Category Archives: Health Care

RyanCare, ObamaCare, Red Ink and Ethical Dilemmas — Where have all of the adults gone?

Paul Ryan (R-WI) finds himself at the center of a firestorm.

RyanCare, or the Ryan Plan, represents a very significant society changing plan that is part of the Republicans’ partial repeal and replacement of ObamaCare.

In large part RyanCare focuses on reforming Medicare, although major and very significant changes have already been made to bolster Medicare’s future. The only way that RyanCare can be successful would be the repeal and replacement of major portions of ObamaCare, aka the Affordable Care Act (ACA).

I support the core ideas behind RyanCare — our nation faces major debt; Medicare is not only deeply in debt and unsustainable but to keep it functioning to serve those coming under its coverage over the next decade or two will require trillions of dollars –  but it will have to make its way on its own merits.

Selling Ryan Care will be tough. The mathematical problem aside, the larger question is whether RyanCare is ethical?

Is it ethical to create a system which effectively ends Medicare? Medicare came about because the good old days were not good for the aged and infirm. The good old days were actually very miserable.

>> I purposely do not say that RyanCare kills Medicare, although any number of both his supporters and detractors believe exactly that. You have to worry when supporters of a plan make repeated statements that reinforce your worst fears.

>> RyanCare and the basics of its coverage are not so different than ObamaCare per a comparison provided by the New England Journal of Medicine. The greatest difference is that short of catastrophic illness the RyanCare plans pushes unaffordable medical costs on the average (median and lower income) individual American. This leads to very credible charges that RyanCare effectively ends Medicare for those that need it the most and that probably could not get health coverage, or get affordable health coverage. The Congressional Budget Office (CBO) estimates that RyanCare will double out-of-pocket expenses, roughly equal to somewhere near $8,000-9,450 per year. RyanCare in 2022 would provide a premium subsidy/voucher for approximately $8,000 but this is to cover the government’s share of Medicare, not out-of-pocket expense — so please don’t confuse the two.

On the question of ethics, any attack or scaremongering against RyanCare also faces an ethical dilemma:  How can you support an approach to healthcare where the system will collapse soon enough due to its own overwhelming failure to be either properly funded or administered in such a way that Medicare is means tested and those that can pay greater costs actually do?

>> From the 2011 Medicare Trust Fund’s Board of Trustees report: “…the HI (hospital insurance) trust fund is now estimated to be exhausted in 2024, 5 years earlier than shown in last year’s report (2010), and the fund is not adequately financed over the next 10 years.”

>> The Medicare Trustees in their 2011 report also outlined Medicare’s future as dependence upon the Affordable Care Act (Obamacare) being successful: “The Affordable Care Act introduced important changes to the Medicare program that are designed to reduce costs, increase revenues, expand the scope of benefits, and encourage the development of new systems of health care delivery that will improve health outcomes and cost efficiency. The financial projections in this report indicate a need for additional steps to address Medicare’s remaining financial challenges. Consideration of further reforms should occur in the near future.”

Medicare 2011 Board of Trustees Report

Medicare 2011 Board of Trustees Report; red highlighting of items by Bill4DogCatcher.com

What I would like to see:

>> I would like to see some mature adult conversation. “The enemy isn’t conservatism. The enemy isn’t liberalism. The enemy is bullshit.” —Lars-Erik Nelson. Politifact notes that most partisan critics of the opposing view are often not only wrong, but they strongly mistate the other side’s actual position, or even their own position — this includes President Obama himself. Too many folks that should know better are just big fat flaming liars in this debate.

>> Universal availability of coverage. No preexisting condition discrimination. This doesn’t mean unlimited health care until the last breath. Rationing has always existed, whether by panel, policy or by income. Let’s not pretend otherwise. Conservative criticism of ObamaCare’s ‘death panels’ is probably much more exaggerated than the impact of RyanCare’s individual responsibility to fund more of your own care — with RyanCare’s level of personal responsibility being an approximate doubling of out-of-pocket expenses that come close to 35-40 percent of individual income for those at or below median income. Rationing of health care has and will always exist. Let’s acknowledge that rationing exists and decide upon what kind and how much of health care we will fund as a society.

>> We cannot fund everything, yet neither does our system encourage self-responsibility. Talk of self-responsibility is very irresponsible when it come to the aged and infirm that would live without the possibility of independent affordable coverage. The average net worth of Americans ages 44 and under is not even enough to pay for a heart attack + surgery + care. Older Americans have an average net worth of $181-232,000 but for most this includes the equity in their home. ‘Personal responsibility’ is a great campaign phrase but let’s not pretend that it is anything more … or not too much more than another way of saying ‘your problems are your problems, not mine’.

>> Let’s not talk about free markets but responsible markets. There hasn’t been a free market in health care since HMOs were first founded in the 1920s and Blue Cross Blue Shield expanded on that in the early 1930s. A responsible market would segment tests and procedures to reduce costs. For example, an annual physical consists usually of a battery of very standardized tests. Is there any reason that you couldn’t go to a pharmacy and get those same tests done? Doctors and hospitals need to stop hiding costs by providing itemized bills that represent actual charges — not charges plus subsidized costs averaged across items and procedures. A tooth brush or an aspirin should not cost $70-80 in a hospital stay, or you get charged for things that were never used. Let’s acknowledge the money game by insisting on responsible accounting that reveals the shell game that is going on.

About Paul Ryan and that firestorm — Republicans publicly trashed Obamacare in 2010 and turned the Medicare argument into Mediscare. Much of their criticism was with merit but the way they went about it was over the top, beyond misleading and played on emotion: we were supposedly on the verge of death panels and rationed care.

In 2012 the Republicans are offering death panels by income affordability and rationed care because few may be able to afford RyanCare. That will be the campaign theme of the Democrats — and much of their criticism will be with much merit. Yet they will predictably go over the top, be beyond misleading and play on emotion.

We know who decides most elections: those over the ages of 45. Mediscare worked in 2010 and it will work in 2012, just for the other party.

Seniors may well vote against the GOP. While the GOP works hard to assure them that they will be unaffected by RyanCare, American seniors are old enough to remember the good ol’days and that they weren’t.

I have concerns. I want change. I want responsible change. I want balanced budgets and I want to see a sense of ethics that balances individuals with the reality of the greater society that we live in. You affect my healthcare choices. I affect yours. So can we work this out?

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Filed under Civil Society, Economics, Health Care, Lies and Tall Tales

Health Care in 2011 – Regulate it as a Utility

Health care should be regulated as if it were a public utility.

For some I know that this will be a stretch, but health care access is a public need.

No, the Emergency Room (ER) does not represent acceptable health care access — and using the ER degrades the quality of care that folks receive and only treats the symptoms of those that cannot afford a regular doctor.

Life isn’t fair. Until it becomes so then our society, or any civilized society with any compassion for the less well off or aged without resources, will eventually demand better care and some uniformity in the delivery and cost of medical services.

I have health coverage, very good health coverage. I also know those that do not. They are not lazy, unproductive citizens — none are looking to get by on the public dime. of course, neither do they have many dimes, or dollars.

I am not advocating for free or socialized medicine and medical care. I am saying that no American citizen should ever have to worry about trading off healthcare for food, to pay their electric bill or to give up their home. Means testing is fine with me. Means-tested copays are too.

Whether it is ObamaCare or RyanCare — please look all Americans in the eye and tell us that if we need medical care that it will be available if we cannot afford or some insurer refuses to provide coverage or both.

Taking care of our fellow Americans when in need is neither left nor right, liberal nor conservative. It is just the American thing to do.

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Filed under Civil Society, Economics, Health Care, Heathcare

Back from vacation — but taking it slow. Life happens. And for my next act …

It was just several weeks ago that I announced that I was taking a vacation of sorts through July.

I had departed on a sudden journey expecting to find Carl Sagan waiting with a friendly explanation of what had just transpired … and should I have completed that particular journey then it would have been a pleasure indeed to have met up with Sagan.

And yet I’m back. Already. Kinda. Mostly.

I do not expect to break any records in writing over the next few months — certainly nowhere near the 298 blog items that preceded this one.

Yet I am back and ready to get back to writing, to exploring, to pondering.

Just four weeks ago my doctors told me that they suspected that I had cancer.

Just three weeks ago I was told that I had a particular kind of cancer so nasty and so aggressive that I should immediately put my affairs in order.

And yet there appears to have been a guardian angel watching over me. I do not believe in such things as God having a plan for us, or that we have a particular fate that awaits us. But if I did then I can only surmise that there is indeed a purpose for my life having taken the turns that have come my way over  the last month.

The medical care system worked for me. I’ve spent almost every day of the last three weeks in various hospitals with tests of all kinds being done on my behalf. Yet, along the way I’ve met those with the same cancer that were struggling and dying because the care that they needed cost almost $180,000 … and they just didn’t have that money. (I don’t have that money either but I am fortunate to have health care coverage due to military service).

Along the way I met doctors and surgeons and medical technicians that assured me that my challenge was also theirs to overcome. I got advice, counsel and consolation for what is as much a mental hurdle to overcome as is a physical challenge. The mental aspect is huge — how do you fight and heal your own body when even the doctors tell you that there is not an established protocol (plan of medical attack) for the kind of cancer that you have? I am hugely positive in my outlook on life yet there were moments that felt just crushing. My idea of being depressed usually lasts all of five minutes … maybe twice per year. I don’t do negative.

Daily over the last several weeks I have discovered good friends — often surprisingly so — that checked in on me daily with words of support and advice and care. … And I also had good friends that I never heard a word from again five minutes after I told them of my diagnosis.

So what does it all mean?

The good news is that my guardian angel got me to the right doctors at the right time and I live in the right place to get speedy treatment for my cancer.

On May 4th I underwent surgery at Walter Reed Army Medical Center. The doctors assure me that they got the cancer, and my other tests show that the cancer had not spread.

Perhaps even more amazing,  the docs gave me lots of good drugs  yet I have not taken a single pain killer in the last 48 hours. Just this morning I walked my dog in the wonderful Virginia sunshine less than 48 hours after surgery. It doesn’t get better than that.

There are still many follow-on treatments that I must undergo in the months ahead: radiation, possibly chemo — but probably not.  This cancer has a high rate of return even when ‘cured’ … that is a future challenge. For today I’m quit happy to report that I’m alive and ready to return to the marketplace of ideas.

What it all means it that I have been given another chance. This is no minor miracle. Perhaps it is indeed fate. Perhaps there is a plan for me.

And so with this second chance Bill4DogCatcher is back on the beat.

If there is a plan for me, I would like to think that it is being in pursuit of a third way. Not your way. Not my way.  I am in pursuit of a way that acknowledges that we are all in this together.

Stay curious.

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Filed under Health Care, Politics

Health Care Reform Act Headed for the Supreme Court due to Partial Victory by Virginia Constitutional Challenge? Yes.

by Bill Golden
Bill4DogCatcher.com and JeffersonConservative.com

The Health Care Reform Act, AKA ObamaCare as it is called by both supporters and detractors, has stumbled badly in its attempt to fend off a constitutional challenge posed by Virginia.

On Monday, August 2nd, 2010, U.S. District Judge Henry Hudson denied Health and Human Services Secretary Kathleen Sebelius’s motion to dismiss a lawsuit brought by the state of Virginia challenging the new health care insurance law. His ruling stated that it is far from certain Congress has the authority to compel Americans to buy insurance and penalize those who don’t.

The stumble comes from the entire Health Care Reform Act (HCRA) depending upon the individual mandate for the HCRA to have meaning. Please remember that Virginia chose carefully as to how it challenged the HCRA’s constitutionality: it did not challenge the power of the Congress to pass such a bill; Virginia challenged the constitutionality of requiring individuals to have health insurance.

Failing to overcome Virginia’s challenge, the fate of the HCRA now goes to a court trial to begin October 18th, 2010. Win or lose, both parties will undoubtedly appeal to the U.S. Supreme Court.

The effective outcome is that many states will delay beginning to implement the HCRA until its constitutionality is determined. Just as Arizona is stymied in its ability to implement portions of SB1070 so is it the same for the HCRA whose first requirements and benefits went into effect as of July 2010.

My view is that Arizona will ultimately prevail at the Supreme Court level and Virginia may well also prevail.

Back on March 21st 2010, just hours before the vote was taken in the House on the Senate version of the HCRA, I gave my opinion and an overview of the constitutional issues facing the HCRA.

My opinion then and now:  “As much as I believe health care reform is needed, and needed now, the senate version of health care reform is both unconstitutional and overreaching. If the senate bill should be passed by the House then it will be more of chimeral victory that will be defeated in the SCOTUS due to its many flawed provisions, rather than the total sum value of its intent.”

For more info: What the press is saying about this development.


Bill Golden is an independent observer of American politics, trends and economics. Bill’s political views meet at the crossroads of conservatism, libertarianism and being a practical centrist. No longer a member of any political party, Bill would undoubtedly be declared a DINO if he were a Democrat and a RINO if he were Republican.

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Filed under Health Care, Taxes & Taxation, Virginia

U.S. Attempts To Block Constitutional Challenge to States’ Challenge of Health Care Reform Law

By Bill Golden
JeffersonConservative.com

The Obama administration has now adopted a strategy of trying to preempt court consideration of the constitutionality of the Health Care Reform Act by arguing that states have no legal basis or standing to challenge the Health Care Reform Act.

A secondary Obama administration argument is that Congress has the power to regulate interstate trade and that authority is enough by itself to make the measure constitutional.

The Obama administration challenge is officially being made by Secretary of Health and Human Services Kathleen Sebelius, now known as ‘Virginia v. Sebelius‘.

Virginia is being made the test case to see if the federal strategy will work. Virginia must respond by June 7th to the federal challenge.

Federal attorneys argue that individuals, not the state, are affected by the requirement to buy health insurance, meaning that the state has no standing to sue over the issue.

CHALLENGE: The Health Care Reform Act forces both individuals to buy something that they did not previously have to (5th Amendment protection – you do not lose rights just because they are not specifically listed in the Constitution; in this case you and I have a right to not buy health care insurance) and the new law forces states to increase their financial support and thus to increase taxes for delivery of medical services (health care high risk pools, medicare, etc.).

Actions by the federal government that classify individuals in a discriminatory manner violate the due process of the fifth amendment. “Discrimination” in this sense is that the Health Care Reform Act forces some individuals, but not others,  to purchase health insurance.

A counter argument is that all Americans are required to purchase health insurance, but receive an exemption if they can prove that they purchased a policy personally or through their employer.

A reasoned position by Virginia is that it is representing the collective rights of its citizens in both cases, by protecting both their individual rights and the phantom requirement to increase state taxes in order to provide additional non-federally funded medical services.

Learn more by googling: Virginia v. Sebelius and Fifth Amendment Due Process


Fifth Amendment, U.S. Constitution

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.’

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Filed under Health Care, U.S. Constitution

$$ Follow the money – Who voted Yes or No on the Health Care Reform Act

Do $$ influence votes? Maybe. Maybe not.

View all political contributions at http://maplight.org/us-congress/bill/111-hr-3590/423082/contributions-by-vote

Senators voting ‘No’ on the Health Care Reform bill, just voted upon by the House, received an average of $595,820 in political contributions from anti-Obamacare Groups. Senators voting ‘Yes’ received an average of just $156,323 from pro support groups.

Republicans may have lost the health care reform bill vote but Republican senators raked in the cash over Democrats $3:1.

Some key senators voting ‘No’ got an incredible amount of money from groups against Obamacare:  Saxby Chambliss (R-GA) $1,543,267;  Bob Corker (R-TN) $1,358,939;  John Cornyn (R-TX) $1,315,356;  Jim DeMint (R-SC) $1,277,935.

The highest contribution received by any health care reform supporter was $632,550 by  Arlen Spector (D-PA); and next was Max Baucus (D-MT) with $444,539, but average ‘Yes’ vote only got $156,323.

For something to be so publicly unpopular as the health care reform bill , it is very counterintuitive that it was much cheaper $$ to get a ‘Yes’ vote than a ‘No’ $$$$$$ vote.

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Filed under Democratic Party, Election 2010, Health Care, Lobbyist, Republican Party

A Republican Waterloo – Losing The Health Care Reform Vote May Hurt Republicans More Than Democrats

by Dennis Sanders, RepublicansUnited.us
Commentary by Bill Golden, Bill4DogCatcher.com


David J. Frum is a Canadian American conservative journalist active in both USA and Canadian politics, a former economics speechwriter for President George W. Bush, and founder of FrumForum.com (formerly NewMajority.com), a political group blog.


David Frum lets conservatives and Republicans have it for their intransigence during the health care debate:

At the beginning of this process we made a strategic decision: unlike, say, Democrats in 2001 when President Bush proposed his first tax cut, we would make no deal with the administration. No negotiations, no compromise, nothing. We were going for all the marbles. This would be Obama’s Waterloo – just as healthcare was Clinton’s in 1994.

Only, the hardliners overlooked a few key facts: Obama was elected with 53% of the vote, not Clinton’s 42%. The liberal block within the Democratic congressional caucus is bigger and stronger than it was in 1993-94. And of course the Democrats also remember their history, and also remember the consequences of their 1994 failure.

This time, when we went for all the marbles, we ended with none.

Could a deal have been reached? Who knows? But we do know that the gap between this plan and traditional Republican ideas is not very big. The Obama plan has a broad family resemblance to Mitt Romney’s Massachusetts plan. It builds on ideas developed at the Heritage Foundation in the early 1990s that formed the basis for Republican counter-proposals to Clintoncare in 1993-1994.

Barack Obama badly wanted Republican votes for his plan. Could we have leveraged his desire to align the plan more closely with conservative views? To finance it without redistributive taxes on productive enterprise – without weighing so heavily on small business – without expanding Medicaid? Too late now. They are all the law.

No illusions please: This bill will not be repealed. Even if Republicans scored a 1994 style landslide in November, how many votes could we muster to re-open the “doughnut hole” and charge seniors more for prescription drugs? How many votes to re-allow insurers to rescind policies when they discover a pre-existing condition? How many votes to banish 25 year olds from their parents’ insurance coverage? And even if the votes were there – would President Obama sign such a repeal?

by Dennis Sanders, RepublicansUnited.us

I totally agree. GOP leadership can huff and puff all they like, but they aren’t going muster any votes to take away something that has been given to them. It’s a nice issue to stir up the passions of the base for the next few years, but let’s face it: this legislation is here to stay.

Sure, conservatives and Republicans might have their revenge in November and pick up a few seats-something that will make the hardliners feel good- but in the end, this is victory for the Democrats. We will end up with a bill that will be in effect long after the leading GOP leaders have left Washington.

Ross Douthat has made fun of moderate Republicans in the past for basically becoming the accountants of the welfare state- allowing Democrats to have their big government programs, but making sure these plans were fiscally sound. What would have happened had the party allowed Olympia Snowe to help work out a deal that would have made health care reform more fiscally sustainable? What if an Orrin Hatch (who is not a moderate) or Bob Bennett had been able to force a tax on so-called “Cadillac Plans” that would help fund the deal and also lead to some meaningful reform on costs?

We will never know because the leadership made damn sure no Republican cooperated. I think in the long run, this will be the GOP’s Waterloo, a big spectacular loss. We can’t see it now, but give it five or ten years.

We lost this one, big time.

Bill4DogCatcher.com sez: Tactics may win battles but poor strategy loses or wins wars. The Republican strategy had no tactics except delay and obstruction, and their strategy was to hope that the TEA Party rallied enough support to scare the bejesus out of lawmakers. A war lost due to squandered opportunities to capture the conversation and to work for the American people.

Here is the Election 2010 scenario as I see it: there will be a constitutional challenge to the passage of the Health Care Reform. However, there is a degree to which that really doesn’t matter. Timing will reward the Democrats.

The Supreme Court will not hurriedly accept appeals to overturn the new Health Care Reform Act. Sometime in 2011 may be the earliest that they accept a challenge, late 2010 at the earliest. This is bad news for Republicans.

Between now and late spring 2010 there are no major political issues for Republicans to champion. They have put all of their hopes into a single issue and failed miserably. Their closest allies, the TEA Party in particular, already consider the GOP largely impotent and this just proves it. Republicans can expect to face challenges across the nation in their primaries and in the general election from third party and independent conservatives.

Between now and late summer 2010 the economy will make improvements. These improvements will be sufficient enough to make President Obama and the Democrats look like they are doing good things — although I do predict an economic downturn in late 2010: see 2010 Dog Catcher Predictions – Economics, from January 3, 2010.

The Democrats, despite their historic ability to grab defeat from the jaws of victory, will do well enough in November 2010 to maintain control of one or both houses of Congress. The Republicans — between now and November 2010 — will descend into self-pity, playing pin the tail on the donkey, anger and will remain without a strategy.

There are issues that Republicans can win on in November but they will need to listen to cooler heads — and I think that there are some smart folks in the TEA party that actually have the basis for a winning plan, although TEA must work to overcome their negative imagery: one part deserved and one part the natural way politics works when there is strong disagreement and your opponent wants to paint you as being on the edge … about to fall off.

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Filed under Economics, Election 2010, Health Care, Republican Party, TEA Party

Politico.com — Pelosi & Dems leading lambs to Slaughter.

It is very rare that the various analysts on Politico.com seem to speak with one voice.

As for leading lambs to Slaughter, that’s Politico’s view — but one widely shared with political analysts of all stripes that find it hard to believe that the House leadership would contemplate using what they are now calling the ‘Slaughter rule’ — use of the ‘self-executing rule’ for reconciliation and “deemed” passage of the health care bill.


Here is a sampling of the thoughts of various political analysts over at Politico.com in the Arena section at http://www.politico.com/arena/

Out of fairness so that no one can claim that I am picking and choosing quotes, I have included remarks from ALL of Politico’s senior analysts.

Rick Beyer
Documentary filmmaker, author, history guy

“Prediction: House Democrats will drop the Slaughter plan like a hot potato in the next 24 hours. And rightly so. Whether constitutional or not, I deem it a stupid idea.”

James P. Pinkerton Fellow
New America Foundation

“… concerns are now piling up about the constitutionality of the Slaughter Solution, giving yet more hope to opponents, and giving unwilling proponents yet another reason to stall a politically lethal “yes” vote. Unfortunately for House Democrats, their leadership has deemed it necessary for them to vote on a gimmick that sounds as bad as, or worse than, the ‘Cornhusker Kickback’.”

Mary Frances Berry
Professor of American Social Thought and History, U. Penn.

“The health reform bill will be subject to court challenge in any case. Lawsuits are already in the offing in opposition to the individual mandate requirement. The key to the worry over a challenge to “deem and pass” is that there’s no open and shut case to be made on constitutionality.”

Alvin S. Felzenberg
Author, “The Leaders We Deserved”

“the Obama Administration and the Democratic congressional leadership, may be steering the ship right into a buzz-saw of judicial review, propitiating a constitutional crisis to boot. What will be next, a Rooseveltian-styled attempt to “pack” the Supreme Court? (A new fight over judicial nominations may well be looming in any event.) “Slaughter” is the perfect name for this Pelosi-inspired rule. It may leave no one standing in its wake.”

Kenneth E. Scott
Parsons Prof. of Law emeritus, Stanford Law School

“”Passing” a bill without having to vote on it violates the most fundamental premise of representative government, and is contrary to the express provisions of Article 1 of the Constitution. It’s also a sign of how desperate Pelosi has become–anything goes, … It’s profoundly contemptible.”

David Boaz
Executive VP, Cato Institute

“… Article I, Section 7, of the Constitution requires that a bill must pass both houses of Congress to become a law. Duh. And for those who have trouble with that concept, he goes on: “As the Supreme Court wrote in Clinton v. City of New York (1998), a bill containing the ‘exact text’ must be approved by one house; the other house must approve ‘precisely the same text.’”

Mickey Edwards
Princeton lecturer and former Republican congressman

“If President Obama were to sign into law a bill “passed” without a vote, without transparency, without accountability, he will never again be able to utter words like “openness” and “transparency” without incurring laughter.”

Bernard I. Finel
Senior Fellow, American Security Project

“The Roberts Court has shown itself to be perfectly willing to discard precedent in order to legislate a conservative agenda from the bench. In the face of demonstrated judicial activism by this court, it would indeed behoove to the Democrats to ensure that they have all their ducks in a row.”

Victor Kamber
Vice-President American Income Life Insurance

“Democrats should be concerned. With this Supreme Court in place it really doesn’t matter what the law is, the politics of the court would decide and I’m afraid it would decide against the Democrats. Don’t do it.”

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Filed under Coffee Party, Democratic Party, Economics, Election 2012, Health Care, Political Scandal, Politics, Republican Party, TEA Party, USA

Major Golden Rule Violation: Speaker Pelosi Sets Up Health Care Bill For Constitutional Challenge

Yes, the Republicans are being a bit hypocritical in their anger over Speaker Pelosi’s use of the “self-executing rule” to “deem” the health care bill passed in the House of Representatives.

Republicans have generously used this legal loophole provision since 1980 to reconcile amendments to various acts. By some accounts Republicans have used this loophole on amendment reconciliation almost twice as much as Democrats.

Golden Rule: You know the rule. While often hypocritical in their use of parliamentary procedures, Republicans have never passed a bill into law without seeking a majority vote on the bill itself. If the Republicans retake Congress in 2010 or 2012 does anyone mind that they make use of the “self-executing rule” to pass laws? I would. You should too regardless of which party is in power.

Constitutional Challenge: In 2005, Speaker Pelosi joined in a constitutional challenge to the Deficit Reduction Act of 2005. Speaker Pelosi and allies argued that Article I, Section 7 of the Constitution requires the verbage of both the House and the Senate bills to be exactly the same and that the Constitution requires “… in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively.”

Speaker Pelosi outlined the very simple basis for a constitutional challenge in 2005 to use of the “self-executing rule”. The court ruled against the challenge as the content was the same but with a few minor wordsmith differences.

The challenge before us is that what is happening now is not a matter of minor wordsmithing. There are many more than just a few content issues between the Senate and the House bills.

Bottomline: If I were a Democrat I would push through the health care bill using reconciliation and 216 votes. As most of you know I do not support passage of either the Senate or the House version of the current bill. But I believe that Democrats are within their rights to use a reconciliation vote of 216 to do this. That is how the world works sometimes. But I very much oppose reconciliation using the “self-executing rule” and failure to actually vote on the bill itself.

A constitutional challenge will be swift and will invalidate the bill’s passage if the “self-executing rule” is used. The Constitution is crystal clear on what it takes to pass a bill for presentation to the president for signature. If  the “self-executing rule” is used and a constitutional challenge is successful — and it would be with the current court — then it will be a generation or more before we revisit health care reform.

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Filed under Coffee Party, Democratic Party, Economics, Election 2010, Health Care, Political Scandal, Politics, Progressive Movement, Republican Party, TEA Party, USA

Louise Slaughter (D-NY), House Rules Committee chair makes history. Partisan warfare will rise to new levels. Rep Slaughter loses no matter what she decides.

The national health care debate is complicated, contentious and already has folks across a wide spectrum of beliefs up in arms, whether they support it or oppose it.

Congressional bill “reconciliation” to get national health care passed through Congress was painful enough a procedural maneuver already for some. Now comes a maneuver never before used for an entitlements bill:  the “self-executing rule”.

Pain may be an understatement. Both Democrats and Republicans will hold one specific individual responsible for whether the “self-executing rule” can be used: Representative Louise Slaughter (D-NY), who chairs the House Rules Committee, has been asked by Speaker Pelosi to rule whether the “self-executing rule” can be used to pass the health care reform bill in the House without actually anyone voting on it.

Listen to any news outlet today and you will hear how Speaker Pelosi wants to use this procedure to “deem” the health care bill passed — no vote required.

It all hangs on a decision by Representative Slaughter. If she says ‘no’ then unionists have said that they will come after her in the 2010 elections. If she says ‘yes’ then there is no doubt that her life will be total misery as both the Republicans and a wide variety of others come after her in the 2010 elections. She loses either way.

Definition of “Self-Executing Rule” (2006)

It is a “two-for-one” procedure. This means that when the House adopts a rule it also simultaneously agrees to dispose of a separate matter, which is specified in the rule itself. For instance, self-executing rules may stipulate that a discrete policy proposal is deemed to have passed the House and been incorporated in the bill to be taken up. The effect: neither in the House nor in the Committee of the Whole will lawmakers have an opportunity to amend or to vote separately on the “self-executed” provision. It was automatically agreed to when the House passed the rule. Rules of this sort contain customary, or “boilerplate,” language, such as: “The amendment printed in [section 2 of this resolution or in part 1 of the report of the Committee on Rules accompanying this resolution] shall be considered as adopted in the House and in the Committee of the Whole.”

Traditional Use: Originally, this type of rule was used to expedite House action in disposing of Senate amendments to House-passed bills.

Use of this rule will have the practical effect of turning Congress from being a battleground to almost civil war in working together.

Learn more about the history and interpretations of usage behind the “Self-Executing Rule”: http://www.google.com/search?hl=en&q=congressional+self-executing+rule


This post by Bill Golden, aka Bill4DogCatcher.com, an independent observer of American political life, economics, and workforce issues.

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