which the city was expected to use, to throw out the test results and deny promotion to white and Hispanic firefighters with higher scores.

Local government officials in Connecticut worked hard to try not to descriminate unfairly.  This is commendable.  The Court said that they erred when they took the further step in throwing out the results of a test designed carefully to be fair, without more evidence that it was, in fact, unfair.

The dissent disagreed.  Four members of the Court felt that past discrimination, test results (black candates passed, but didn’t score high enough for promotion), and local government concern over being sued by black candidates was enough to throw out the test and start again with a new process in hopes of better eliminating unfair descrimination.

This situation may still indicate that unfair racial descrimination exists in testing procedures used by government agencies.  However, it also shows that significant efforts were made by officials acting in good faith to avoid prejudice and unfair assessment.  The majority’s decision says that under these circumstances, it is not fair to winning candidates to throw out the results of their exams.

The city government and both sides in this Supreme Court decision tried to remove unfairness from the process of promotion of fire officials.  That is what we pay them for.  If respect were accorded to effort and not results, we would recognize in the workings of our government and the behavior of its leadership nobility of purpose and integrity of character.  Next time, the results may be different, but let us hope that the effort by public authorities can rise to the level of that evidenced here.

Governmental authorities may also consider the New Haven testing program a failure and may go on to make even greater efforts to root out testing problems if and where they exist.  The Court makes no determination of what other efforts governmental agencies should make in order to achieve fairness for its citizens.

Nor does it stop African-Americans from filing suit where they believe that they were discriminated against by tests and processes.  They may have a case where outcomes differ by racial groupings.  The issue would be different than in the current case (Constitutional or Civil Rights Act claims of unfair or unequal treatment) and the outcome could be different.

I think I can say all this and still have deep compassion and concern for African-Americans that have not yet found a level playing field for competition in the American workplace.  The discussion and investigation of problems must continue aggressively.

We need to do the best we can because our nation has embraced merit and rejected prejudice as a defining principle.  Let’s continue on that path.  But anyone that labels the various decision-makers he