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Go Home Closing Arguments

THE TREATMENT MARCH 21, 2010

Closing Arguments

(Click here to follow all the latest developments via Jonathan Cohn's Twitter feed.)

My Saturday began on the West lawn of Capitol Hill, where conservative activists were mounting one final, desperate effort to block health care reform. They came by the thousands, carrying flags and pushing strollers, in a demonstration of genuine grassroots fervor. They chanted “Kill the Bill,” over and over again, in a vaguely menacing tone that, perhaps, foretold a bit of ugliness to come.

But the most remarkable thing about the demonstration was how little it had to do with health care. The signs said “Stop socialism,” “A government of laws, not men,” “Respect our constitution--preserve our republic.” Nobody talked about death panels. Instead, one speaker--a Chicago radio host, I believe--attacked the First Lady’s obesity initiative. “Michelle, keep your hands off my kids’ lunchbox!” Yet another protest sign seemed to capture the mood perfectly: “This isn’t about health care. This is about control.”

A few hours later, inside the Capitol complex, President Obama urged House Democrats to do precisely what the protesters feared: Pass health care reform. It was not the first time he’d given such a speech. Just before the House voted on its initial reform bill in November, he’d come to Capitol Hill. And, broadly speaking, his intent had been the same: To embolden the Democrats by making them enthusiastic about the cause, demonstrating his own commitment to it, and making clear the political virtues of success.

But, like the protesters, this time Obama seemed to dwell less on health care and more on the significance of the moment. He invoked Lincoln, and the importance of fighting for principle. And then he invoked the legacy of the New Deal and Great Society, reminding members that their purpose in office was not to win elections--it was to make life better for their constituents. His closing argument was not about policy or politics. It was about posterity. And it was good.

For the last week or so, ever since it’s become apparent a climactic vote on health care was approaching, I’ve also been thinking about closing arguments. For most of the past year--and, really, it’s been far more than a year--the argument has been most practical. What would the bill do? What wouldn’t it do? And it’s easy enough to make the case for reform on those grounds.

As readers of this space know, I like to think of reform as achieving three broad goals: Making sure anybody can get an affordable insurance policy, shoring up everybody’s coverage so that it provides real economic security, and transforming medical care in order to make it both more effective and less expensive. Those arguments got a lot stronger this week, when the Congressional Budget Office determined that the final reform package--including both the Senate’s health care bill and the proposed amendments to it--would provide coverage to 32 million additional people, strengthen the baseline for coverage, and reduce the federal deficit over time.

But there’s another argument for health care reform, one that is at once more subtle and more sweeping. The disturbing part of our health care system is the financial and physical suffering it causes. But the unjust part of our health care system is the way it distributes that suffering. There are things all of us can do to stay healthy--we can eat right, we can exercise, we can avoid excessive risks. But even when we do the right things, we remain vulnerable.

You can have the perfect diet, jog three miles every day, and wake up one morning to discover you have cancer. So now you face mortal peril. And if, on top of everything else, you can’t pay your medical bills, you face financial ruin, as well.

Chance, of course, is part of life. Americans, in particular, seem to accept that. But every now and then, we have decided that need for such expansion--that there was, even now, the kind of common vulnerability to chance that required the sorts of initiatives we had enacted in the past. It happened with the New Deal, when we created the modern welfare state, and then again with the Great Society, when we expanded it.

The signature programs of these eras, Social Security and Medicare, work because they address a vulnerability we all share. Everybody is at risk of getting old; and everybody is at risk of misfortune, physical and financial, when that happens. To protect against that misfortune--to insure against that misfortune--all of us contribute. We all give, in the form of financial contributions; and we all get, in the form of financial security. Together, quite literally, we are stronger than when we are apart.

The conservatives protesting on the Capitol lawn Saturday see things differently. Health care reform isn't about contributing money for the sake of their own security; it's about having their money taken for the sake of somebody else's security. When they hear stories of people left bankrupt or sick because of uninsurance, they are more likely to see a lack of personal responsibility and virtue than a lack of good fortune. As my colleague Jonathan Chait has observed, theirs is an extreme version of a view common (although surely not universal) on the right: That individuals can fend for themselves, as long as they are responsible and as long as the government gets out of the way.

There's obviously a balance to be struck between these two world views. But, broadly speaking, conservative ideas about responsibility and vulnerability have dominated political discussion for most of the last four decades. That will change on Sunday, if health care reform passes. The bill before Congress may be flawed. And the process that produced it may be severely flawed. But it is, nevertheless, an expression of the idea that we--as as society--are not prepared to let people continue to suffer such dire consequences just because they’re unlucky.

A few hours after Obama was speaking, the Capitol had nearly cleared out. Leadership staff were meeting in House Speaker Pelosi's office while a few stray congressmen were giving floor speeches to a nearly empty chamber. By and large, though, members had scattered--a tell-tale sign that Pelosi was confident. If she'd still needed to do serious arm-twisting, she'd have held a series of votes to keep members on the Hill.

I walked the length of the building and then out to the east lawn where the conservative protesters, who spent the day visiting (and, on a few occasions, haranguing) House Democrats, had reconvened. The crowd was more subdued now. It was smaller, too--hundreds instead of thousands. The setting sun behind the capitol dome cast a long shadow over them, as night approached. But a new dawn would come soon enough. And with it, perhaps, a new era.

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22 comments

Thanks, Jonathan, for your beautifully written closing thoughts. It's unfortunate that the Democrats have failed to emphasize that the reform bill offers security and protection to everyone. As you said, anyone can get sick and find themselves uninsurable. Unfortunately, most people want to believe that health is something that can be controlled, and that people who are sick must have done something to cause their condition. It's easier than accepting the randomness and unpredictability of illness.

- kkamisar

March 21, 2010 at 2:36am

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Jonathan Chait's delight in the way a bunch of cynical politicians have stuck it to the American people is disgusting.

- bulbman1066

March 21, 2010 at 3:34am

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And who would have thought Northern Iowa could defeat the mighty Kentucky. Underdogs can win. And bad things do happen to good people. Like my brother. He worked for a small Bank, which had a health insurance plan for its employees, as do most small employers. Then he was diagnosed with chronic leukemia. His medical expenses mounted, and the insurer repsonded by raising the group's rates. Again and again, to the point that the Bank was forced to discontinue the plan. Unless my brother quit his job. Which he did, not wishing to be responsible for loss of health care coverage for his friends and co-workers. With a pre-existing condition, he faced mounting medical expenses with no possibility of getting insurance. And for the chronically ill, finding another good job is a near impossibility, as no employer wants to take the risk faced by the Bank. So he settled for jobs he could get, relatively low paying and with no health insurance. His life savings were soon depleted. With enormous medical bills piling up, he refused to file personal bankruptcy. He was too proud. Despite being harassed day and night by medical bill collectors. Good people do get sick, and when they do, being sick is only a part of the horrible consequences they face under our current health care system.

- raylward

March 21, 2010 at 8:19am

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Bulbous, If I could do it, I would take from you every single penny you have in the world and give it to raylward's brother. Barring that, I would have the insurance reform for everyone in the country but you and let you alone keep your private insurance in the current system, praying that what happened in raylward's family never happens to you. That would be the justice you deserve.

- roidubouloi

March 21, 2010 at 10:08am

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That would be Kansas, the number one seed, not Kentucky. Apologies to my border state friends. But Kentucky being Kentucky, they don't know which side they're on anyway.

- raylward

March 21, 2010 at 11:19am

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What we need is a real solution for cases like that of raylward's brother, a solution that can work over the long run and that, unlike Obamacare doesn't involve damaging the economy and degrading the quality and availability of American medicine.

- bulbman1066

March 21, 2010 at 11:24am

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Good. But something clearly went wrong with the third sentence of this paragraph: "Chance, of course, is part of life. Americans, in particular, seem to accept that. But every now and then, we have decided that need for such expansion--that there was, even now, the kind of common vulnerability to chance that required the sorts of initiatives we had enacted in the past. It happened with the New Deal, when we created the modern welfare state, and then again with the Great Society, when we expanded it." Want to fix it?

- jweintra

March 21, 2010 at 12:16pm

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"The bill before Congress may be flawed. And the process that produced it may be severely flawed." Omit the "may" in each case, and substitute "is". Both are flawed in ways that bulbman would find yet more objectionable. Dozens of other countries have better health care at 40-60% of our GNP and all use some combination of single payer, public option, insurance regulation that the current bill(s) don't begin to meet. And the process to get there need define majority as 51%, not 40%. Furthermore, the current mantra of "government can do no good, regulation is bad, laissez-faire capitalist credo" need be consistently treated with the same contempt that is given to the communist credo. Both have failed miserably every time tested ... in no large part because both violate what biologists know about genetics, the human genome and behavior. Most organisms (excluding certain insect species where the colony is a clone), including humans, for good genetic reasons do not always act or behave for the good of the species. Exit Communism stage left. Similarly, most organisms, including humans, for good genetic reasons (and natural selection) do not always act in their own individual self interest. Exit laissez-faire capitalism, stage right. Adam Smith and Ricardo knew and wrote on this in the absence of genetics. That is the meaning of their writings on how common goods are treated differently and must be government regulated. Health care, like the common greens in eighteenth century England, is a common good. Google: The Tragedy of the Commons. It applies to heath care today, and the founders of capitalist economics knew it. Current day conservatives hypocritically ignore it and have had a large megaphone for decades in the US to convince many to ignore the tragic errors in what they advocate.

- drofnats1

March 21, 2010 at 12:30pm

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Bulbman, you are welcome to propose a non-fantasy alternative that will solve the problem raylward's brother faced. I don't think that just passing a law to force insurance companies to lose money on raylward's brother would work, which means its going to involve the government, or a reconfiguration of the insurance market. The Democrats chose the second option. Your side had several years with the White House + Congress and could have done something about it -- the problems are not new, just getting more acute. I guess it wasn't so important to them.

- JEFF FREY

March 21, 2010 at 12:48pm

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Bulb has a point; unfortunately, the opposition offered NOTHING as an alternative NOTHING. And when they were in charge, Tom Delay gave us Medicare Part D, which was a payoff to Big Pharma in return for campaign contributions....the clue to that was that although Hospitals and Physicians are reimbursed based on fee schedules or DRGs, the REpublican Party said that Medicare would pay LIST PRICE for drugs. That is the republican party's idea of health care reform.

- OscarPeck

March 21, 2010 at 2:03pm

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Paul Ryan says the following today: "Ryan also said a CBO reports that, by the time his preschool age children are 40, this unfunded entitlement will result in tax rates of 25% for lower income Americans, 63% for the middle class, and 88% on small businesses." If this is true, Roid et al, is it still a good thing in your book?

- seattleeng

March 21, 2010 at 3:51pm

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Medicare Part D has worked pretty well as government programs go. The main problem is that the Bush administration didn't come up with a source of revenue to pay for it. Fiscal irresponsibility is a bi-partisan disease. The problem with Democrats' idea of having the government "negotiate" with pharmaceutical companies is that it would lead to price controls. The French wrecked their once thriving pharmaceutical industry that way. (You can wreck any industry that way.)

- bulbman1066

March 21, 2010 at 4:00pm

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Jeff Frey, According to Orin Hatch the Obama bill provides for a special fund to pay for the care of people like raylward's brother and he, Hatch, agrees with that provision. I agree with it too.

- bulbman1066

March 21, 2010 at 4:04pm

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How about some competition between pharmaceutical companies so that the customers get a better deal? Shouldn't competition work to our advantage too? And also -- don't forget the publicly-funded basic research done in universities and other academic research centers that feeds into the eventual production of new and improved medications. And also again -- a public option should be the next reform of the reform, otherwise the private insurance companies will try and work out various boondoggles to hurt patients and protect their domination of the market.

- ironyroad

March 21, 2010 at 4:42pm

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seattle, You still don't understand the difference between the real economy -- goods and services -- and the financial system. If something is unaffordable as a matter of the real economy, then it doesn't matter how it is financed, it remains unaffordable. On the other hand, if something is affordable as a matter of the real economy -- which healthcare certainly can be as evidenced by a host of industrial economies less wealthy than ours as measured by per capita real income -- then a financial structure can be found for it. It's just that simple. Long before we cannot fund healthcare, we will have cost controls. It is inevitable now that the insurance reform has passed and everyone will be covered.

- roidubouloi

March 21, 2010 at 6:24pm

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Millions of Americans work hard to earn the money to pay for medical care for themselves and their families. They have good news on the way: they can back off on the work. From now on the government is going to provide them with medical care for one dollar per month. Once that program is in place we can have the Food Reform Act, whereby the government will provide us us all with groceries for five dollars per person per month. The third plank of Roi's economic program can then be put in place: the Progressive Housing Act. Everybody gets a nice house for ten cents per square foot. How is that possible? Through price controls of course.

- bulbman1066

March 21, 2010 at 7:54pm

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Roid, I pointed that out to highlight there is virtually zero cost control in this bill. And thus, healthcare remains unaffordable. For all we heard before the election on how this was goign to bend the curve, this bends nothing. "Cover everyone at a lower cost with better care, and not one dime of new taxes to those making under $200K". That's what we were told and promised. That was the lie of the century. This is "same stuff you get today at a higher cost with more covered." As I said before, Palin could have engineered such a mediocre bill. There's no magic here. When it comes time for cost controls, will you stand tall and demand union health care providers take 30 and 40% cuts? http://voices.washingtonpost.com/ezra-klein/2009/11/an_insurance_industry_ceo_expl.html

- seattleeng

March 21, 2010 at 8:08pm

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BULB: "Jonathan Chait's delight in the way a bunch of cynical politicians have stuck it to the American people is disgusting." Because conservatives are not cynical? The way you delight in insisting that all liberal ideas are dastardly is disgusting.

- jmarshall

March 21, 2010 at 9:48pm

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Actually, there are a lot of cost controls in the bill. But the biggest one, the public option, was made politically impossible by the very same people who complain about the lack of cost controls. They pass an absurd gift to the pharmaceutical industry, and then complain about the debt. They make unsustainable cuts in taxes, when we are running a surplus and turn it into a structural deficit. Then they complain about deficits. No one should pay attention to the complaints of the right. They are pure political terrorism, lies, lies, lies, and worse Everyone on the right who complains about lack of cost control is an atrocious hypocrite, because the main tactic of rightwing opposition has been to make cost-control difficult to impossible in the hope that it would make the bill unaffordable. It didn't work out. Tough. It was despicable and we should all be grateful it didn't work out. It continues to escape the notice of the bulb and the so-called engineer that we don't have cost controls now and costs are spiraling out of control. The reason is that market controls and health insurance are irreconcilable. We cannot have both. Either we expose people to the costs of their own care and regulate prices by rationing care based on ability to pay or we ration care based on medical need. The latter is what insurance does. But if care is rationed based on need, it is not rationed based on price and there has to be another mechanism for controlling price and consumption. There are no other possibilities. All the ranting about the market and how the market can solve the problem is just uninformed if not wilful ideologically -driven ignorance. Ultimately, we will have care rationed based on medical need with medical protocols that draw on best practices and price controls on the services provided under those protocols. Doctors will no longer earn, on average, 5.5 times the median wage. Most doctors don't earn that today. As with the general wealth distribution, a small number garner a disproportionate share of income. It is unnecessary. We will have an ample supply of doctors without any of them making millions. We will save 20% of our healthcare tab as soon as insurance companies are no longer able to shift risks and we get rid of the overhead costs of risk-shifting. We well save the rest by eliminating unnecessary services -- just like every other industrialized nation. You complain about lack of cost control; the truth is you don't want any. Can you spell hypocrisy? But don't worry, cost controls are coming. They are inevitable now that they can no longer be had by eliminating care. Contrary to what Republicans claim, we can cover more people at lower cost, because, under the present system, the cost of insurance drives the healthy out of the insurance pool making insurance unaffordable. Once everyone is in, and there is no money to be made in loss-shifting, insurance will be cheaper relative to real medical costs. In the end, though, we will still have to control real medical costs.

- roidubouloi

March 21, 2010 at 10:26pm

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Roid, the public option was impossible. The numbers do not work for the US at our current middle-class tax rates. That's why every other country you admire has massive middle class tax rates. This current bill will pass without any Reps on board. Are you saying there was something even better that could also have passed without any Reps on board? Then why not pass it? The only lie happening here is this: "We will insure more, for less money, you can keep your doctor, and you won't see you taxes go up one dime if you make under $200,000" The middle class is getting soaked here, as I predicted. Remember when you said this could all be paid for by the top 5%? Hehe, now THAT was funny. You were wrong. And Dems are the ones that have stuck the middle class with this massive tax bill. You have been duped. Lied to. Played. Owned. And there's not a single Rep that was doing the screwing. It's all Dem leadership. N'est-ce pas? Bring on the cost controls. You are right--they are coming. I'm not in the medical business, so they won't impact me. But they will hammer the crap out union health care workers. PS. How about a friendly $100 bet to charity that Congress punts on the 20% slash to medicare that is part of this bill and supposed to come up next year? It'll be an early canary in the coalmine.

- seattleeng

March 21, 2010 at 11:24pm

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No, there was nothing better that could have passed without any Repugnants on board, which is why we have a bill that reforms the insurance market, has some cost control measures, but does not go far enough. I cannot even keep track of all the things you don't understand, seattle. You complain of lack of cost controls, but when it is pointed out how we could achieve cost controls, you complain that this will reduce the income of the health care sector. Of course, seattle. Our costs are their incomes. So anything, the government, the market, cometary visitations, that imposes cost discipline on the health care sector has to reduce their incomes -- the costs and their incomes are simply two different names for exactly the same financial flows. Get that? It is not that they are related to one another, they are actually the exact same economic phenomenon called by two different names depending on whether you adopt the point of view of the payer or the payee. You also seemingly cannot fathom that merely because a tax is exacted by the unregulated/monopolistic market does not make it less onerous than a tax exacted by the government. It can be moreso. If you pay $15,000 for health insurance but the government can tax you $10,000 and, by including everyone in the tax base, give you the same benefit (or better because it doesn't vanish as soon as you are seriously ill and have a big claim), you are better off -- better off being taxed than being at the mercy of a merciless free market. Well, maybe not you. You are so stewed in the anti-tax Kool-aid you not only drink but bathe in, that you cannot even count. You would rather pay $15,000 to an insurance company that is going to screw you the first chance it gets (without your only defense the trial lawyers you abhor) than pay $10,000 to the government that is actually going to make good on its promise to you because the latter is nominally a tax and the former is not. Yes, they pay high taxes in other countries, but they get guaranteed health care, free higher education for their children, a lot more vacation time, shorter working hours. The big difference is that the differences in after-tax incomes in such places are not nearly as extreme as ours. You consider that getting hosed. I consider that getting rescued from the rapacity of the monied classes. Move to Somalia. No taxes. Complete freedom. Libertarian paradise. As for union health care workers, I used to work for 1199, the drug and hospital workers union, when I was a kid. Did clerical work in the credit union. Most of the organized are the non-professionals, cleaners, orderlies, clerical workers, etc. They are poor or nearly so. You wouldn't be able to live for half an hour on what they earn, even with the benefits of a union contract. Cost controls are not going to come at their expense, of that you can be sure, as they are far from being the ones earning in excess of the median income.

- roidubouloi

March 22, 2010 at 9:58am

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And Leon Davis, the founder of 1199, used to come to my house for dinner every now and again. He was a brilliant, and terrifying, guy. I loved listening to him and my father argue about politics.

- roidubouloi

March 22, 2010 at 11:16am

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