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Monthly Archives: July 2010

Who is Donald Berwick?

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Well, I’ll tell you. On July 7, President Obama appointed Dr. Donald Berwick to be “Administrator of the Center of Medicare and Medicaid Services,” aka, the Medicare Czar. Obama did so while Congress was in recess, thereby bypassing the Senate confirmation hearing, requisite for the position. Now, why would he do that?

President Obama wanted to slide Berwick into his position with little fanfare, as Donald Berwick is a radical leftist with a radical vision for America, with a certain affect for centrally socialized health care.  Berwick, like most leftists these days, has an impressive resume, topped off with a degree from – and subsequent stint at – Harvard University, and as such, is of the President’s ilk. To the dismay of the President, Berwick’s nomination ignited such an uproar within the conservative community that Obama relented and will indeed send Berwick to the Senate for confirmation. I say, let the games begin.

Herein I wish to expose this fellow, Donald Berwick, so you, the reader, can get to know him, because, in any other circumstance of “getting to know him,” it may be too late.

Berwick’s Views

Like the President, Donald Berwick must be smarter than you and me. I mean, just look at his resume!  He must know better than us dummies. So, what do dummies like you and I actually know about Medicare?

Well, we know Medicare comprises 20% of the federal budget.  We know Medicare now constitutes an unfunded liability of $36 trillion.  We also know Medicare has a “high-risk pool” that has been declared “underfunded,” much more than the $5 billion estimated by Congress.

Hmm.  What would Berwick do with the expensive portions of Medicare?  Besides being an accounting trick used to hide the true costs of Medicare, “high-risk pools” are at “high risk” as targets for cutting costs.  As Medicare is mandatory, this surmounts into a sinister scenario, characterized by the term “death panels,” i.e., a board which determines the “metrics” as to whether or not your “pool” will be funded.

“Wait!  Death panels again?!”  Methinks thou doth protest too much.  Fine – allow me to justify my assertion.

For starters, just look abroad; countries where government has complete control of health care inevitably have to ration, particulary when facing tough decisions over debt. In America, conservatives fear rationing in both Medicare and Medicaid due to these impending economic shortfalls due to our enormous unfunded liabilities. Liberals say rationing already occurs, compliments of the insurance companies.  With private health insurance, however, you still have the abilitiy to shop around.  The public sector lacks the profit motive that keeps industries – if not businesses – afloat.  Costs are hidden and neglected for years.  Without these market forces, how will our government pay for Medicare’s inherent inefficiencies?

Enter Comparative Effectiveness.  The definition of this term, provided by Wikipedia, is as follows:  “Comparative Effectiveness Research is the direct comparison of existing health care interventions to determine which work best for which patients and which pose the greatest benefits and harms.”  Thus the interventions deemed unnecessary will be eliminated, regardless of whether the patient wants it or not, or is able to pay for them independently.  Those of you familiar with ethics studies will recognize this as a sort of “health care utilitarianism,” in which the greatest good is sought for the greatest number.

You can call it Comaparative Effectiveness, collectivism, or utilititarianism; it facilitates rationing.  Berwick, said so himself, when he said in an interview about “Comparative Effectiveness Research” with the American National Institute of Health:

Interviewer: “Critics of CER have said that it will lead to the rationing of health care.”

Berwick: “We can make a sensible social decision and say, ‘Well, at this point, to have access to a particular additional benefit [new drug or treatment] is so expensive that our taxpayers have better use for those funds.’ The decision is not whether or not we will ration care—the decision is whether we will ration with our eyes open.”

Berwick’s ambitions for American health care, however, don’t stop with rationing.  Heck, they don’t even stop at health care.  His slobbering – I mean, glowing – speech to Great Britain’s National Health Service (NHS) helped illuminate Dr. Berwick for what he is:

“You (Great Britain) could have protected the wealthy and the well, instead of recognizing that sick people tend to be poorer and that poor people tend to be sicker and that any health care funding plan that is just, equitable, civilized and humane must, MUST redistribute wealth from the richer among us to the poorer and the less fortunate. Excellent health care is, by definition, redistributional.”

Donald Berwick is also a big supporter of ”Patient-Centered Care.”  Sounds good, right?  This term usually deals with palliative, or end-of-life, care.  In Berwick’s world, this care takes place in medical ‘homes,’ deemed appropriate for Medicare payments, therefore minimizing “rehospitalizations” while cutting costs.  Could these, or would these, nursing homes be mandatory for everyone on Medicare?  What kind of quality of life would be expected at these facilities?

Enter QALY.  In his praise for Great Britain’s National Institute of Health and Clinical Excellence (NICE), Berwick commended NICE, who “developed very good and very disciplined, scientifically grounded, policy-connected models for the evaluation of medical treatments from which we ought to learn.”

These “models” Berwick speaks of are controlled by Quality-Adjusted Life Years, or QALYs, and are described on the NICE website:

To ensure our judgements are fair, we use a standard and internationally recognised method to compare different drugs and measure their clinical effectiveness: the quality-adjusted life years measurement (the ‘QALY’)…  A QALY gives an idea of how many extra months or years of life of a reasonable quality a person might gain as a result of treatment (particularly important when considering treatments for chronic conditions)….  A number of factors are considered when measuring someone’s quality of life, in terms of their health.  They include, for example, the level of pain the person is in, their mobility and their general mood.

Cost effectiveness, is in this regard, would be measured in units of “Dollars per QALY.”  This rationing method is implemented in Great Britain, and Dr. Berwick would wish to bring it to America’s palliative care facilities.  But Donald Berwick’s Postmodern Socialist views don’t end with Medicare, or health care, for that matter.  In the same speech to the NHS, he denounced profits as immoral:

“Our insurance companies try to predict who will need care, and then to find ways to exclude them from coverage through underwriting and selective marketing. That increases their profits. Here, you know that that is not just crazy; it is immoral.”

Berwick decided to take his denunciation of the free market a step even furtherBerwick said, “Don’t put your faith in market forces” - instead, trust “leaders with plans.”

Dr. Berwick, as the newest and most ambitious member of America’s Ruling Class, will be calling the shots (or lack of shots) for Medicare.  Then what?  Remember, statists like this are never satisfied with simply a taste of power.  They eventually want it all.  He sees himself as “a leader with a plan,” for you and your family.

What It All Means

If you’re like me, you first heard of Berwick a couple of months ago when Obama nominated him, as he was controversial even waaay back then, four months ago. Like I said, Obama had to use a recess appointment, which is, albeit deceptive, Constitutional (Article II, Section II, Clause 3).  The minority has little power to prevent recess, and no power to prevent recess appointments.  They will have power in the confirmation hearing, though, and it will interesting to watch our new “Rationer-in-Chief,” or as others are calling him, a “One Man Death Panel,” try to defend his stances on health care and socialism.

So, on a macro-level, we know that full implementation of Obama’s agenda for health care would result in the abolition of private health care.  I won’t get into that now.  The fact that he tried to slide Berwick in under our noses – and then had to rescind when both Republicans and Democrats protested – illuminates something greater happening here.

In the wake of Obama’s election, Americans were generally filled with one of three emotions:  Hope on the Left (and in the center); Apathy among some; and Despair on the Right.  As time went on, and as a Progressive wave of legislation is at writing washing over this nation, both Hope and Despair are beginning to be displaced by Cynicism and Apathy.  Nobody believes the Administration anymore, illustrated by the lack of faith in Obama’s Orwellian “Summer of Recovery.”

In his heart, Obama believes he can glorify his Administration and demonize his opponents with carefully leveraged speeches.  Admittedly, combatting Obama’s Trotsky-meets-Alinsky campaign methodology of “Permanent Revolution” will be difficult in both 2010 and 2012.  Systematically, that battle has already begun, at the behest of the wings of the liberal establishment.  More on that later.

Until then, don’t get distracted by their flagrantly false arguments aimed to marginalize your energy.  Remember their plans for America.  Remember their disdain for the tenets of individual freedom.  Remember their incompetence.  Remember their deceptions.

Remember November.

“It is vain to talk of the interest of the community, without understanding what is the interest of the individual.”

~ Jeremy Bentham, early advocate of utilitarianism

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Filed under Health, News
Jul 22, 2010

Kagan v. Independence

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The retirement of liberal Justice John Paul Stevens from the Supreme Court presented an opportunity I now consider lost.  Solicitor General Elena Kagan will be confirmed this week, with little resistance.  President Obama’s nominee is a political operative with little substance to offer in word or action.  Oddly enough, her confirmation as Supreme Court Justice coincides with Independence Day weekend.  Funny, since the woman does not believe in inalienable rights as defined in the Declaration of Independence, our first founding document.

On Independence Day, it is prudent to remember why this country is unique.  As two percent of the world’s populations, Americans have the highest standard of living in the world.  Why?  Why is this the land of opportunity?  The notions that define this country may have began centuries earlier, but culminated on July, 4 1776, with the codification of American freedoms in the Declaration of Independence.  But Elena Kagan has no regard for the tenets bravely espoused by our founders 234 years ago.

Balderdash! you may say, spewing your coffee (or soda, or other beverage) on your monitor.  Well, here’s an exchange from the Hearing this week between Ms. Kagan and Senator Tom Coburn:

COBURN: Do you agree with Blackstone that the natural right of resistance and self-preservation, the right of having and using arms for self-preservation and defense? He didn’t say that was a Constitutional right.  He said that’s a natural right.  And what I’m asking you is do you agree with him?

KAGAN: Senator Coburn, to be honest with you, I don’t have a view of what are natural rights, independent of the Constitution, and my job as a justice will be to enforce and defend the Constitution and other laws of the United States. (emphasis added)


With the retirement of Stevens, some were asking, “Could it get any worse?”  The answer is yes:  Kagan does not believe our rights are ours and ours alone, endowed by our Creator, among them, explicitly listed as Life, Liberty, and the Pursuit of Happiness.  While Stevens is a great man and a patriot, the cause of liberty in the Supreme Court was not aided by his 35 year stay there.  However, unlike Kagan, I do believe Stevens would have found at least some merit in the Declaration of Independence and the rights it secured for us.

Ignoring all the gay stuff and abortion drama, let’s compare and contrast Kagan and Stevens on the issues that matter.

Another Man’s Legacy

When the Court has found it prudent to overturn parts of the U.S. Constitution, it has typically been in favor of the aforementioned natural rights, for which, again, Kagan has no regard.  Though Stevens may respect these liberties, he has a history of ruling against liberties enumerated in the Bill of Rights.  John Paul Stevens authored the 5-4 dissent in the historic Bush v. Gore, which disagreed with the Electoral College, as prescribed in Article II, Section 1, Clause 3 of the U.S. Constitution, and instead suggested we hold the popular vote as the standard for presidential election.  Stevens is quoted in his dissent as follows:

“Although we may never know with complete certainty the identity of the winner of this year’s Presidential election, the identity of the loser is perfectly clear.  It is the Nation’s confidence in the judge as an impartial guardian of the law.”

Steven’s issue with the Constitution is the very fact that it is impartial.  There’s no undoing founder’s intent where it is explicit, as Kagan bemoaned this week.  Where it is implicit, Stevens did his best to unravel original intent and original meaning, notable recently in Citizens United vs. Federal Election Commission. (Regarding this case, I would like to point out my own hesitation with the majority opinion; while the Freedom of Speech should never be abridged, I believe there should be some limits to corporate funding of candidates, and at the least, publish the names and amounts of corporate donors.)

Nevertheless, when we restrict the freedom of speech based on “blank,” we are censoring them.  We must be able to defend such censorship with legal means found in the U.S. Constitution.  This is usually done with the Ninth Amendment, where I believe our inalienable rights are recapitulated, which states, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”  We have the right to speak out as long it does not inhibit another’s rights.  No exceptions.

However, in September, as Solicitor General in the Citizens United case, Elena Kagan argued that government had the right to ban certain literature that advocated election or defeat of a candidate for federal office, urging the Supreme Court to “embrace theory of First Amendment that would allow censorship not only of radio and television, but of pamphlets and posters.”

The First Amendment guarantees free speech, the beginning of all other rights.  We cannot muzzle certain voices, no matter how bad it hurts.  The Second Amendment, already shown to be endangered by Kagan in her exchanges with Sens. Coburn and Grassley this week, is the protectorate of the First Amendment.  If we have no natural rights in this regard, we have no rights at all.  Those who would wish to re-enslave us would be quick to dismiss our inalienable rights as outside the Constitution.

Without these rights, the federal government would be allowed to instruct you on when to wake up, what to wear, where to work, how much you could earn, and what you could eat, what you could eat, what you could eat.

In case you missed it, what you could eat.  Since Coburn brought it up…

Let’s Talk About the Commerce Clause

If you didn’t know, I wholly disagree with Obamacare; check my category named “Health” for more information than you’d ever want on the issue.  For one, I do not agree with the ideology that government is to care for the individual from cradle to grave.  Handouts do not create Happiness.  I fear what it will do to the American soul, to American freedoms, and to American business.  The totality of the law has not yet been implemented.  There is a way to stop it, though, and it’s called the Commerce Clause.

Like John Paul Stevens, Elena Kagan believes in a bastardized version of the 16-words in Article 1, Section 8 Clause 3, aka the Commerce Clause.  As I did with regarding the Fifth Amendment in my post “Disappearing Property Rights,” I will include the Clause in its entirety:

“The Congress shall have the Power:  To regulate commerce with foreign Nations, and among the several States, and with the Indian tribes.”

At the outset, note the difference between the words ”among” and “within;” technically, the law allows regulation of INTERstate Commerce, not INTRAstate Commerce.  If you understand that, you’re ahead of the Supreme Court.  You see, liberal Justices are inclined to pair the Commerce Clause with the Necessary and Proper Clause, which states:  “The Congress shall have Power – To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

Where would these combined powers end?  Depends on your slant.

Also, for liberal Justices, there’s the Constitution, then there’s judicial precedence.  While both are important, each Justice will have to reason through which ideals are most important to maintain individual freedoms within the law.  Stevens was partial to federal powers, dissenting in United States vs. Lopez (the gun-free school zone case, and the first case to roll back Commerce Clause powers since the New Deal), United States vs. Morrison (which determined that “Violence Against Women” was not Interstate Commerce), and writing the majority opinion in the 6-3 Gonzalez v. Raich, which restricted the state’s rights to legalize marijuana.  If you think the marijuana trade is a criminal matter and not Commerce, you may be right, but only one-third of the Court agrees with you.

“How does this effect me?” you may ask.  “I don’t smoke the ganj.”  Well, Cato Institute’s Ilya Shaprio notes Gonzalez opinion “ratified the most expansive use of government power under the Commerce Clause ever.”  This is an extremely important case for judicial precedence in the fight to repeal Obamacare.  As Newsweek magazine points out:  “The case has major implications for the present health-care reform debate, because health reform depends on the federal government’s powers under the Commerce Clause.”

Kagan has been extremely, and astutely, silent (some might say “elusive“) on the Commerce Clause, but she let one slip past the goalie in her deliberation with Senator Coburn, my Hero of the Week.  (In case you missed it… what you could eat).  Obamacare’s repeal will depend on the interpretation of the last few cases I listed, so if you want to know how all this will go, familiarize yourself with them.

Final Thoughts

Is the cause for liberty diminished with the Stevens-Kagan transition?  Not really, because the ideological balance remains unchanged.  What’s more, Kagan will be a lightning rod for midterm campaigns.  The problem is, she’ll be a Justice for the next 20 to 30 years.  In that amount of time, she could thrust judicial review back to the Stone Age; yabba, dabba doo!  Sorry; I had to throw that in.

The more people are aware of the fact that their liberties are always in danger, though, the more likely we are to stay a free society.  I’m asking you to please stay engaged, no matter how boring or how ugly you may think it is.

“If man in the state of nature be so free, as has been said; if he be absolute lord of his own person and possessions, equal to the greatest, and subject to no body, why will he part with his freedom?”

~ John Locke, Two Treatises of Government, 1689

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Filed under Ideology, News
Jul 2, 2010

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