January 2012

The pending U.S. Free Trade Agreements with South Korea, Panama, and Colombia are languishing in limbo, despite the fact that all three agreements will improve the flow of goods and services, foster economic growth and create jobs, and enhance the close relationships between the U.S. and those countries.   That was the theme of the panel of speakers at The Heritage Foundation’s seminar today, “Getting America’s trade agenda back on track.”

The panel featured H.E. Han Duk-soo, Ambassador of the Republic of Korea; Francisco Álvarez de Soto, Vice Minister for International Trade Negotiations, Republic of Panama; and Ricardo Triana, Director, Colombian Government Trade Bureau.  The speakers pointed principally to the FTAs’ benefits to the U.S., not only in economic terms but in its national interests.  Ambassador Terry Miller, the moderator, noted that the three countries are entering into trade agreements with other major trading partners, while the U.S. holds up action on their trade pacts. That disadvantages the U.S., which can’t yet take advantage of significantly lower tariffs on exports of numerous goods and services that the FTAs include.

Representative Bob Goodlatte (R-VA) rounded out the presentations by emphasizing the benefits of free trade, especially in the current downturn, when increased trade can lead to more vibrant economic growth and job creation.  In his closing remarks, Goodlatte hit the cap-and-trade bills currently being considered for the job losses they will create.  He also noted that the proposed sanctions on imports from countries that don’t enact a CO2 repression regime would be a huge mistake and a blow to the world trading system.

Some of the consequences of increasing government’s role in health care are easy to predict. One is that cutting costs requires cutting the amount of care. That means rationing. People judged not deserving of care would be denied it.

Another is that if government uses its increased bargaining power to lower drug prices, there will be less money for R&D. That means less innovation. That could well mean the end of increasing life expectancies.

Some people see these consequences and oppose more government in health care (I refuse to call President Obama and Congress’ proposal a reform; that word implies improvement). Others see those same consequences as reasons for supporting proposed legislation.

Today’s issue of OpinionJournal’s Political Diary (requires paid subscription) shows that Robert Reich, who supports government-run health care, realizes its effects on rationing and innovation, supports it anyway, and said so in a public speech at UC Berkeley in 2007.

Mr. Reich told the Berkeley youngsters: “You — particularly you young people, particularly you young healthy people — you’re going to have to pay more. And by the way, if you’re very old, we’re not going to give you all that technology and all those drugs for the last couple of years of your life to keep you maybe going for another couple of months. It’s too expensive . . . so we’re going to let you die’”

Reich goes on:

“I’m going to use the bargaining leverage of the federal government in terms of Medicare, Medicaid — we already have a lot of bargaining leverage — to force drug companies and insurance companies and medical suppliers to reduce their costs. What that means, less innovation and that means less new products and less new drugs on the market which means you are probably not going to live much longer than your parents.”

Whether you support more government in health care or not is up to you. But it is not disputable that those consequences exist. They should be factored into your opinion. Supporters of proposed legislation should acknowledge the effects of their ideas. Instead, they usually run away from them.

Kudos to Robert Reich for the intellectual honesty he displayed in his speech. More, please.

Updated 10/16/09

Over the weekend, Sens. John Kerry (D-MA) and Lindsey Graham (R-SC) co-authored an oped in the New York Times titled, “Yes We Can (Pass Climate Change Legislation).”

On Tuesday, my colleague Myron Ebell responded with “Yes We Can (Raise Your Energy Prices and Send Jobs Abroad).”

On Wednesday, the Washington Examiner  scorned “Lindsay Graham’s costly collegiality.”

Thursday, on MasterResource.Org, the free-market energy blog, I posted “Sen. Lindsey Graham’s Me-Too Kyotoism (will he snatch defeat from the jaws of victory?)

In the Washington Examiner, Mark Tapscott concludes that “Lindsey Graham is the Senate’s densest Republican.”

Timothy H. Lee of the Center for Individual Freedom says Lindsay Graham Desperately Tries to Become Cool with Global Warming.

Health-care “reform” always costs more than predicted, as ObamaCare provisions have at the state level.  So the claim that the new, cheaper version of President Obama’s health care plan will cost only $829 billion, while not increasing the deficit, should be taken with a grain of salt.

Senate Majority Leader Harry Reid admitted that the actual cost will be more like $2 trillion, and health-care experts have given it a similar price tag of more than $2 trillion.

The reason for the lower $829 billion price tag was that the bill’s supporters promised to offset its costs by making massive cuts in Medicare that no one actually expects politicians to follow through on, since Medicare cuts infuriate seniors and doctors.

Year after year, Congress waives “the annual cut in fees paid by Medicare to physicians” mandated by an earlier law. Yet, now, backers of ObamaCare claim they will cut Medicare by much more to finance coverage of the uninsured. The most recent version of ObamaCare drafted by Senator Max Baucus of Montana claims it will also make “$240 billion in cuts to hospitals, home care providers, nursing facilities and hospices.” Based on Congress’s past track record, the chance of this happening is zero.

As economist and former Congressional Budget Office director Douglas Holtz-Eakin notes in the Wall Street Journal, the promised cuts to pay for ObamaCare will not happen: “Congress will not allow doctors to suffer a 24% cut in their Medicare reimbursements. Senate Democrats chose to ignore this reality and rely on the promise of a cut to make their bill add up. Taking note of this fact . . . destroys any pretense of budget balance.”

As Holtz-Eakin notes, some “middle-class families would get hit with a double-digit increase in their marginal tax rate” under this version of ObamaCare.

Moreover, state budget deficits and state taxes will increase under ObamaCare, which outsources costs to the states by requiring states to expand their Medicaid programs for poor people.

Backers of ObamaCare have refused to cut medical costs through tort reform, with Senate Majority Leader Harry Reid saying it will save “only” $54 billion. Yet they justify ObamaCare partly on the alleged need to prevent uninsured people from not paying their medical bills — even though unpaid medical costs are only 2 percent of all medical costs, a small multiple of the amount Reid admits could be saved from tort reform. (Tort reform would cut the wealth of trial lawyers, who are some of the biggest supporters of the Democratic Party.) In reality, tort reform would save far more than $54 billion.

The Pacific Research Institute estimates that just one type of cost that could be reduced through malpractice-lawsuit reform — defensive medicine — costs around $200 billion annually (which is almost as much as France spends annually on health-care for all of its citizens; France has no punitive damages, few lawsuits against doctors, and “loser-pays” rules).

One reform — setting up specialized health tribunals to hear malpractice cases — would be particularly helpful.  Using specialized health courts, rather than continuing to use uninformed juries, would provide more consistent rulings from case to case, eliminate meritless cases, reduce defensive medicine, and more speedily compensate injured people who truly are victimized by doctors’ carelessness. Such tribunals already exist in countries like “Sweden, Denmark, Finland, Iceland and New Zealand.”

Comprehensive tort reform would also reduce lawyers’ wages, resulting in some additional students choosing to go to medical school (where a critical shortage of doctors is projected over the next decade) rather than to law school (there are already too many lawyers, who sometimes can make work for themselves by bringing “creative” lawsuits).  At least two of my law school classmates had already gone to medical school before going to law school (one decided to become a medical malpractice lawyer). At least a dozen that I know of had considered going to medical school instead.  But life is easier as a lawyer, and you don’t get sued as much if you are a lawyer rather than a doctor.   As long as professionals like lawyers get paid a lot, doctors will have to be, too — greater “wage inequality” in the U.S. means that we have to pay doctors more than other countries do to get the same number of people to become doctors.  (The looming shortage of doctors is aggravated by arbitrary restrictions placed on highly-qualified immigrant doctors, who have to repeat their residencies all over again  in the U.S. even if they manage to immigrate to the U.S.)

Another reform opposed by Obama that would make health insurance cheaper would be to let people buy cheaper insurance across state lines, which an antiquated federal law now prevents.  Countries with cheaper health insurance permit national competition among insurers.

Martin Feldstein, one of Obama’s own advisors, has said that Obama’s health-care plan would explode the federal budget deficit and lead to “crippling deficits,” as well as “higher taxes, debt payments, and interest rates” that would cut America’s standard of living.  Feldstein also noted that Obama’s health-care plan would harm people with insurance, and predicted that it would lead to massive tax increases.  Other analysts have predicted that it will drive up medical costs and inflation.

Obama is relying on $2 trillion in imaginary savings to pay for his health care plan.   He is also relying on tax increases, which breaks Obama’s campaign promise not to raise taxes on the middle class.

Fact-checkers say Obama is lying about health-care.  CNN Money says ObamaCare would take away 5 freedoms.

On November 4, California regulators may vote to ban big-screen televisions. The large sets use more energy than they would prefer.

Commissioner Julia Levin claims the ban “will actually save consumers money and help the California economy grow and create new clean, sustainable jobs.”

It is easy to imagine the ban costing tv manufacturing jobs; less so the jobs that would take their place.

Fortunately, the ban isn’t terribly enforceable. Consumers can just drive to Arizona, Nevada, or Oregon to get the kind of tv they want.

A final point on semantics: what does “sustainable” even mean, anyway? It is a meaningless buzz term, right up there with “synergy” and “paradigm.” This decade’s equivalent of “social justice.”

If anything, use of the word “sustainable” signals that a person knows not of what they speak. If you’re unable to defend a proposal on the merits, just use fashionable buzz words that poll well.

No, you won’t get GI Bill benefits but then again you don’t have to get shot at, either. It’s for my website Fumento.com. But I will also soon be looking to build the Independent Journalism Project website, so help would be appreciated there too. Other than what should be a short learning curve, it’s probably just a three-hour-a-week task for somebody with web skills; but I know less about HTML than about the approximate air velocity of the African swallow. That said, somebody with initiative could have all sorts of fun improving things. I don’t feel bad about asking for volunteers in that so much of my own work is pro bono, including the site itself.  But the site does have about 19,000 outside links and is important to a lot of people.

Please direct responses to fumento@pobox.com.

Thanks.

Today, Slate features a rant by disgraced former New York Governor Eliot Spitzer that includes distortions and falsehoods so blatant that they wouldn’t merit a response if they didn’t come from so loud a megaphone.

Spitzer is miffed at the U.S. Chamber of Commerce for opposing the major expansions of government power currently being proposed in Washington.The Chamber, he says, has a “right to be wrong” (wrong in Spitzer’s universe apparently being anything that opposes the expansion of government), but it doesn’t have a right to do it with “our money.”

“Our” money? Yes, according to Spitzer, the publicly held companies that are members of the Chamber have an obligation to promote a liberal agenda — or at least not oppose it — because that’s what shareholders want. What he bases this belief on is hard to fathom. Has he polled a substantial sample of all (or a least a substantial majority of) America’s publicly held companies? Public company shareholders are a diverse lot; to ascribe uniform political views to them as whole is absurd, to put it mildly.

But even if a majority of shareholders of a majority of companies were left-leaning, all responsible shareholders share the same goal, independently of political views: Increasing shareholder value. Spitzer claims that, “It is corporate leadership, though its support of the chamber, that has injected politics into the corporations that we own.” Yet its not support of politics that seems to irk Spitzer so much, but support of policies he doesn’t favor.

“So what should be done?” he asks.  He wants “public pension funds [to] pressure the board to drop the chamber membership. If one activist state comptroller begins to build this coalition, the other state pension funds will follow.” Somehow, in Spitzer’s universe, this isn’t playing politics.

Moreover, Spitzer’s claim that institutional investors have shown a “passive, permissive attitude toward the management” is blatantly untrue, as a casual look at the board of the environmental activist investment fund Ceres makes clear. Ceres lists as Co-Chair none other than the CEO of the California Public Employee Retirement System. Ceres describes itself as “a national network of investors, environmental organizations and other public interest groups working with companies and investors to address sustainability challenges such as global climate change.”

This brazen hypocrisy is merely annoying, but it’s Spitzer’s substantive recommendation that is really harmful. California’s state employee retirement funds provide a good example. Last year, the California State Teachers’ Retirement System reversed its politically correct no-tobacco-stocks policy after it acknowledged that the tobacco ban had cost the plan $1 billion in lost gains.

In addition, many union pension funds today are severely underfunded, largely as a result of politicized investment strategies. The AFL-CIO’s 2008 Key Votes Survey actually boasts that, “The AFL-CIO and leading institutional investors continue to work with President Obama, Senate Banking Committee Chairman Chris Dodd, and House Committee Chairman Barney Frank to pass landmark ‘say on pay’ bill” and that, “in 2008, the AFL-CIO Office of Investment, working with leaders of the Interfarith Council on Corporate Responsibility (ICCR), successfully drafted and presented a new shareholder proposal on health care reform.”

The only logical connection either of these efforts could have to the AFL-CIO fulfilling its fiduciary duty in ensuring that the companies in which its pension funds own shares are being well run is that the AFL-CIO’s fund managers believe themselves to be so incompetent to the task that they simply cannot do it without a federal law helping them along.

And it is that kind of activism that Spitzer wants more of. Responsible shareholders should be thankful that he no longer has the power to force it on them.

For more on the politicization of pension funds, see here and here.

Plenty, according to the new film, The Cartel. The film purports to show “educational system like we’ve never seen it before. Behind every dropout factory, we discover, lurks a powerful, entrenched, and self-serving cartel.” Trailer below.

In fact, the power of teachers unions is part of an even greater problem: the growing ranks of unionized government workers, a phenomenon that creates a permanent constituency favoring the growth of government — one that is well organized, motivated, and well funded.

For more on public sector unions, see the study, “Vallejo Con Dios: Why Public Sector Unionism Is a Bad Deal for Taxpayers and Limited Government.”

It’s about time that business groups started defending free enterprise, and the U. S. Chamber of Commerce is off to a good start – a bit belatedly – with its “American Free Enterprise. Dream Big” campaign. Launched on October 14, the campaign features national TV and print ad campaigns, a video contest, small business awards, and other outreach.

Here’s the underlying message, as shown on their website:

At the U.S. Chamber, we believe that the values of individual initiative, hard work, freedom of choice, and the free exchange of trade, capital, and ideas can lead America back to prosperity. Only free enterprise will create the innovation, the opportunities, and the jobs our nation needs. That is why we are launching this campaign.

The Chamber has been under a lot of pressure recently to cave in to the rent-seekers on global warming policy.  Some members of the Climate Action Partnership seeking to profit from cap-and-trade legislation  –  the utilities Pacific Gas & Electric, PNM Resources and Exelon — bowed out of their Chamber membership. Then, Nike and Apple sanctimoniously dropped their membership.  But as the Wall Street Journal noted today, both of those companies would escape onerous energy taxes from global warming legislation because most of their manufacturing is done in countries that don’t yet suppress energy use.

The WSJ points out how short-sighted these companies are:

If companies are going to dump the Chamber over a single dispute, then the overall influence of business in Washington is likely to decline. The Chamber’s job isn’t to favor one company’s agenda over another but to stand broadly for free trade, low taxes and limited regulation-principles that help U.S. business as a whole.

Having abandoned their business allies on climate change, Apple and Nike might wake up one day to discover they need those friends on one of their crucial issues. It will serve them right if they find themselves alone in the Beltway square.

The Chamber deserves kudos for standing firm on principle and coming out loud and clear in its support of free enterprise.

Here is the letter I wrote that appeared in the Los Angeles Times in response to Erwin Chemerinsky’s article on the constitutionality of health care reform.  Chemerinsky teaches at UC Irvine’s law school.

Chemerinsky argues that according to Supreme Court precedent, the proposed health care reform bills will be considered constitutional.

Unfortunately, he is probably right.

The author of our Constitution, however, would disagree. In Federalist 45, Madison writes, “the powers delegated by the proposed Constitution to the federal government, are few and defined.”  According to Chemerinsky’s reasoning, Congress’ powers are anything but few and defined.

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