The U.S. Code contains an entire section on over-the-counter anti-flatulence medication. There are federal rules for active ingredients, maximum dosage, and label text.
January 2012
The minimum wage is going up for the third year in a row, effective today. The new wage floor is $7.25 per hour.
Young people with little or no work experience may not be able to offer $7.25 per hour worth of productivity; no wonder so many of them are having trouble finding summer jobs. They have to be paid more than they are worth. Wage floors reduce the number of jobs.
Alex Tabarrok also explains why minimum wage laws are inherently anti-competitive. Some employers support wage floors, which is surprising at first glance.
But suppose a company has higher labor costs than its competitors. If they can’t cut their own costs to compete, why not just pass a law to increase their rivals’ costs? Tabbarok also observes, “This is why unions have typically been in favor of the minimum wage even when their own workers make much more than the minimum.”
Lost jobs and a less competitive economy, in other words. And minimum wage hikes still routinely poll at over 80% in favor. One of life’s mysteries, that.
Compact fluorescent light bulbs are difficult to dispose of. They contain mercury that can leak into the environment. If one breaks, cleaning it up is an even trickier matter. The EPA has a 19-point guideline on proper procedure.
Some smart-aleck came up with a simpler idea: Send your used light bulbs to Washington! They’re the experts. They’ll know what to do.
In 2008, Obama promised not to raise taxes on anyone making less than $250,000 a year. But he is now breaking that promise by proposing to tax some middle-class families to pay for health care. Obama has also falsely pledged that if you like your health insurance, you will be able to keep it under his plan. But the Congressional health-care bills he backs would destroy countless inexpensive health-care plans by gutting a federal law called ERISA that makes it possible for employers to offer them. Obama’s plan does nothing to curb the main drivers of health-care costs, even as it raises the specter of rationing and social engineering. It will not cover as much of the population as the health-insurance systems in France or Switzerland, but it will cost much more.
As CNN notes, Obama’s plan would take away “5 freedoms,” including the freedom to choose your doctors, the freedom to choose what’s in your plan, the freedom to keep your existing plan, the freedom to be rewarded for healthy living, and the freedom to choose high-deductible coverage.
Obama’s health-care plan is drawing criticism from one of his own advisers, Harvard University’s Martin Feldstein. In the Washington Post, Feldstein warns that “For the 85 percent of Americans who already have health insurance, the Obama health plan is bad news. It means higher taxes, less health care and no protection if they lose their current insurance because of unemployment or early retirement.” Obama’s plan would “cost more than $1 trillion,” and raise the top federal “income-tax rate from 35 percent today to more than 45 percent,” he notes.
Its increase in health-care costs is so obvious that even Democratic governors openly worry that it will explode their states’ Medicaid costs. Conservatives are concerned that it would single out illegal aliens for preferential treatment, because it permits illegal aliens, but not American citizens, to avoid buying health insurance, even though illegal aliens could access government-sponsored health insurance through the so-called “public option,” thanks to its lack of eligibility verification safeguards. Supporters of universal health care coverage like Mickey Kaus worry that it will lead to arbitrary restrictions on health care for people who now have decent health-care coverage.
In 2008, Obama promised not to impose any kind of tax increase on people making less than $250,000 a year: “I can make a firm pledge. Under my plan, no family making less than $250,000 a year will see any form of tax increase. Not your income tax, not your payroll tax, not your capital gains taxes, not any of your taxes.” (Barack Obama, September 12, 2008, Dover, NH). But millions of people now face direct or indirect tax increases under his plan.
Obama’s plan so obviously would increase the deficit that its supporters are now crafting a tax on health insurance provided to non-union workers. Never mind that Obama’s campaign spent millions of dollars on campaign ads attacking the very idea of taxing health-insurance benefits.
It’s not the first breach of Obama’s campaign pledges to the middle class. Obama earlier broke his promise by signing into law an excise tax increase (the SCHIP tax) paid mainly by the poor, and advocating income tax increases on households that make thousands of dollars less than $250,000 a year. These tax increases are part of a long line of broken promises, such as Obama’s pledge to enact a “net spending cut,” which he flouted with proposed budgets that will explode the national debt through $9.3 trillion in massively increased deficit spending.
Obama also backs a huge cap-and-trade carbon tax that would be borne disproportionately by low-income households. (The cap-and-trade tax was pushed through the House before the text of the bill even became available. The bill was over 1090 pages long and contained special interest giveaways to a legion of big corporations and their lobbyists. At the last minute, 300 more pages were added to the bill that few in Congress had even read, and had to be manually inserted into the existing 1000 pages after the bill was passed, based on guesses about where those pages would fit in. Thus, the bill did not even really exist at the time it was passed). In 2008, Obama privately admitted to San Francisco Chronicle reporter that his cap-and-trade carbon tax would cause people’s electric bills to “skyrocket.” The cap-and-trade bill will cost the economy trillions, while doing little to cut greenhouse gas emissions, since it contains so many special interest giveaways and environmentally-destructive provisions like protections for ethanol, which promotes soil erosion and deforestation. Meanwhile, Obama sabotaged nuclear power, which reduces greenhouse gas emissions, by blocking use of the Yucca Mountain nuclear-waste disposal site after billions of dollars in taxpayer money had already been spent developing it.
The Wall Street Journal explains how the health-care bills backed by Obama would destroy many cheap employer health-care plans by gutting key provisions of the federal ERISA law, which slices through red tape and allows employers to provide economical health-insurance plans on a nationwide basis. The bills would open the floodgates to costly lawsuits against employers that provide health insurance to their employees, and require bureaucratic approval of health-insurance plans before they could go into effect on a national basis. In the absence of ERISA, health insurance plans provided by a national company have to satisfy a bewildering array of conflicting regulations and mandates that differ from state to state, add cost, complexity, and delay to medical care, and balkanize the health-care sector.
Other countries that have cheaper health care do not have local health-insurance regulations, preferring one national regulatory scheme for everyone. My French father-in-law is a communist trade unionist, but it was obvious even to him that he needed private supplemental health insurance to fill the gaps in France’s national health-care system. So he bought a private health insurance policy on the free market that came in handy when he needed continuing care after his quadruple bypass surgery. Supposedly socialist France actually has much less regulation of health insurance than supposedly capitalist America, where insurance is terribly costly in states like New York and New Jersey because of all the regulations and government mandates.
Economists and insurance experts have long proposed ending the federal regulation that allows states to block consumers from buying health-insurance across state lines. Almost every other product can be bought across state lines. But the Obama Administration is rigidly opposed to this reform. In a debate with Sarah Palin, Joe Biden championed this harmful regulation that impoverishes American consumers to reinforce the power of state bureaucrats and the profits of expensive health-insurance providers that benefit by thwarting competition from cheaper out-of-state rivals. So much for fixing what’s wrong with the status quo.
Without the reforms opposed by Obama, we will never get our health care costs down to the levels of other countries, which have enormous cost advantages over the U.S. through things like lower doctor and nurse salaries, less defensive medicine from costly and unwarranted malpractice suits (America uses virtually unguided juries to decide malpractice cases, even though juries are not experts either at seeing through unfounded claims, or at recognizing genuine ones where the doctor was really negligent), and lower drug costs (mostly from those countries’ artificial caps on drug costs, which effectively forces U.S. consumers to pay for the entire world’s R&D costs, and partly from other factors like lower products-liability costs, since the U.S. refuses to preempt even lawsuits against FDA-approved drugs). Liberal lawmakers are seeking to make Obama’s plan even worse and more costly by turning it into a “trial lawyer bonanza.”
Earlier, the non-partisan Congressional Budget Office gave an honest but “devastating assessment” of the incredibly high cost of the health-care plans backed by Obama, which would cost well over a trillion dollars, to cover just 16 million of the more than 40 million uninsured Americans.
Obama is angry about that truthful conclusion, as well as the CBO’s finding that his wasteful stimulus package will actually reduce the size of the economy “in the long run.” (The stimulus package also destroyed thousands of jobs in America’s export sector, and ended welfare reform).
So Obama recently invited CBO Director Douglas Elmendorf, a “Democratic appointee,” to the White House to pressure him to reduce his cost estimates. Earlier, Democratic Senator Majority Leader Harry Reid earlier attacked Elmendorf for reporting the truth about the Administration’s costly health care plans, suggesting that Elmendorf should “run for Congress.” To Reid and Obama, politics comes before truth. But the last thing we need is Enron-style accounting from government accountants.
Obamacare would also restrict resources for end-of-life care for the elderly, and mandate the provision of wasteful end-of-life counseling for the elderly (such as lecturing them about the right to hasten their own death by refusing nutrition).
Federal Communcations Commission broadband coordinator Blair Levin, charged with coming up with a “U.S. National Broadband Plan,” by February, says the 8,500 pages of comments (surely he’s read them all) received so far exhibit “sloppiness” and “”lack of seriousness and purpose,” and contain “very little in the 8,500-something pages that moves the ball forward.” Perhaps he has something better in mind. Here at CEI we filed initial comments, then again in the reply comment phase, for which the deadline was Tuesday the 21st.
Our take must be regarded as least serious of all, since we cling to the now-marginalized view that central governments ought not impose “national plans” in the first place; that the original spectrum scarcities that originally spawned the FCC are far less relevant today; that the agency should be vastly shrunken, and minor residual regulatory functions and disciplines be turned over to competitive enterprise, or at the worst the Federal Trade Commission (a general, not specific industry, regulator). The communications marketplace needs liberalization, not new and layered management from above, and the comment phase on the National Plan is an opportunity to make that case.
Unfounded regulation and “national plans” are damaging for the same reason all central economic planning is bad. It’s much deeper than a failure to know the price to set for any particular service, or where new communcations services ought to be deployed across a vast nation. Tacit knowledge of individuals about proper prices to be set and appropriate service areas to energize are not accessible to external observers and regulators; they emerge from the competitive process itself. And knowledge of past prices and market conditions are not predictors of the future in any way.
Regulation either sets quantity or price of goods or services; “market-based” approaches typically favor quantity standard that allows price to fluctuate. But there are grave problems with the government steering while the market rows. The communications system can end up embodying something entirely different that what simple free enterprise would have delivered more effectively.
As the Austrian economists tell us, without respect for private ownership and control of the means of production, and the human interactions that take place in competition for them, there cannot exist economic calculation and rational allocation of resources generally; but that’s especially true for cutting edge technolgies like communications that are so in need of liberalization. So for my part, it’s the belief in central planning itself that I consider “sloppy.”
Below see CEI President Fred Smith’s comments on Jonathan Hillel’s piece in the San Jose Mercury News:
Hillel’s piece raises the very interesting question of whether the use of copyrighted materials must forever remain out of reach of most people. The vast majority of creative works disappear from public view within a very short time of their release. Few books or records are best sellers, many magazines (especially specialized magazines and journals) go out of existence in a decade or so. Yet, the information and enjoyment value of these works might enrich millions of people in our new e-world. Currently, the length of copyright and the reluctance of any one to devote the resources to bring them back into view mean they’ve been taken from the world’s “library” and “record/CD/DVD” shelves.
One way to think through this topic is to consider how real (as opposed to intellectual) property that has been “abandoned” is treated. Land, for example, remains in the hands of the original owners unless (as is very often the case) no one has paid the property taxes for a number of years (in political jurisdictions without property taxes – there must be some – I have no idea what is done) and then these lands are sold to compensate the jurisdictions for the unpaid taxes. In another case, individuals may open a financial account in some institutions and then for some reason (death, forgetfulness, small balance) simply abandon it. Since some costs are incurred in maintaining such accounts, some private institutions will simply close the account and absorb whatever assets are in that account (airline loyalty programs, for example) although generally an effort is made to warn the user that such action is imminent. Banks, being regulated and subsidized, take various approaches to what, in that context, are called “dormant accounts.” After a period of inactivity, the banks post notices and, if no response is received, any funds (less management fees) are generally transferred to the state in which that account exists. (Depending on state law, one may be able to recover the funds even after this transfer if adequate documentation can be provided.) In some jurisdictions, however, the financial institution simply retains the funds and uses them as part of their reserves, while still honoring the obligation to repatriate the funds (perhaps with interest) if a qualified owner eventually turns up.
Whether the shift of “orphan” copyrights to the state or a creative party and, in either case, what obligations should exist if the owner does appear after some period of time, is an interesting question. The Google “answer” seems both equitable and fair.
In yesterday’s San Jose Mercury News, CEI Policy Fellow Jonathan Hillel talks about the Justice Department’s antitrust investigation into the Google Search Settlement. Read it here.
Afraid of Google taking over the world? The Justice Department seems to be. It recently confirmed its antitrust investigation into the Google Book Search Settlement, citing “public comments expressing concern” as impetus for the inquiry. European Union officials have also started sniffing around.
These concerns are misguided, and outmoded antitrust regulation will stunt the growth of the emerging book search market.
The Drug Enforcement Administration ($2.2 billion 2009 budget, 10,891 employees) would like to schedule fospropofol, approved by the FDA last year for use as an anesthetic, as a Schedule IV controlled substance. It appears to be mildly addictive in lab animals.
News came last week that Republican Senator Saxby Chambliss would remove his “hold” on the nomination of Cass Sunstein to be the next Administrator of the Office of Information and Regulatory Affairs. But, while Sunstein has seen a bit of opposition from Republicans critical of his generally left-of-center political views, the main opposition has come from far-left Democrats and the environmental and consumerist movements over Sunstein’s embrace of cost-benefit analysis in regulatory policymaking. Especially troubling to these groups is Sunstein’s support for what critics deride as the “senior death discount,” which Time describes as “the statistical practice of taking into account years of life expectancy when evaluating a regulation.”
If that’s a problem for Cass Sunstein, then what are we to make of various Democratic proposals to allocate fewer health care resources on the basis of their expected value to society? My colleagues and I have been critical of the Administration’s desire to insert comparative effectiveness analysis into both the new drug approval process and government health program reimbursement policies. Cost-benefit and comparative-benefit analysis are useful tools and should be used in regulatory analysis. But, these analytical tools don’t take sufficient account of the vast differences from person to person in both physiology and value preferences, and they should be relied upon much more sparingly where collective decision-making is intended to cut off individual choice. And people spending private money ought to be free to spend it, even on things the government or someone else might find wasteful.
Now, John Goodman at NCPA points out that White House health care policy advisor Ezekiel Emanuel has explicitly endorsed adopting not only comparative-effectiveness and cost-benefit analysis in the health care realm, but also the senior death discount. In an article in the Lancet on January 31, 2009, Emanuel “advocated allocating health resources in order to maximize collective life years,” according to Goodman. “Suppose a 25-year-old and a 65-year-old have a life threatening disease. Since the 25-year-old has many more potential years of life ahead of him, he should receive preferential treatment, says Emanuel. He justifies denying care to elderly patients in the following way:
[Directly quoting Emanuel's Lancet article here:] The complete lives system discriminates against older people…. Unlike allocation by sex or race, allocation by age is not invidious discrimination; every person lives through different life stages rather than being a single age. Even if 25-year-olds receive priority over 65-year-olds, everyone who is 65 years now was previously 25 years.
Back in 2003, Senator Richard Durbin (D-Ill.) even proposed a statutory ban on regulatory agencies using the senior death discount. So, if embracing the senior death discount is sufficient grounds for people like Durbin to oppose Sunstein and his predecessors at OIRA — Susan Dudley and John Graham — I assume that, any day now, we can expect Senator Durbin and his colleagues to announce their opposition to the current health care reform proposals. Of course, I wouldn’t advise holding your breath.
Standing Before the FCC Shouting Stop
by Jack O'Connor on July 23, 2009
in Features, Regulation, Tech & Telecom, Zeitgeist
CEI submitted our initial comments to the FCC on broadband policy last month, and this week we submitted our reply comments. A brief overview: