Scott Spiegel

“This president is a real slow learner.” – Oscar Goodman, Mayor of Las Vegas

Speaking of gambling, President Obama has subpoenaed weary Democrats and disgusted Republicans to a Blair House summit tomorrow for a day-long policy-palooza to be broadcast on C-SPAN for Americans who didn’t get enough of the health care reform debate last year.  Obama has decided to wager what little respectability he has left on the hope that the American people will be charmed by his vision of health care reform, will develop amnesia, and will forget everything they hate about the bills passed by Congress last year.

The Associated Press announces that the new proposal released by the President “is important, but not as critical as the political skill Obama can apply to an impasse that seems close to hopeless in a pivotal congressional election year.”

Hmm…  Let’s tally up the campaigns Obama has fought and lost using his “political skill” over the past four months: securing the 2016 Olympics for Chicago, electing Creigh Deeds governor of Virginia, reelecting John Corzine governor of New Jersey, getting UN members to agree to a climate change accord in Copenhagen, and electing Martha Coakley Senator in Massachusetts.  And of course his year-long crusade to sell Congress’s health care plan to the public, which resulted in voters increasing their opposition to the plan in direct proportion to the number of syllables Obama emitted in his attempts to explain it.

Obama views the populace as a huddled mass of slow learners to whom he must explicate Congress’s monstrous health care legislation over and over until it penetrates their thick skulls.

In fact, it is Obama who is the slow learner.  Americans have learned about the bill, debated the bill, and rejected the bill; implicitly and explicitly, at townhall meetings and in polls and at the ballot box; over and over, for a year.

But Obama promises us he has a new proposal that incorporates the best of the House and Senate bills.  The White House posted Obama’s proposal online Monday morning to allow the public to see what bold, fresh ideas the President has to offer.

The verdict: Obama might as well have taken the Senate version of the health care bill and stuck Groucho Marx glasses, nose, and mustache on it.

Obama has been trying to entice Republican lawmakers to attend the summit by boasting that there are “Republican elements” in his proposal—by which he means that there are Democratic elements in it that a few liberal Republicans have been caught on tape saying might be tolerable, if dealt with in isolation, if massively reworked from their present form, and if included only in conjunction with real free-market reforms.

Even AP admits that Obama has nothing new to offer: “Realistically, he’s just hoping to win a big enough slice to silence the talk of a failing presidency.”

Obama’s one significant innovation is increasing the federal government’s power to regulate insurance premiums: “[H]ealth insurers must submit their proposed premium increases to the State authority or Secretary for review…  [I]f a rate increase is unreasonable and unjustified, health insurers must lower premiums, provide rebates, or take other actions to make premiums affordable.  A new Health Insurance Rate Authority will be created to provide needed oversight at the Federal level.”

So Obama proposes to improve on a massive, bloated bill that explodes government intervention in the private sector and is hated for that very reason by… adding more government intervention.  Sounds like a winner!

Even Democrats aren’t on board with the ideas in this proposal, at least to the degree that they were when the House and Senate passed their versions of the legislation last year.  Congressmen up for reelection this fall received the message sent by Virginia, New Jersey, and Massachusetts loud and clear.  The only federal officials who still want to ram this thing through are Obama, Senators not up for reelection, Senators up for reelection who know they’re going to be lose, and Representatives from insanely liberal districts that will boot them if they don’t vote for the bill.

And even Democrats don’t really believe anything will come of Thursday’s meeting.  Every time the media asks Democratic Congressional leaders about their goals for the Blair House summit, they respond with the same bromides about how they believe Thursday’s meeting will help “provide affordable, accessible, quality health care to all Americans.”  How, specifically, will it do that?  Specifically?

If anything is to be passed, it will have to be through budget reconciliation—and many commentators say Democrats don’t even have enough votes for that anymore.

The Chicago Tribune recently called the House and Senate legislation “zombie” bills, noting that neither chamber likes the other’s version, the public hates both, and the only reason the bills are still floating around is that Congressional leaders are hinting that they will try to merge them through reconciliation.  The Tribune condemns reconciliation as “convoluted.  Confusing.  And unnecessary.  The Democrats need to reconcile themselves to what Americans are telling them about these health care bills: They’re too complicated and too expensive.”

Obama isn’t the only slow learner in Washington.

The problem with modern-day liberals’ penchant for implementing proposals not authorized by the Constitution isn’t just that they’re sticking their noses where they shouldn’t; it’s that they aren’t sticking their noses where they should.

Fresh out of the gate, in the early days of his administration, President Obama decided to continue President Bush’s plan to take over the nation’s largest car companies and banks by tempting them with bailout funds, then tightening the noose around their necks and micromanaging them from Washington.  Soon after, Obama decided to force taxpayers to guarantee virtually all U.S. mortgages, thus sticking a $5 trillion tab to people who had largely paid their mortgage bills on time.  Recently, Obama decided to cap executive pay for banks that took bailout money, and has expressed an interest in monitoring executive pay for even banks that didn’t take TARP money.

Congress is currently considering unconstitutional legislation—stalled only because they are trying to pass even bigger, more expensive unconstitutional legislation—to impose cap-and-trade regulations to restrict and tax individual citizens’ energy use.

This summer, Obama carried out an amusing little $3 billion scheme that involved paying car owners to destroy their used automobiles and buy new ones, a jaunt that resulted in no significant net energy conservation in the U.S., boosted the auto industries of Japan and South Korea, and hurt the American used car business.

Since July, Democrats’ pet project has been to take over the U.S. health care system.  Not crazy enough to try to force through a single payer system, Senate Leader Harry Reid nonetheless went “rogue” on Monday, in defiance of Senate committee members and moderate Democrats, and announced that the Senate version of the health care reform bill would offer a public health insurance option, though such an option has zero chance of passing in the Senate.

Other fun and unconstitutional dalliances the administration has undertaken in recent months include:

•    Nationalizing the student loan system

•    Nominating for the Supreme Court a justice who believes in ignoring the equal protection offered under the law and considering race and gender in her rulings

•    Threatening to violate free speech rights by regulating the Internet and talk radio in order to ensure “balanced” views and prevent “irresponsible” content

•    Attacking a private organization, FOX News, for criticizing the administration, and threatening its right to freedom of the press by shutting it out of White House interviews to which other major news organizations are invited

•    Appointing 34 unaccountable czars—“green jobs czar,” “science czar,” “diversity czar,” “czar witness protection program czar”—to set policy while circumventing Congress’s approval of either policy or czars

•    Engaging in massive, unprecedented deficit spending to stimulate the economy

Obama’s expansion of federal government rivals the explosion of federal agencies resulting from FDR’s New Deal and the establishment of the Department of Health, Education, and Welfare in the 1950s.

If the Obama administration finds a free moment from poking around in the Constitution identifying such lame justifications for its schemes as “promoting the general welfare,” it might consider dealing with the following urgent tasks, which are actually allowed by the Constitution but seem to have fallen by the wayside:

•    Providing adequate troop levels for our ongoing war in Afghanistan, as the General whom Obama hired to turn around the war requested several months ago.  Joseph Curl of The Washington Times notes, “The White House bristles when asked whether Mr. Obama is so distracted by domestic affairs and health care that he is unable to focus on Afghanistan.”  Hint to Obama: People don’t “bristle” about something that isn’t true—they brush it off their shoulders and move on, because they and everyone else know it isn’t true.  Instead of bristling, Obama might want to consider that his interlocutors are on to something.

•    Taking steps to protect the U.S. and its allies from the threat of a nuclear Iran—beyond Obama’s chilling warning to Iranian President Mahmoud Ahmadinejad that he will meet him “without preconditions or preconceptions.”  As the UK Telegraph recently reported, Israel’s former deputy defense minister has somberly observed that Israel can no longer rely on the U.S. to rein in Iran’s nuclear program if Israel wants to survive as a nation.

•    Sticking up for allies Poland and the Czech Republic and honoring our agreement to defend them against potential Russian aggression

•    Providing adequate funding for missile defense rather than slashing it to make room for bloated domestic spending

•    Standing up for human rights in Iran—by not waiting a week after anti-government protests to support the protestors; in China—by not having our Secretary of State rhetorically place the issue of human rights below that of reversing climate change; and in Tibet—by not refusing to meet the Dalai Lama in order to appease China

•    Defending the Honduran government’s enforcement of its constitution in their ouster of President Zelaya for attempting to violate presidential term limits

Recently, The New York Times’ Bob Herbert came out against fighting crime in New York; he called it a racist promise for Mayor Bloomberg to make in his reelection bid.  The Times’ editorial board no doubt approves of Obama’s Attorney General Eric Holder’s early decision to drop charges in the Black Panther voter intimidation lawsuit brought last fall after a harassment incident in Philadelphia on Election Day.

If protecting citizens against violent crimes by fellow citizens isn’t a legitimate Constitutional function, then what is?

I think we have a good idea regarding the priorities the administration will and will not be focused on for the next four years.

The Democrats’ health care legislation, as is or in very similar form, cannot be passed.  Every choice point they encounter from this stage on leads to an internal contradiction or a dead end.  To use a mathematical metaphor, their situation is overdetermined: there are too many conflicting restrictions; there is no solution to their dilemma.  (To use a liberal metaphor: It’s a slam dunk!)

Democratic proponents of health care reform have the following major goals:

(1)    Create a federal public health insurance option to “compete with” private insurers, or

(2)    Set up state cooperatives to “compete with” private insurers on a state-by-state basis;

(3)    Prevent discrimination by insurance companies based on preexisting condition—i.e., forbid insurance companies from “providing insurance”;

(4)    Limit the ratio of high-to-low insurance premiums by age group.

Whether pursuing any of these goals is the government’s business—and it isn’t—Democrats need to enact some combination of these proposals in order to fulfill their aim of turning us into Canada; the Congressional Budget Office estimates that this will cost about $1 trillion.

Democrats have proposed numerous bad ideas for paying for their legislation, all of which lead to intractable circumstances that they cannot tolerate politically with the general electorate, even if they were able to figure out a way to cobble together, rush through, or force the votes in Congress to pass them.  These funding ideas include:

(1)    Increase the deficit: This would violate Obama’s promise that health care reform will be “dime”-neutral.

(2)    Make taxpayers subsidize the public option: This would keep the government plan from having to cut costs or be efficient to attract and retain customers, as any private insurance company must.  It would therefore eventually force those who are satisfied with their current plans to pay higher premiums or get less for their money.

(3)    Cut $500 billion in Medicare: This would upset seniors, and anyone who plans to be a senior at some point in his life, who fear rationing of care.

(4)    Tax high-cost plans at a 40% rate: This would anger emergency workers and union members, and huge numbers of people who will hit the non-insurance-adjusted premium threshold for this level of taxation in the next 10 years.

(5)    Impose fees on insurance and pharmaceutical companies: These costs would simply be passed on to doctors, who would in turn dump them on to patients.

(6)    Cap deductions for health savings accounts: This would increase out-of-pocket medical expenses.

(7)    Force everyone to buy government-approved health insurance by charging a penalty for not having coverage: If the penalty were low, in order to avoid making it burdensome, then people would wait to get coverage until they became sick, then drop coverage after they recovered, which means the penalty would be useless.  If the penalty were high, in order to make it effective, then the public would be infuriated over the imposition of a costly penalty for not buying something that should be optional.

(8)    Cover fewer uninsured people: This would involve turning the nation’s health care system upside down while failing to fulfill the basic aim of the plan.

In case Democrats are interested, there are provisions to which they could agree, all previously proposed in legislation by House Republicans, which would actually pay for the proposed plan.  These steps should be taken anyway, and should be pursued instead of the Democrats’ aims, but just for the record, they include:

(1)    Medical liability tort reform: This would reduce settlement amounts and lower doctors’ malpractice insurance premiums.

(2)    Tax deductions for health insurance premiums, medical expenses, and prescriptions: This would allow people to decide how to allocate their earnings toward medical expenses, which they can do more efficiently than Kathleen “Jolly Roger” Sebelius.

(3)    Vouchers for opting out of Medicare: This would allow people to decide how to spend their money on medical care in old age.

(4)    Interstate provision of private insurance: This would allow for greater competition and cost-cutting.

Despite conservatives’ nail-biting uncertainty over their ability to defeat HR 3200, they have one advantage: the truth.  All the arguments conservatives have advanced against liberals’ bad ideas are informed by it, whereas liberals must disguise it, distort it, downplay it, or lie about it to persuade anyone that their impossible legislative feat and fevered social engineering fantasy can be achieved.  There are plenty of voters and legislators who are content to ignore the truth and stumble down dead ends, but enough may turn out to be smart and honest enough to see through these efforts and find their way out of the labyrinth.

Thanks to fierce lobbying by Congressional Democrats, the Senate Finance Committee’s version of the health care bill just passed on Tuesday with bipartisan support from (1) liberal senators, represented by Olympia Snowe from Maine, and (2) ultraliberal senators, represented by all 13 Democrats on the committee.

On Wednesday morning, GOP senator and fellow Pine Stater Susan Collins also announced that she was open to health care reform along the lines of the committee’s proposal.

Impressive as this Republican sweep is, you may recall how Obama’s $787 billion stimulus package received even broader bipartisan support last spring, inasmuch as it attracted the votes of no fewer than three Republican senators, including Snowe, Collins, and Arlen Specter, which of course means that the failure of the stimulus bill to do anything it was supposed to lies equally with Democrats and Republicans.  (Of course, Specter became a Democrat five minutes later, but right up until that moment he was planted firmly on the other side of the aisle.)

Snowe, like Collins, Specter, John McCain, and other liberal senators, has a reputation for magnanimously cooperating with the opposition party (the ultraliberals) in passing legislation that might otherwise abridge our liberty.  Legislators such as Snowe (L-ME) serve the valuable function of watering down such legislation to render its impact marginally less onerous on average Americans.

For example, Snowe opposes a “public option” in the health care reform bill—that is, unless private insurance companies don’t live up to arbitrary standards to be issued by the Secretary of Health and Human Services that will ensure such companies don’t get away with swindles like “earning a profit,” at which point the public option will kick in faster than you can say “single payer.”

It’s a shame that no other Republican congressmen will put aside their partisan differences and work with liberal and ultraliberal senators.  (Imagine how Obama would trumpet the expansive consensus of a tripartisan bill!)  As is, even some liberal senators such as Independent Joe Lieberman have expressed resistance to embracing the proposed legislation on the grounds that it will massively increase health insurance premiums for Americans—i.e., that it is self-defeating and crazy.

Some might quibble that the mere addition of one senator to a committee vote does not indicate the establishment of bipartisanship on health care.  Yet Snowe’s vote must signify a major shepherding of Republicans into the fold, in that Finance Committee Chairman Max Baucus has made a host of concessions on her behalf, such as slashing by 50% the penalty for individuals who don’t buy insurance, and increasing subsidies to people whom the bill mandates must purchase insurance (i.e., everyone).  Never mind that the tiny state of Maine receives the same number of votes in the Senate as California—Snowe’s Finance Committee vote is evidently equal to the vote of 13 Democrat Senators!

The mainstream media’s critical, analytical take on this latest development on health care has been: a hearty rah! rah! for health care reformers for clearing such a grueling hurdle in such a graceful fashion.

While we’re talking about hurdles, it’s instructive to peruse an internal memo released by the Finance Committee in early June, which proposed a timetable for moving legislation through Congress.  According to this starry-eyed agenda, the Committee would pass its bill by mid-July, merge it with the Health, Education, Labor, and Pensions Committee’s wildly different bill and send it to the Senate floor for a vote by the end of July, and merge this with the House’s even more wildly different bill and have legislation ready for Obama to sign by October 1.

So the initial round of passing the bill out of committee, the slam-dunk part of the process, was supposed to take a month—and took four.  The next two rounds—merging the Senate bills, then merging the merged Senate bill with the merged House bill—will be far trickier than the initial round.  These tasks are predicted to take two-and-a-half months—by the same people who were confident Obama would have already signed a health care reform bill two weeks ago.  Based on the Committee’s previous underestimates, by my calculation Congress should get around to voting on a final healthcare bill around September 2010—two months before a third of the Senate and all of the House are up for reelection by a public that opposes every plan they’ve seen out of Congress this year.

Now that the Democrats have secured wide-ranging approval among lawmakers for their bill, I recommend that they capitalize on this groundswell of support.  Let’s hope that ultraliberals can leverage the runaway momentum created by bipartisanship from the Snowe Party to ensure swift passage of their bill.

The pile of victims President Obama has thrown under the bus in his attempts to get health care reform passed is growing so large that just treating their internal injuries is going to bankrupt the national health care system.

First it was the insurance companies.  When Obama realized early on that Americans weren’t chomping at the bit for socialized medicine, he subtly changed his language to imply that he was merely seeking “health insurance reform.”  Insurance companies, to remind Obama, by definition have a vested interest in not covering costly treatments for people with a 100% risk of having a particular medical condition.  But the administration nobly promised to go after, as the New York Times put it, “unpopular insurance industry practices, like refusing patients with pre-existing conditions”—also known as “providing insurance.”

Nancy Pelosi swore to oppose the “shock and awe, carpet-bombing by the health insurance industry to perpetuate the status quo”—as opposed to the couple, two-three homemade signs proffered by paid armies for Health Care for America Now, Organizing for America, SEIU, and ACORN.  Obama promised to “reform the insurance companies so they can’t take advantage of you.”  Pelosi slandered insurance companies as “villains.”

Surprisingly, insurance executives didn’t take kindly to being called monsters.  Karen Ignagni, CEO of America’s Health Insurance Plans, seethed, “Attacking our community will not help get anyone covered…  We have to… correct the record.”

Next it was the pharmaceutical industry: in June, Obama twisted drug companies’ arms into forking over $80 billion toward health care reform, on the condition that the government would not bargain for reduced drug prices for Medicare or mandate price rebates.  Industry lobbyists, just to make sure they weren’t going to be stabbed in the back like the insurance companies, wrote the White House and secured confirmation from White House officials that these promises would be kept.

Congressional Democrats heard about these communications and had a fit.  The administration subsequently claimed that no such conditions had ever been discussed.  One of the House versions of the bill emerged containing provisions mandating both government drug price negotiations and additional price rebates.

Obama then started sacrificing groups less directly involved in health care but assumed to be shoo-in supporters of his agenda.  First he falsely claimed that AARP had endorsed Congress’s health care legislation: “We have the AARP on board” and “AARP would not be endorsing a bill if it was undermining Medicare.”  AARP’s terse response: “Indications that we have endorsed any of the major health care reform bills currently under consideration in Congress are inaccurate.”

Then Obama tossed 760,000 U.S. Post Office employees in the street when he argued that private health insurers wouldn’t be threatened by a public option: “If you think about it, UPS and FedEx are doing just fine.  It’s the post office that’s always having problems.”

The President of the National Association of Postal Supervisors responded to this charming occupational morale booster by sending Obama a letter asking him to rescind his comments: “On behalf of the 35,000 members of our association, I am writing to express our collective disappointment that you chose to use the Postal Service as a scapegoat…  [Y]our negative references to the Postal Services without knowledge of the facts was a disservice… to all postal employees…  [I]t was a kick to the chest to have you take a shot at a group of federal employees who are working hard every day to support this country…  [W]e would like to be treated fairly and not have our current situation misrepresented, especially by the Commander-in-Chief.”

Such Obama tactics recall his disastrous health care forum last month, in which he planted a question about Cambridge Police Department Sergeant James Crowley’s arrest of Henry Louis Gates, Jr., which gave Obama the chance to change the subject and denigrate blue-collar Massachusetts police officers who support him.  As department member Sergeant Kelly King stated after Obama declared that her department had acted “stupidly”: “It’s unfortunate.  I supported the president.  I voted for him.  I will not again.”

Obama even threw his dead grandmother under the bus—again.  When Sarah Palin charged that proposed legislation would lead to death panels that ration health care and decide which old people are not worth saving, Obama said he had favored his grandmother’s hip operation while she was alive, but could understand how a government panel might have calculated otherwise.

Unlike insurance companies, drug companies, the AARP, the post office, and the police, Obama’s grandmother couldn’t respond to his delightful remarks.  Would Obama have dared use that example if she were alive and in need of the operation?  Why doesn’t he try using it on seniors at townhall meetings who are in need of costly treatments?  “I’d pay for your operation if I were your relative, but I can see how a government panel made up of people you don’t know might feel otherwise.”

The latest Obama special interest group to be Greyhounded is House Democrats.  In June, Obama declared, “Any plan I sign must include an insurance exchange… including a public option.”  On Sunday, Obama demurred, “The public option, whether we have it or we don’t have it, is not the entirety of health care reform.”  Health and Human Services Secretary Kathleen Sebelius insisted that a public option, which House Democrats heavily favor, is “not the essential element” of the plan.  Why, whatever gave you that idea?  Was it perhaps inclusion of the ambiguous word “must”?

Predictably, House Democrats have not accepted this about-face without a fight.  According to New York Representative Anthony Weiner, “Some of us who have gotten roughed up pretty good at town hall meetings and stuck in there because we believe in this, now kind of feel like we have a tire track on our chest where the bus that rolled over us is.”

Fortunately, House Democrats are the one party in all of this who deserve to be thrown under the bus—which is probably why the administration is already backtracking on their disavowal of the public option.

The eagle-eyed sleuths at Investor’s Business Daily recently dug up a nefarious provision in the House’s 1,018-page health care bill that prohibits you from keeping your current private insurance if any changes are made to it.

On p. 16.

This, in a bill whose table of contents and “general definitions” run to p. 14.  So the House has written a bill whose key, most egregious proviso is hidden so poorly that the authors apparently assumed the public couldn’t be bothered to click two pages to get to it.

Evidently this was too much work for President Obama, whose response during a news conference on Monday at Children’s Hospital to a concerned caller from Maine asking if he was interpreting the stipulation correctly was, “You know, I have to say that I am not familiar with the provision you are talking about.”  What part of the bill is Obama familiar with—the cover?

But don’t worry—Obama says, “If you like your health plan, you can keep it.”  He sure doesn’t know any differently!

In Section 102—that is, the second part of the first section, two pages into the bill—ironically titled, “Protecting the Choice to Keep Current Coverage,” the bill puts the following limitation on those who wish to eschew government-approved options and keep their own coverage: “[T]he individual health insurance issuer offering such coverage [must] not enroll any individual in such coverage if the first effective date of coverage is on or after the first day of Y1.”

So it turns out that if you like your health plan, you can keep it—as long as you don’t start liking your health plan on or after the first day of Y1!

The subsequent clause, which discusses dependents, helpfully notes that if you’re sick of your current individual plan and want to switch to a different plan, you still can’t—but the government will be nice enough to let you enroll new dependents under that plan you hate!

Following this is a clause that graciously requires that after five years, “an employment-based health plan in operation as of the day before the first day of Y1 must meet the same requirements as apply to a qualified health benefits plan.”

So we’ve unearthed yet another loophole in the first 1% of the bill: if you like the health plan you have, and you happen to get it from your employer, which includes 62% of the population under 65, you can keep it—except that after five years, you can’t!

But don’t expect Obama to be familiar with that provision, either—after all, it’s buried deep into the third page of text in the bill.

After you burrow your way through the labyrinthine textual warrens of pages 17-19, you’ll learn that “qualified” plans may not exclude anyone on the basis of preexisting condition.  On p. 21, the bill mandates that premiums may not vary at all, except by age, state, and family size; and that the highest-to-lowest premium ratio by age group may not be more than 2-to-1.

According to these conditions, a 40-year-old who has chosen to smoke two packs of cigarettes a day his whole life and has contracted lung cancer could end up being charged as little as half the rate of a perfectly healthy non-smoking 60-year-old, just because the 60-year-old is older and has chosen not to smoke.  “Health Choices Act” indeed!

Several years ago, when it was revealed that audience members in Oprah Winfrey’s infamous Great Car Giveaway would have to fork over $7,000 each in taxes, the winners at least had the option to sell the car to pay the taxes and keep the difference—or forfeit the car altogether.

H.R. 3200 isn’t so generous—according to the bill, those who are not in a health plan the government finds acceptable will be fined the full cost of the average plan for their family size.  In other words, you can’t refuse to pay for government-approved health insurance for you and your family, whether you even want or receive it or not.

Rasmussen recently reported that Democrats’ perceived trust advantage over Republicans in the area of health care plummeted from 18 percentage points in May to 4 points in June.  No wonder Obama is racing to get this legislation through Congress before they go to August recess: at the current rate, Republicans will be leading on health care by 38 points come September.

In his speech at Children’s Hospital, Obama intoned, “There are some in this town who are content to perpetuate the status quo, are in fact fighting reform on behalf of powerful special interests.”

There are some around this country who are fighting “reform” on behalf of liberty.