January 2012

The answer to the problem of Toyotas running amok, says Ralph Nader in a Los Angeles Times op-ed today?

Choose one response:

1. More regulation.
2. More regulation.
3. More regulation.
4. All of the above.

He observes that the budget of the National Highway Traffic and Safety Administration (NHTSA) has declined to half what it once was, thereby making disasters like this more or less inevitable. Yet he also admits that every year cars get safer and safer. They were getting safer when NHTSA’s budget was growing, and safer when NHTSA’s budget was shrinking. Some people might say that indicates there are factors at play other than federal regulation, but not Ralph Nader.

I have repeatedly blogged on the Toyota witch hunt and have a forthcoming article showing it’s exactly that. But then again, Nader knows all about witch hunts.

Nader came to fame with his 1965 book Unsafe at Any Speed, in which he hounded the sporty little Chevy Corvair (see inset) into extinction, claiming it had a defective rear suspension making it prone to flip. But two separate NHTSA studies later found it was as safe as any other car on the road at the time.

Thanks, Mr. Nader.

“It occurred to me that this panel would only take place, of the industrialized nations, in the United States of America.  That in every other industrialized country, they’ve made the threshold decision that health care would be provided in some fashion, maybe through the public sector, often entirely through the private sector…to all of their people.” “I want to tell you something.  I think that a 39% rate increase, at a time when people, Americans, are losing their jobs, losing their health care, is so incredibly audacious, so irresponsible….”

These are the words of borderline apoplectic Representative Schakowsky during a congressional hearing yesterday on Anthem Blue Cross’ recent premium hikes for insurance purchasers in the individual market in California.  The quote came during her questioning of WellPoint’s (Anthem’s parent company) CEO, Angela Braley.  Her comment was illustrative of the attitude most of the representatives shared towards Anthem’s recent rate hikes.  The representatives were, to put it delicately, quite upset by the rate hikes.  You can watch the hearing here, if you want to see what an angry mob of Congresspeople looks like.  Ms. Schakowsky’s comments quoted above can be found around nine and fifty-seven minutes into this session of the hearing.

Anthem announced its rate hikes (averaging 25%, and capped at 39%) in November, and hired an independent actuarial firm to determine whether or not the hikes were justified.  The company claims that increasing medical costs, combined with healthy people dropping their insurance because of tough economic times, caused the company to have to increase their rates in order to remain profitable.  In the last year, Anthem made about 2.38 billion dollars in profit (although only at a profit margin of less than 5%, as Braley continually reminded the panel).  Further, the company actually lost money in the individual market the previous year, necessitating the rate hikes in order to keep that segment of the business solvent.  Red ink does not tend to be a viable business model.

Braley’s grilling followed a heart-wrenching panel of people who had had their rates hiked by Anthem.  These people were all generally healthy, well-spoken, hard working, and sympathetic.  All undoubtedly face real hardship due to their increased insurance premiums.  What is worse is that all three had pre-existing conditions or children with pre-existing conditions.  This causes it to be very difficult for them to switch coverage, limiting their ability to shop around for the best price on insurance.

WellPoint faced increasing costs due to an inflation in doctors’ fees, hospital fees, and pharmaceutical fees.  Doctors’ fees had increased 6%, hospital fees were up 10%, and pharmaceutical fees were up 13%, which naturally resulted in a considerable increase in operating costs for insurers.  Braley pleaded her case to the representatives that the rate hikes were a mere symptom of the larger problem facing the American health care system, increasing medical costs.  She claimed not to like increasing premiums, but said that in order for Anthem to remain profitable she was forced to.  If WellPoint ran losses and went bankrupt, all of their customers would lose their coverage.  No one would want that.

One thing was incredibly clear from the hearing yesterday.  Our health care system is critically broken.  Seemingly endless price hikes, limited insurance portability, low competition, limited ability for consumers to switch insurance coverage, challenges for people with pre-existing conditions, and shortages of providers are all real reasons that the system must be reformed.  Essentially everyone (even insurance companies) agrees that health care must be reformed.  The question is, what reforms will be best for the American people?

The representatives seemed to think that these problems were caused by the desire of health insurance providers to profit from their businesses. As Mr. Stupak said approximately 35 minutes into the video linked to above, “The only way we’re going to get more affordable is to knock off these profits that are being paid for by the average American…I don’t mind you making a profit, but at the end of the year, 2009, a horrible year, you made 2 point something billion dollars, and that’s not enough?”   Demonizing for-profit health insurance companies is not the way to go about reforming health care.  Profits do not keep insurers from providing a satisfactory, affordable product any more than they keep grocers from providing satisfying, affordable groceries to consumers.  In fact, profits help the process of providing goods people want at an ever increasing level of efficiency.

The representatives seemed to be incensed that the companies were not providing health care to individuals as a public service.  But it’s not their job to provide health care as a public service.  It’s their job to make money for their shareholders.  Further, health insurance is not a zero-sum-game in which either you make profits or you serve consumers.  Making profits, in fact, means that companies are doing a good job serving consumers want (although the market incentives in health insurance have been admittedly been greatly distorted by government intervention).

Most of the problems in the health care marketplace have been caused, at least in part, by the intervention of government into our health care system.  Employer-based insurance was literally created by government intervention during World War II, when wage controls caused employers to look to offer benefits as a way to attract skilled employees in lieu of high wages, and is perpetuated by the favoritism it is shown over individual health insurance in the tax code.  This third party payment system has caused people to be separate from their health care dollars, reducing the costs to the consumer of consuming more health care than he needs.  Requiring stringent examination of new drugs by the FDA has caused drug prices to skyrocket, and has shielded big drug companies from new competitors (while still allowing dangerous drugs onto the market).  Federal restrictions on buying insurance from out of state have reduced the ability of consumers to shop around for the best coverage at the lowest price.  And state restrictions on who can perform what medical services have reduced the number of available medical providers, increasing costs.

The result of government “fixing” health care has been that health care has become more expensive and less efficient.

Other countries which run their health care as a public service suffer nasty side effects.  Long lines for services, shortages of beds, care-givers, and medication, lack of innovation, and higher taxes are just a few consequences of operating health insurance as a public service.

Attacking Anthem’s rate hikes is, in medical terminology, a palliative (treating the symptoms rather than curing the disease) treatment.  In order to reform health care and keep costs low, policy makers must deregulate the health care industry in order to spur competition, improve consumer choices, and decrease prices.  Eliminating restrictions on purchasing out of state insurance, increasing the number of routine medical practices nurse practitioners and other non-MD health care providers can perform, easing FDA restrictions, and equalizing the tax incentives for individual and employer-based insurance would be a good start.

NOTE: Anthem was not standing up for a free market approach to health care during the hearing.  They favor health care reform in which everyone is forced to buy insurance, which, not so surprisingly, would benefit them and other health insurance companies.  Corporations are not saints.  In fact, very frequently, like Anthem, they seek regulations that will benefit themselves or kneecap their competitors.  They are simply efficient providers of goods and services, health care included, when government does not interfere with the workings of the market.

Vice President Joe Biden announces retirement (savings program).

If only we were so lucky. (In reality, it doesn’t matter. As he recently said, “It’s easy being vice president—you don’t have to do anything.”)

Biden, with the White House, revealed a new consumer financial protection program today. The new proposal, while still light on details, includes new regulations protecting consumers from financial products, additional consumer protection in the mortgage industry, and additional protections for retirement security.

The irony is overwhelming. The proposal writes: “In the wake of the Madoff scandal, it is clear that all investors need better protection from fraud and unscrupulous actors.” Is that the same scandal that was reported to the SEC multiple times and ignored? Surely throwing more money at the organization will fix the problem. The unfortunate truth is that many investors likely assumed that such a large scale investment operation must have been vetted by the SEC and was legitimate.

It goes on to say: “Too many mortgage brokers pushed families into loans that were not suitable for them and with terms that they did not understand.” I wonder why they did that. Don’t those mortgage lenders know that lending money to people who can’t afford to pay you back is a bad idea? (Hint – when you know the government is behind you with an unlimited supply of monopoly money, it becomes a good idea.)

Between tax credits for housing, interest deduction on your taxes, government sponsored Fannie and Freddie, low interest rates, et cetera, I was under the impression that the government wanted you in a home no matter the cost. Too bad there isn’t a mechanism that can figure out the efficient number of home owners versus renters in America. Until someone can figure that out, I guess we’re left with Uncle Sam.

CEI Weekly is a compilation of articles and blog posts from CEI’s fellows and associates sent out via e-mail every Friday. Also included in the Weekly newsletter is a brief description of CEI’s weekly podcast and a feature on a major CEI breakthrough made during the week. To sign up for CEI Weekly, go to http://cei.org/newsletters.


CEI Weekly
February 26, 2010


>>CEI Studios First Hit Music Video
CEI’s Marlo Lewis performs on his guitar, “How I was not Al Gored into Submission.” It’s made its way onto the web pages of Townhall.com and the American Spectator.


>>Shaping the Debate
Environmental Protection Agency Takes Heat on Climate Rule
Sam Kazman’s citation in the Politico

FCC Aims to Haul Digital Have-Nots Across the Divide
Ryan Radia’s citation in TechNewsWorld

Barack Obama’s Climate Change Policy in Crisis
Myron Ebell’s citation in the Telegraph

FCC Calls for Faster Internet in the U.S.
Michelle Minton’s article in Opposing Views


>>Best of the Blogs
Credit CARD Act Penalizes Thrift and Entrepreneurship
by John Berlau
Today, the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act of 2009 goes into effect. While the law, passed last May, is being hailed as a boon for consumers, it’s already causing a slew of unintended consequences. Congress should carefully consider how the CARD Act will harm consumers and entrepreneurs and revise the law’s flawed provisions.

Dangerous Green Hysteria May Impact Food Safety
by Angela Logomasini
According to a story in the Washington Post of Feb. 23, food and packaging companies are having a difficult time trying to find and employ alternatives to the chemical Bisphenol A (BPA). Companies use BPA to make hard clear plastics and epoxy resins used in a wide range of applications. Yet companies are now spending millions trying to rid the world of this innocuous and valuable chemical all because of green activist hype about its risks.

Regulation of the Day 119: Bake Sale
by Ryan Young
New York City’s public schools spent $18,365 per student in the 2007-2008 school year. That spending has been growing at more than double the rate of inflation over the last decade. Instead of firing teachers for incompetence (and sometimes worse), the district re-assigns bad teachers to “rubber rooms,” where they do nothing except receive their full salary. Maybe play Scrabble or surf the Internet. But mainly sit around and get paid.


>>LibertyWeek Podcast
Episode 81: CPAC 2010 in Review
Richard Morrison, Jeremy Lott and Marc Scribner collaborate to give you episode 81. We cover the political adventures of CPAC 2010, Toyota’s chilly reception in Washington, the crackdown on credit cards, rising uncertainty about sea levels and the peeping laptops of high school officials.


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President Barack Obama has appointed Service Employees International Union (SEIU) President Andrew Stern to a new commission tasked with coming up with recommendations to help reduce the federal deficit. While disappointing, this is not surprising. Stern’s appointment is merely the culmination of a series of appointments by the Obama administration of individuals closely associated with SEIU to government posts.

These include Patrick Gaspard, a former vice president for politics and legislation for SEIU Local 1199, a giant New York health care workers union, who was named White House political director following Obama’s election, and SEIU Treasurer Anna Burger, who was named to Obama’s Economic Recovery Advisory Board. Then there’s former SEIU associate general counsel Craig Becker, whose nomination to the National Labor Relations Board failed in a Senate cloture vote.

Stern himself, according to White House visitor logs released in November, visited the White House at least 22 times in 2009, making him the most frequent visitor during that time (the Alliance for Worker Freedom has filed a request for an investigation of Stern for possible lobbying disclosure violations, including during those visits).

This access hasn’t come easy. SEIU has invested heavily in politics. In 2008, it was the seventh biggest campaign donor, with nearly all of its contributions going to Democrats, according the the Center for Responsive Politics. Stern told The Las Vegas Sun in May 2009: “We spent a fortune to elect Barack Obama — $60.7 million to be exact — and we’re proud of it.”

Coziness between the administration and a special interest aside, asking the head of a union that organizes public sector workers presents a clear conflict of interest, especially now that union members in the public sector sectors outnumber their private sector counterparts for the first time ever.  Would Stern be willing to reduce growth of the sector where his union is most likely to find new members? More likely are calls for higher taxes to fund more “public services” for SEIU to unionize. That also shouldn’t be surprising. Today, government employee unions constitute a permanent special interest lobby favoring the growth of government, one that is motivated, organized, and well-funded.

For more on SEIU, see here, here, and here.

For more on public sector unions, see here and here.

Toyota stands accused of 34 sudden acceleration incidents over the last 10 years that are “linked to” or “associated” with fatalities, a figure that in just the last few weeks has jumped from 19. About 2,000 Toyota owners in that decade filed complaints with the National Highway and Safety Administration (NHTSA) that their vehicles suddenly accelerated. But the House Energy and Commerce Committee, which is holding hearing on the Toyota issue, has tacked on an additional 600 to that, for 2,600.

Back in the mid-1980s Audi was also deluged with sudden acceleration complaints, many in the wake of a spectacular “60 Minutes” segment. It received 2,500 in 1987 alone – the same as the total number of accusations against Toyota. “Sophisticated electronic controls are now believed to play a role in the problem,” reported the New York Times. Class actions suits were filed from here to eternity and one continues to this day.

Yet Audi 5000 sales peaked at 74,000 while during the last decade Toyota has sold 20 million cars here. So Audi per vehicle had about 27 times more complaints than Toyota. But it gets a lot worse for Audi. In 1987 Audi’s parent company Volkswagen of America gave NHTSA all the acceleration complaints it had received on the Audi 5000, sending the accident toll past 1600, including 400 injuries.

Audi recalled the vehicles and tried desperately to fix the problem, but no no avail. Complaints poured in on those vehicles, too.

If Toyota is “bad,” Volkswagen was absolutely monstrous – which is exactly how Congress and the media presented it.

But here’s the kicker: When NHTSA issued its comprehensive report on the Audi, which it had verified by a second panel, it found the entire problem came down to “pedal misapplication.” It avoided the term “driver error,” but said the problem was drivers who thought they were hitting the brakes but were slamming the gas pedal.

Is this proof that allthe Toyota sudden acceleration complaints are actually driver error? Of course not. When I wrote about the heterosexual AIDS hysteria, I was constantly accused of saying “heterosexuals don’t get AIDS,” despite my repeatedly stating that obviously they did. My point was that the numbers and the overall threat were grotesquely exaggerated and this caused great harm in many ways, in addition to needlessly scaring the poop out of people.

History never really changes; just the details.

The Wall Street Journal today reported that the E-Verify system, a Federal database designed to identify undocumented workers and prevent their employment, fails to identify such workers 54% of the time! All Federal contractors and thousands of private firms participate in the program and it is touted by anti-immigration activists as a solution to illegal/undocumented immigration.

This recent scandal should finally kill the push to make E-Verify a universal system. Anti-immigration activists from the Center for Immigration Studies to the Heritage Foundation have advocated on behalf of E-Verify. It is interesting that a Conservative think tank like Heritage is advocating for the most invasive work-place regulation since the Roosevelt Administration, but I have no doubt it is from a sincere conviction that illegal/undocumented immigration is a serious problem that requires a serious fix. The Competitive Enterprise Institute and myself completely disagree with that assessment. But even if you think that illegal/undocumented immigration is a serious problem, E-Verify fails to solve the problem.

While it cannot identify illegal/undocumented immigrants 54%, E-Verify could accomplish one thing: ossification of U.S. labor markets. With the official unemployment rate hovering around 10%, burdening employers and employees with additional workplace regulations like E-Verify will make matters worse. Additionally, making the right to work contingent upon government permission will do more to Europeanize U.S. labor markets, where unemployment hovers around 10% normally, than any other proposed regulation.

Alan Greenspan famously compared the anfractuous world of anti-trust regulations to the absurdity of Alice’s adventures in Wonderland. If E-Verify becomes the law of the land, American workers and employers will be thrust into a Kafkaesque legal nightmare that will make Wonderland seem like Heaven by comparison.

Hopefully, the failure of E-Verify on such a small scale will discredit the system and prevent any more employers and employees from feeling the weight of its regulatory shackles.

New York City’s public schools spent $18,365 per student in the 2007-2008 school year. That spending has been growing at more than double the rate of inflation over the last decade. That’s a lot of money. But since it isn’t spent very wisely, nowhere near that amount actually reaches the classroom.

Instead of firing teachers for incompetence (and sometimes worse), the district re-assigns bad teachers to “rubber rooms,” where they do nothing except receive their full salary. Maybe play Scrabble or surf the Internet. But mainly sit around and get paid.

Average teacher pay in New York City is approaching $70,000. There are about 700 teachers in rubber rooms. Assuming the rubber room teachers draw roughly average salaries, we’re talking about as much as $50 million that never makes it to the classroom from rubber rooms alone. That’s nearly $50 per student right there.

To make up for some of the money that gets lost in rubber rooms and central offices, schools often have fundraising events like bake sales.

Well, not anymore. At least not bake sales. Those are basically banned in New York City. Mayor Bloomberg and the city’s Department of Education worry that bake sales contribute to child obesity.

Bake sales are technically still legal. But only approved foods can be sold. And only at approved times. And never before the end of lunch hour. And you have to keep detailed records. And so on.

Complying with all the rules is just too difficult for a school basketball team raising money for a new scoreboard, or to cover the cost of traveling to a tournament.

Anything goes after 6:00 pm, food-wise. But hardly anybody stays in school that late. PTAs are given a longer leash. But even they cannot hold more than one bake sale per month.

(Hat tip: Fran Smith)

It’s not exactly a novel observation that people under duress often make false confessions. They say what they think they’re supposed to say.

During congressional hearings yesterday, which some have likened to a witch hunt, Toyota President Akio Toyoda took words directly from the multitude of “analysts” when he said the firm’s growth “may have been too quick” and “priorities became confused” as the carmaker grew.

The thinking of those who coached him seems clear. This was a way of accepting responsibility in a fairly benign way, and definitely deflecting blows of evil intent. The problem is that it conflicts with reality.

According to Consumer Reports2010 Car Brand Perception Survey, Toyota was by far and away the winner with 196 points compared to second-best Ford at 141. (The lowest score was Hummer with an 11.) For the year before, Toyota again easily topped out at 193 with Honda second at 149 and last place held by Suzuki at seven.

As I noted in an earlier blog, Edmunds.com, the premier online resource for automotive information, has obtained and reviewed the National Highway Traffic Safety Administration complaint database.
A key finding: Toyota was the subject of 9.1 percent of the complaints from 2001 through 2010 (through February 3), including the sudden acceleration complaints, even while selling 13.5 percent of all new cars in the U.S. This puts it third in sales, but 17th in complaints.

So despite what the analysts say and what Toyoda seemed to support, there’s no objective evidence that Toyota has of late been making a comparatively inferior product. As is so often the case with media-anointed “experts,” the analysts are positing explanations for a non-existent phenomenon.

They can be saved, however. Dan Hannan in London talks about “privatising” the elephant (and watch the video):

To us, elephants are cuddly. To Africans, they are dangerous neighbours that trample crops and villages. The best way to incentivise the protection of the herds is to allow local people to treat them as a renewable resource, selling their meat, hide and tusks while preserving their numbers. Property rights, in short, will ensure the preservation of natural resources.