The National Republican Congressional Committee (NRCC) is engaged in a misleading campaign to trick physicians into opposing health care reform. The Wonk Room has learned that the Committee has been placing calls and sending “hand-written” faxes to physicians across the country to ostensibly recognize physicians for their “invaluable experience” and ask recipients to call a toll-free number and approve a press release “to honor the achievements of you and other concerned physicians like you.”
The missive invites doctors to “represent” their state “as a consultant on Rep. Tom Price’s (R-GA) ‘Physicians’ Council for Responsible Reform,’” but a call to the “Council” suggests that the NRCC’s real goal is to scare physicians and add legitimacy to Republican efforts to stall reform. (Download a copy of the letter HERE).
According to one account provided to the Wonk Room, once a physician dials the number at the bottom of the fax, a staffer who identifies herself as a “someone who works for Congressman Price” answers the phone and informs the caller that her name was on a list “of leaders” “compiled” by Rep. Price. The staffer stresses that the doctor has been selected to serve as a “senior adviser” on the Council and that her input is “vital” to the reform process.
But rather than seeking “critical input” or “guidance” from doctors “who are respected by their peers”, the staffer– who at no point asks the doctor for her views on health care reform — plays a message from Price warning about the “very real threat of Washington interfering even more with doctor’s efforts to provide the best possible care for their patients.” (Listen to a recording of Price’s message HERE). Then, the operator explains, what the physicians on the Council have already agreed to:
CALLER: What do you stand for?
OPERATOR: Well, the thing is, we want, I think what we want is a free market type thing. You know, fine, you know, if we can upgrade Medicare or something so that those that aren’t covered will be covered, but we think what they’re proposing now can really be deleterious to patients and their doctors and we’re afraid that a lot of people will be left uncovered or waiting in line to get appointments or procedures or anything like that. We don’t want to end up being like England or what Canada has.
Listen to the call:
Before ending the call, the operator explains that the call was “paid for by the NRCC” and directs the caller to the organization’s website, “NRCC.org” where “there are some issues on there that talk about the socialized medicine.” After the caller asks for the Council’s website, the operator explains, “it’s physicianscouncil.org, there is not a whole lot on there yet, we are just starting it. Something brand new for us, which is why we don’t have a whole lot of details for you.”
Our guest blogger is Julian L. Wong, Senior Policy Analyst with the Energy Opportunity team.
China’s energy sector gets a bad reputation because of its heavy reliance on coal, which accounts for 80 percent of its electricity supply, and its continued appetite to expand coal power capacity at a rate of two coal power plants a week. While all of this is true, it’s not the full story.
The plants that China is currently building are some of the most efficient in the industry. And as the Wall Street Journal reported today, China has a concurrent program of shutting down small, inefficient coal plants:
The National Energy Administration said Thursday that since 2007 it had closed 54 gigawatts of coal- and oil-fired power plants as part of the cleanup plan. That would amount to about 7% of China’s current electricity-generating capacity.
According to the Associated Press, this capacity translates to a closure of “7,467 generating units, meeting a previously announced goal 18 months ahead of schedule.”
These reports come a few days after Greenpeace China released a report entitled “Polluting Power: Ranking of China’s Power Companies,” which analyzes China’s ten biggest power companies across various metrics such as coal consumption, carbon dioxide emissions, and share of renewable power. In sensationalistic fashion, Reuters tried to put an unhelpful gloss to Greenpeace’s report by proclaiming in a headline “Emissions of 3 big China power firms exceed UK,” conjuring images of ecological apocalypse. The Guardian has a similar headline.
No doubt, China’s reliance on coal makes it a leading carbon emitter, but this is hardly news. To say that “greenhouse gas emissions from the three biggest Chinese power firms in 2008 were higher than those of the entire United Kingdom” is rather meaningless without context.
We need to ask — how big are these firms? It is certainly not the case that China’s biggest three power plants are matching the entire UK in carbon emissions. China’s three biggest utility companies, with fleets of hundreds and hundreds of power plants accountable for 30 percent of the entire power supply for China and its 1.3 billion people (30 percent x 1.3 billion = 390 million), match the carbon emissions output of the entire economy of the UK and its 61 million citizens. Viewed in that light, China isn’t doing that badly.
The Greenpeace report is actually much more balanced and hopeful than the Reuters and Guardian headlines indicate. It rightfully points out the challenges that China’s biggest power firms face in terms of carbon emissions and environmental costs, but it also recognizes China’s achievements in increasing coal combustion efficiency and increasing renewable energy share in certain circumstances, in addition to its active program of shutting down plants.
Sensational headlines conveying half-truths can do much more harm than good. If we are to actively engage China in international energy and climate cooperation, we need to have an accurate understanding of what’s really happening there on the ground.
The Hill reported today that the student loan industry is ramping up activity to oppose the Obama administration’s loan reforms, and “pushing alternatives to maintain a grip on some portion of the multibillion-dollar business”:
The industry is in the middle of a major push, with some prominent Democratic lobbyists on its side, to stall momentum for the Obama plan…Industry groups latched onto an estimate from the nonpartisan Congressional Budget Office (CBO) requested by Sen. Judd Gregg (R-N.H.) that showed under high-risk scenarios the House bill would save $47 billion over 10 years.
Currently, the government subsidizes student loan companies to originate and service loans, while guaranteeing loan repayment up to 97 percent, which generates huge profits for the loan industry with very little risk.
The administration’s plan, which has been approved by the House Education and Labor Committee, would cut the middlemen out and have the government lend directly lend to all students, instead of just some. According to traditional CBO scoring, this plan would save taxpayers an estimated $87 billion over ten years (or $47 billion, using the CBO’s “market risk” score requested by Gregg).
As Higher Ed Watch pointed out, by embracing the CBO score that Gregg requested, both Republicans and the student loan industry seem to have inadvertently “conceded that Direct Loans are much cheaper than [subsidized private] loans, and that continuing the FFEL program, rather than transitioning to 100 percent direct lending, would cost taxpayers an extra $47 billion over ten years.” Either way, the scores prove that direct lending is a less expensive way of providing financial aid to students.
As the New York Times’ editorial board wrote, the lender subsidy program is “wasteful and all-too-corruptible“:
It was created at a time when the college loan business wasn’t big enough to attract enough lenders. The subsidies long ago became unnecessary. But lenders, who reaped enormous profits, and free-market enthusiasts have zealously defended the program…The goal of the student lending program is to make college more attainable. By embracing these changes — and eliminating an unnecessary federal subsidy — Congress can promote that goal and save taxpayers nearly $50 billion over the next decade.
Indeed, the lenders have a vested interest in protecting their taxpayer guaranteed profits, but in terms of doing what’s best for students — and what’s best for the federal budget — it makes no sense to preserve the current system.
Marc Lynch reviews the 2009 UN Arab Human Development Report, writing that “What emerges is a coherent narrative that links the authoritarianism of Arab states -– and the chaos produced by international military interventions -– to the failure to achieve acceptable levels of human development”:
Rather than an abstract discussion of democracy, the report opts for a detailed analysis of the many ways in which security-oriented states violate the security of their citizens. It criticises the abuse of states of emergency and martial law, the violation of the right to life by torture and mistreatment, and the practice of illegal detentions. The report gives particular attention to the problem of executive-branch infringement on judicial independence, and to the threat posed by “security and armed forces that are not subject to public oversight”.
The report is scathing about the corrosive effects of the “war on terror” -– showing clearly how Arab authoritarian regimes reconfigured and expanded their repressive power at precisely the time when the Bush administration spoke the loudest about its “Freedom Agenda”. The authors do not need to resort to discussing Guantanamo to make this point brutally clear. They describe the anti-terror laws passed in many Arab countries, in which “imprecision and ambiguity form a threat to basic freedoms”, and note that states have clearly “failed to find the required balance between the security of society and the preservation of individual rights and freedoms”. It is this legacy that Arab reformists -– and those in the West who wish to help them -– now must confront. The “global war on terror” will not fade so easily away.
One of the tragedies of the Bush administration was that, while it may have correctly identified some of the factors inhibiting reform in the Middle East — authoritarianism, corruption, religious and political extremism — many of the policies adopted and framed within the war on terror aggravated and even strengthened those factors.
It’s important to note that not all of these policies began with George W. Bush — and not all of them ended with him. I recently interviewed Issander El-Amrani, a Cairo-based writer and analyst, who spoke about some of the effects of U.S. policy on his own country of Morocco. Recognizing that the Obama Administration has ended the practice of extraordinary rendition, Amrani notes that “the practice of ordinary rendition, which dates from the Clinton Administration, continues”:
[I]t’s not only a question that torture is being practiced and the moral questions that raises about what America’s values are, it’s also a question of how it affects the development of the societies that are partners in this rendition program.
If you take the example of Morocco… a country with a pretty terrible human rights record under the previous king, under Hassan II…[S]ince 1999 when the new king, Mohammed VI, came in on the promise of carrying out political and human rights reform, there was a tremendous hope for progress on these issues. What we saw in the earlier part of the decade is the beginning of the Arab world’s first truth and reconciliation movement that looked into past abuses, that looked into allegations of torture, that allowed victims of torture and their family to testify — and this was televised. And this was really a watershed moment, I think, for the Middle East and it’s the first case of any such truth and reconciliation commission.
And because of the war on terror what we have seen since then, since this commission ended in 2003, is a regression. And you have to ask yourself: does Morocco’s prominent role in the rendition program, the fact that many people were sent to the Temara detention center just outside of Ranat, the capital, and detained there, interrogated — and we should have no illusions, its not a question of just the US sent them there and “oh no, the Moroccans used torture on them.” Americans, federal officials, were willing participants in some of these interrogation sessions — what impact does this have on Morocco’s own efforts to end the practice of torture, to have a reform of its security establishment when its main ally that at the same time is praising reform is also encouraging these practices?
Watch it:
Full transcript below. More »
Last night, news broke that the “cash for clunkers” program — which provides vouchers of up to $4,500 to consumers who trade in gas-guzzling cars for more fuel-efficient models — was running out of cash due to much higher than expected demand. It took only six days for the program’s $1 billion budget to be exhausted.
Evidently, Rep. Michele Bachmann (R-MN) feels that a program proving to be more successful than anticipated reveals the government’s incompetence:

Rep. John Boehner (R-OH) said the same thing, stating that “there are a lot of questions about how the administration administered this program. If they can’t handle something as simple as this, how would we handle health care?”
The initial proposal for the cash for clunkers program included $4 billion in funding, which Congress decided to cut to $1 billion. But besides underestimating demand, it’s hard to see how implementation of this program was mishandled.
The popularity of cash for clunkers actually shows that consumers are willing to spend, if the incentives are there. With the economy as a whole slowing its contraction, but with consumer spending still falling, programs that provide the right incentives (thus causing stimulus and preserving and creating jobs) are a good thing.
As Derek Thompson pointed out, there’s currently an “historic pent-up demand for cars…And when the government sweetens historic demand with cash guarantees, it’s easy to burn through $1 billion in a week.” Some forecasts indicate that industry-wide sales for July “could top 10 million vehicles on the annualized basis tracked by analysts.” If that happens, it would be the highest sales rate of the year.
The House voted today to infuse $2 billion of stimulus money meant for renewable loan guarantees into the program, and the Senate will vote next week. It might be worth finding the money somewhere else, though. For instance, Treasury could reprogram TARP funds, of which there are about $80 billion uncommitted, by making a request to congressional appropriators.
I noted at the time that cash for clunkers is not the most efficient way to upgrade the fuel efficiency of the nation’s auto fleet, and the environmental impact is not going to be huge, but given the economic benefits and the help in combating some traditional pollution the program is worth continuing.
Welcome to The WonkLine, a daily 10 a.m. roundup of the latest news about health care, the economy, national security, immigration and climate policy. This is what we’re reading. Tell us what you found in the comments section below, and subscribe to the RSS feed. Also, you can now follow The Wonk Room on Twitter.

Dairy farmers, worried about possible crackdowns, are pushing Congress to pass immigration reform that will legalize their workforce after a recent dairy industry study found that immigrants make up over 40 percent of the dairy work force and produce at least two-thirds of U.S. milk.
Supporters of immigrant rights, frustrated that the White House has not made immigration reform a higher legislative priority, are “trying to yank the issue off the back burner by pressing ahead with lobbying and legislation plans they hope will reinvigorate reform efforts.”
After Immigration and Customs Enforcement dismissed a report complaining about conditions at its immigrant detention centers, a group of over 60 detainees in Louisiana have begun “rotating 72-hour hunger strikes” to protest poor conditions.
“Sen. Chuck Grassley, the senior Republican on the Finance Committee, has assured his GOP colleagues that he will not sell them out and strike a private deal with Democrats on healthcare reform, according to Republican senators.”
Kaiser Health News is reporting that Governors are objecting to the portion of the Blue Dog health care compromise that would require states to fund 7 percent of the Medicaid expansion.
Congressional Quarterly is speculating that delay to pass anything out of the Senate Finance Committee “means that Obama is unlikely to sign any overhaul into law by October, as he had hoped. It will be almost impossible for Democratic leaders to shepherd the bill through Finance, pass it in both chambers, reconcile House and Senate differences in a conference committee, and clear the measure between Labor Day and Oct. 1″
A new study shows that the “annual mean area burned in the western United States is to increase by 54%” by 2050 with “the forests of the Pacific Northwest and Rocky Mountains experiencing the greatest increases of 78% and 175% respectively” due to increases in temperature due to climate change.
India has announced that “will spend some $200 million to protect its forests and will announce how much carbon emission is being captured by its green cover” as part of an emerging U.N. scheme called REDD, in which “developing nations could potentially earn billions of dollars by setting aside and rehabilitating their forests.”
The U.S. government is suspending the “cash for clunkers” program after it proved so popular that it ran through its $1 billion allotment in six days.
The U.S. economy shrank at an annualized rate of one percent in the second quarter of this year, after shrinking at 6.4 percent in the first quarter. The change signals that the economic downturn “is abating as government efforts to revive lending and President Barack Obama’s stimulus gain traction.”
Panama’s moves to cut down on banking secrecy may test the Obama administration and Congress, because Panama’s image as a leading tax haven “has become the latest hurdle for a pending U.S. trade deal, which has languished” since 2007.
Steven Pearlstein writes that “even as the cleanup crew is carting away the debris left by the last financial crisis, the investment banks, hedge funds and exchanges are busy working on the next one,” this time with high-frequency trading as the tool of choice.
Reuters reports that “Six bombs exploded within minutes near Shi’ite mosques across Baghdad on Friday, killing at least 26 people and wounding scores of others…The blasts, which appeared to target Shi’ite Muslims taking part in Friday prayers, was a reminder of the capability of militants in Iraq despite an overall drop in violence in the country over the last 18 months.”
The Washington Post reports that “Britain launched an independent inquiry into its role in the Iraq war, with the panel’s chairman confirming that former prime minister Tony Blair will be among the witnesses and that it would not ’shy away from making criticism.’”
Hamas leader Ismail Haniyeh “threatened Friday to boycott reconciliation talks with the rival Fatah group unless his supporters detained in the West Bank were released. The two dominant Palestinian groups accuse each other of carrying out political arrests that have crippled Egyptian efforts to broker a deal to restore political unity and boost prospects for a resumption of peace-making with Israel.”
Our guest blogger is Tom Kenworthy, a Senior Fellow at the Center for American Progress.
There’s something about the Endangered Species Act that brings out the worst kind of demagoguery on the right. Doubly so when climate change is involved.
Ever since the battle over the Tellico Dam and the snail darter in Tennessee in the 1970’s, the right has consistently fallen back on the same old, tired, and inaccurate construct: it’s always a tiny fish (or useless bird, or obscure snail) that is destroying jobs and threatening the economy.
The latest example has been unfolding over the past few months in California, where a three-year drought is being mis-characterized as a “manmade drought” brought on by federal efforts to protect an endangered fish, the delta smelt, in compliance with a 2007 court decision. Reductions in irrigation water deliveries by state and federal water projects to protect a 3-inch fish, scream the commentators and lawmakers, are crippling agriculture in the state’s Central Valley and throwing tens of thousands of people out of work.
“Because of this little fish, up to 80,000 people are going to lose jobs,” caterwauled Sean Hannity on Fox in mid-May. “This is madness.”
There’s madness out there all right, but it has a lot more to do with degradation of the Pacific coast’s largest estuary, the Sacramento-San Joaquin Delta, climate change, mismanagement of the state’s water resources, and the right’s inability to look at the facts than it does with protecting a small fish.
Peter Gleick, president of the Pacific Institute, punctures some of the myths surrounding the California drought in a blog posting that shows Central Valley farmers are getting lots more water than is commonly reported, that the jobs impact has been overstated, and that the smelt is not to blame.
As Gleick notes, a couple of weeks before Beck’s tirade, the head of California’s Department of Water Resources said that if the Endangered Species Act didn’t exist there would only be a five percent increase in water deliveries to farmers. “If the ESA goes away this afternoon, we still have a drought,” said Lester Snow.
The delta smelt is a handy whipping boy for the likes of Rep. Devin Nunes, who has tried to suspend the ESA to prevent what he calls a “government imposed dust bowl.” But the smelt is only a symptom of the collapse of one of America’s most important ecosystems, a collapse that has been building for decades and affects not just the smelt, but salmon, steelhead and about 750 other species of fish, birds and animals – 18 of which are designated as threatened or endangered by the state and federal governments.
As part of a compromise with the Blue Dogs, Chairman Henry Waxman (D-CA) has agreed to make some changes to the health care bill being crafted in the House Energy and Commerce Committee. One facet of the compromise involves raising the small business exemption on the employer health care mandate. Under the original bill, businesses with a payroll greater than $250,000 would be charged for not providing health insurance. The compromise pushes that to $500,000 in payroll, with the exemption not completely phased out until $750,000.
Of course, the Wall Street Journal editorial board is on the march against the very idea of an employer mandate:
To understand why, consider how the Pelosi jobs tax works…A tax credit would help very small businesses adjust to the new costs, but even a firm with a handful of workers is likely to be subject to this payroll levy. As we went to press, Blue Dogs were taking credit for pushing those payroll amounts up to $500,000 and $750,0000, but those are still small employers.
As Igor Volsky explained, “in the context of comprehensive reform, an employer mandate would preserve employer coverage and keep the employer contribution in the system.” The Congressional Budget Office said that the original House bill, which includes a strong employer mandate, would “drive 9 million people off of employer-provided insurance plans but that 12 million people who do not have such coverage now would get it — a net increase of 3 million people insured through their employers.”
Furthermore, the notion that this mandate would decimate small employers is nonsense. If the compromise comes to pass, 87 percent of businesses would be completely exempt from the mandate, since they have a payroll of less than $500,000.

Actually, even before the compromise, 77 percent of businesses would have been unaffected by the mandate. The only small employers that will be affected by the full scope of the mandate are firms with few employees who are making a lot of money. And chances are, businesses of that sort already provide insurance.
This is essentially a mandate on large employers, to ensure that they can’t simply drop their coverage, sending their employees into the health insurance Exchange or the non-group market. A huge influx of formerly covered employees into the Exhange would prove costly and overwhelming, since the Exchange is intended for small business employees and the self-employed.
By covering the very largest firms with this mandate, you actually ensure that a vast majority of workers are affected, as the 13 percent of firms with a payroll larger than $500,000 employ 81 percent of the country’s workers. So in the end, the bill is not about taxing small businesses, but providing America’s workers with stable access to health insurance.
In today’s POLITICO, Rep. Tom Price (R-GA) celebrates the 44th anniversary of Medicare by arguing that “nothing has had a greater negative effect on the delivery of health care than the federal government’s intrusion into medicine through Medicare.” Price joins a long-line of Republicans who have historically opposed a program that has dramatically improved “the health of the elderly population,” increased “life expectancy,” and improved the financial security of millions of seniors.
A recent Commonwealth Fund study found that “compared to people with private insurance, Medicare enrollees have greater access to care [and] fewer problems with medical bills.” Their report adds that this finding is significant, considering that those Americans on Medicare represent a demographic that is more likely to be in poor health and to have lower incomes. Elderly Medicare beneficiaries also reported “greater overall satisfaction with their health coverage” and Medicare is so popular that most Americans support expanding its coverage to individuals aged 55 to 64.
But Price reaches deeper into the reactionary rhetoric of the 1960s, to argue that “the proposal before the House would hand over to Washington nearly every decision that should be made by patients and their physicians” before proposing yet another Republican alternative to the Democratic initiative. The new “Empower Patients First Act” is almost identical to the The Patient’s Choice Act, Commonsense Health Care Reform to Lower Costs and Increase Access and Quality at a Price Our Country Can Afford, Improving Health Care for All Americans Act and Health Care Freedom — which begs the question: What was wrong with the other four bills?
Like it’s predecessors, this legislation would break-up employer-based coverage, endanger the coverage of Americans with pre-existing conditions, and drive-up health care spending:
- “Creating tax incentives for consumers to purchase insurance on the individual market, encouraging states to assist consumers with pre-existing conditions”: This proposal breaks up the employer-pool by encouraging younger workers (who can find cheaper coverage in the individual market) to opt out of their current coverage and purchase insurance elsewhere. The departure of healthy workers from employer insurance pools would drive up average health costs for employer based plans and force workers to opt out entirely. This unravels employer health insurance for Americans who prefer it. Younger, healthier people could find cut-rate insurance on the individual market – as long as they stay young and healthy! Since the bill lacks any adequate consumer protections — like requiring insurers to offer coverage to Americans with pre-existing conditions — insurance companies operating in the unregulated individual market would continue rescinding or denying coverage and increasing premium rates.
- “In order to provide coverage for Americans who have pre-existing conditions, the Republican plan proposes giving states incentives…to establish high-risk insurance pools”: Nationwide, high-risk pools cover fewer than 200,000 people. Often, enrollees face high premiums and are denied benefits for treatments related to their preexisting conditions— the very thing the plan will help. Because these pools will be full of only sick people, covering all high-risk Americans through these pools is likely to be prohibitively expensive. According to the Tax Policy Center, using high-risk pools “to prevent large losses in insurance coverage among the sick and needy could …[cost] on the order of $1 trillion over ten years given projected health care pay-costs.”
- “Republicans are also proposing to expand the individual market by creating pooling mechanisms such as association health plans and individual membership accounts”: In theory, Association Health Plans (AHP) are intended to implement a laudable goal: allow small employers to pool their risk nationally so they can get the same economies of scale and negotiating power as large employers. But in reality, Association health care arrangements would allow businesses with healthier employees to pool risk, while excluding firms with sicker employees.
- “Consumers would also be able to shop for insurance across state lines”: Allowing insurers to sell policies across state lines would allow companies to avoid state consumer-protection laws and solvency requirements. Insurance companies “would have little incentive to continue doing business” under certain state rules which “require that companies issue coverage to all new customers and not set higher rates for people who are already sick.” Companies will charter in states with scarce regulations, and will no longer have to provide mental health parity, cancer screenings, or abide by regulations that “limit the rates that can be charged to higher-cost consumers and that limit who can be excluded for a health plan.
- “The Republican plan also proposes reforming Medicaid and the State Children’s Health Insurance Program (SCHIP) by giving beneficiaries the option of getting a voucher to purchase private insurance”: Republicans would take some beneficiaries out of Medicare and CHIP and leave them in the hands of private insurers (in the individual market). But how would this swap control costs? Legislators had proposed “premium payment” support back in the 90s — that is, subsiding the purchase of private coverage — and analysts have concluded that the only way to control costs is to provide a “premium payment” that depreciates every successive year. In other words, the voucher may start at “100% of the Medicare benefits on average” in 2009, but it will diminish as health care costs increase. According an analysis by the National Academy of Social Insurance of the Breaux/Thomas premium support proposal, federal subsidies would not keep up with growing insurance premiums and could relegate “lower-income beneficiaries to lower-cost and possibly lower-quality plans.”
- “Our legislation is paid for. By requiring a 1 percent annual step-down in discretionary spending, plus other efficiencies”: The Republicans had proposed this “cost saving” measure in their alternative budget. As Pat Garofalo explained, an across the board cut would allow inflation to eat away at vital funding for programs like Head Start, Pell Grants and the entire public health infrastructure, and make cuts without any regard to merit.
- “The Republican plan also addresses the issue of medical liabilities that doctors face”: While medical malpractice reform is an important issue, malpractice costs represent only 0.46 percent of total health care expenditures. Republicans attempt to group the larger problem of practicing too much defensive medicine with liability reform, but as Kate Steadman explains, “the research that has been conducted indicates, for the most part, that defensive medicine has little effect overall and that states with tort reform only have slightly lower rates of spending than those without.” For instance, after Texas passed its landmark tort reform legislation in September 2003, the state continued to grapple with the highest uninsured rate in the nation. As the Houston Chronicle points out, “malpractice issues are a small scab on Texas’ ailing health care system. The cancer is the number of uninsured. Increasing the number of doctors and specialties only does so much good when many Texans can’t afford to make an appointment.”
Recently, the NRA announced that it would “score” the Sotomayor vote in determining where each lawmaker stands on the NRA’s pro-gun agenda, a curious decision since Judge Sotomayor’s entire record on the Second Amendment is consistent with mandatory Supreme Court precedent. Since then, the NRA launched a smear campaign against the judge, accusing her of “deliberately misread[ing] Supreme Court precedent” in order to undermine the NRA’s pet issue.
The reality, of course, couldn’t be further from the truth. Even a Seventh Circuit panel, which was dominated by ultra-conservative Judges Richard Posner and Frank Easterbrook, sided with Sotomayor–agreeing that only the Supreme Court has the power to overrule its longstanding precedent holding that the Second Amendment does not apply to the states.
Nevertheless, there was one outlier court, the Ninth Circuit, which had disagreed with Sotomayor’s decision and claimed that it possessed the unilateral authority to act contrary to the Supreme Court’s longstanding rule. That case, Nordyke v. King, was the centerpiece of the NRA’s claim that Sotomayor somehow misread the law. There’s only one problem for the NRA, as of today Nordyke no longer exists.
This is because the Ninth Circuit announced that they will hear Nordyke “en banc,” meaning that the case will be reheared by a larger panel of judges than the original three-judge panel which initally decided that case. En banc rehearings also have the automatic effect of vacating the original panel’s decision–casting that panel opinion aside as if it no longer existed.
Of course, it’s impossible to know for certain what the en banc panel will do after it hears the case, especially because the Ninth Circuit’s own rules add a bit of a chaos factor to the analysis. Typically, when a court of appeals agrees to hear a case en banc, every active judge on the court participates in the decsision. Because the Ninth Circuit has more than two dozen active judges, however, en banc panels in that circuit normally only include eleven randomly selected judges. Accordingly, even if only six of the Court’s twenty-seven judges agree with the NRA, it is mathematically possible for an en banc panel to take the NRA’s view of Nordyke.
Nevertheless, because an en banc panel is only called when a majority of the court’s active judges agree to reconsider a case, the overwhelming majority of en banc decisions disagree with those of the three judge panel. In other words, it is more likely than not that the Ninth Circuit will reach the exact same result Judge Sotomayor did; and the NRA’s case against Sotomayor will lose it’s only half-decent argument forever.
For the past few days, right-wing health care opponents and anti-immigrant wingnuts have been relentlessly spreading the myth that the proposed health care bill will offer undocumented immigrants “free and total access” to federal health care benefits. In a portion of an interview with Univision’s Maria Elena Salinas which aired this morning, Obama reiterated that undocumented immigrants will not be covered under his health care reform plan and stated that we need to pass comprehensive immigration reform that puts them on a path to legalization:
SALINAS: Mr. President, the National Council of La Raza says that we cannot have true health care reform unless it includes undocumented immigrants, legal residents, and immigrant children. These are the groups that are most likely to be uninsured. How do you address this?
OBAMA: As I said before, the best way to deal with undocumented immigrants is to make them documented.
SALINAS: But what happens to legal residents who have followed the rules?
OBAMA: As I just said, when it comes to legal residents we want to find ways that they can access preventative services, enrollment services, regular treatments. So, I think there’s a difference between legal immigrants who work here — they should have access to medical services. Undocumented workers who are here illegally — we want to create comprehensive immigration reform so they can get on a path to citizenship. Until they do, we can’t reward them with some of the benefits which quite frankly cost us a lot of money. There will be a lot of resistance when people who are citizens and legal residents aren’t getting these services and we’re giving them to undocumented workers.
Watch it:
Sec. 242 and 246 of America’s Affordable Health Choices Act of 2009 explicitly state that only individuals who are lawfully present in US will receive any of the benefits provided in the bill.
It’s no secret that the Washington Post’s editorial page has become a kind of graveyard of neoconservatism, but even so this is a pretty profoundly misleading passage in today’s editorial lamenting the Obama administration’s firm stance against Israeli settlements:
Rather than pocketing Mr. Netanyahu’s initial concessions — he gave a speech on Palestinian statehood and suggested parameters for curtailing settlements accepted by previous U.S. administrations — Mr. Obama chose to insist on an absolutist demand for a settlement “freeze.” Palestinian and Arab leaders who had accepted previous compromises immediately hardened their positions; they also balked at delivering the “confidence-building” concessions to Israel that the administration seeks.
Netanyahu did not make a speech on “Palestinian statehood.” He made a speech laying out Israeli demands, in which he also briefly acknowledged a “Palestinian state” — and then placed such stringent conditions upon that state as to divest the term of any meaning.
In any case, previous Israeli governments had already committed to the creation of a Palestinian state. As the American Prospect’s Michelle Goldberg wrote in an analysis of the Bar-Ilan speech, “after taking office Netanyahu essentially revoked this commitment and now stands to reap rewards for re-offering it in diminished form.”
It’s also pretty interesting how, in the Post’s telling, the claim by some Israeli officials that they had arrived at secret, oral understandings on settlement growth with one U.S. administration — the Bush administration — has now magically morphed into “suggested parameters for curtailing settlements accepted by previous U.S. administrations”.
As to President Obama’s “absolutist demand for a settlement ‘freeze,’” President Bush’s 2003 road map is very clear on this point, stating that Israel “freezes all settlement activity, consistent with the Mitchell report.”
If Obama looks like he’s being unusually firm on settlements, it’s only because past U.S. administrations have unfortunately been all too willing to bend on the issue, recognizing the settlements as a serious problem, but never really moving seriously against them. Israeli governments, and settlement supporters in the U.S., have grown accustomed to the game in which the president says settlements must stop, and the Israeli prime minister agrees, and then the next day Israel announces 1400 new settlement homes. This has been disastrous not only for the Palestinians, whose daily lives are impacted in countless negative ways by the settlements and the military occupation that sustains them, but also for U.S. credibility and the credibility of Palestinian moderates who we’re ostensibly trying to strengthen.
It’s certainly fair to question whether Obama’s focus on settlements is correct, but it’s also fair to expect one of the leading papers in the country not to misrepresent the basic facts of the situation while doing it.
Apparently incapable of coming up with a single new idea, House Republicans plan to release a health plan today which is plagiarized almost entirely from the McCain-Palin health plan that voters soundly rejected last November. Amazingly, the “new” GOP plan even lifts McCain’s widely-panned proposal to deregulate the health insurance industry in exactly the same way the banking industry was deregulated over the last several decades. As McCain promised during the 2008 campaign:
I would also allow individuals to choose to purchase health insurance across state lines. . . . Opening up the health insurance market to more vigorous nationwide competition, as we have done over the last decade in banking, would provide more choices of innovative products less burdened by the worst excesses of state-based regulation.
Here’s how this “new” plan works: Once upon a time, banks were governed by something known as “usury laws,” state laws which prohibited lenders from charging excessive interest to homeowners and other borrowers. In 1978, however, the Supreme Court held that banks are only required to follow the usury laws of the state where they are “located,” effectively immunizing banks from the interest rate caps in each of the other 49 states.
The result was a race to the bottom where states competed to enact the least protective usury laws in order to coax the banking industry into relocating within their borders. Eventually, South Dakota “won” this race by repealing its usury laws altogether, and Citibank rewarded South Dakota by moving its lending offices to that state. The rest of the industry soon followed suit, immunizing itself from interest rate caps altogether by locating in places like South Dakota.
At a time when Americans are terrified of being denied care because of a preexisting condition, or even having their health insurance provider pull coverage the minute they get sick, the McCain-Palin/House GOP health plan calls for health insurers to have even greater latitude to deny coverage; and it does so by fully adopting the banking model’s approach to state regulation. If the House Republicans are successful in enacting their plan, a short list of laws that would effectively cease to exist includes:
The choice is clear. President Obama has promised to cut health care costs, expand coverage and eliminate discrimination against Americans with preexisting conditions. Conservatives have a very different vision. They think that insurers “don’t need to be ‘kept honest’ by the government,” and they plan to dismantle many of the existing laws which Americans rely on to ensure that their medical conditions are covered. We have already seen the cost of bank deregulation on the nation’s economy; it is truly mind boggling that conservatives want to do the same thing to health care.
According to disclosures released earlier this month, oil and natural gas interests are pumping money into lobbying firms to influence climate change legislation at a furious pace. With $82.2 million spent in just the first half of 2009 — compared to $132.2 million in all of 2008 — the industry is on track to set new records.
Unfortunately, as large as this direct lobbying figure is, it represents probably a fraction of the total amount of money the oil and gas industry is pouring into the debate. Some of the money flows straight to candidates and to political action committees. Another huge, largely undisclosed portion goes to what is known as “outside lobbying” efforts — public relations and advertising firms which coordinate a pro-polluter propaganda campaign to influence public opinion. And finally much of the money goes to financing “think-tanks” to produce reports outside the realm of scientific consensus to legitimize skepticism of global warming.
The outside lobbying campaign the industry has embraced this year is the most corrosive because it is based upon deception — and increasingly, hate. Koch Industries, the oil and gas behemoth, bankrolls the astroturf groups Americans for Prosperity and FreedomWorks. These groups were instrumental in orchestrating the anti-Obama tea party protests, where thousands gathered to display racist signs directed at the President, absurd calls for an impeachment, and more recently, protesters hanging Democratic leaders in effigy. In addition to the anti-Obama protests, these groups provide a useful front for industries as they hire dozens of field staff to spread misinformation about clean energy and bus people around the country to create the guise of public distrust of global warming. Koch has funneled its money not only to these astroturf efforts, but has been a prolific leader in all the aforementioned strategies that industries pursue (Charles Koch even founded the Cato Institute, a leader of global warming skepticism and has spent nearly $4 million in lobbying this year alone).
Although Koch has traditionally given mostly to Republicans, E&E notes that it is giving increasingly to Democrats. In 2009, Koch gave about 28 percent of its contributions to Democrats, compared to about 15 percent last year:
Sen. Max Baucus (D-MT): $5,000 [FEC, accessed 7/29/09]
Sen. Blanche Lincoln (D-AR): $10,000 [FEC, accessed 7/29/09]
Sen. Mark Pryor (D-AR): $2,000 [FEC, accessed 7/29/09]Rep. Marion Berry (D-AR): $2,500 [FEC, accessed 7/29/09]
Rep. Dan Boren (D-OK): $3,000 [FEC, accessed 7/29/09]
Rep. Allen Boyd (D-FL): $6,500 [FEC, accessed 7/29/09]
Rep. Henry Cuellar (D-TX): $3,500 [FEC, accessed 7/29/09]
Rep. Charles Gonzalez (D-TX): $4,500 [FEC, accessed 7/29/09]
Rep. Gene Green (D-TX): $3,500 [FEC, accessed 7/29/09]
Rep. Charlie Melancon (D-LA): $2,500 [FEC, accessed 7/29/09]
Rep. Solomon Ortiz (D-TX): $1,000 [FEC, accessed 7/29/09]
Rep. Collin Peterson (D-MN): $6,500 [FEC, accessed 7/29/09]
Rep. Mike Ross (D-AR): $2,000 [FEC, accessed 7/29/09]
Rep. David Scott (D-GA): $1,000 [FEC, accessed 7/29/09]
Rep. Henry Teague (D-NM): $1,000 [FEC, accessed 7/29/09]
In accepting dirty energy Koch money, these lawmakers are legitimizing the financiers of the anti-Obama tea party effort.
Welcome to The WonkLine, a daily 10 a.m. roundup of the latest news about health care, the economy, national security, immigration and climate policy. This is what we’re reading. Tell us what you found in the comments section below, and subscribe to the RSS feed. Also, you can now follow The Wonk Room on Twitter.

The LA Times reports that “decades of war and mismanagement, compounded by two years of drought, are wreaking havoc on Iraq’s ecosystem, drying up riverbeds and marshes, turning arable land into desert, killing trees and plants, and generally transforming what was once the region’s most fertile area into a wasteland.”
The Senate yesterday “passed a $34.3-billion energy spending bill that backs up President Obama’s promise to close the Yucca Mountain nuclear waste facility in Nevada. The bill, passed by a 85-9 vote, also covers water transfers to help farmers in California and hundreds of water projects by the Army Corps of Engineers.”
The New York Times notes that “cool roofs” are catching on as an energy cost cutter.
Yesterday, the House voted to approve the PASS ID Act which will replace the “unworkable” REAL ID Act of 2005 and create a less costly program that establishes federal security standards for driver’s licenses and identification cards by 2016.
After eliminating the state-funded health insurance of 30,000 legal immigrants last month, Massachusetts has voted to restore a small portion of those benefits without stipulating how much care they will qualify for.
A Salvadoran family which fled their home country to avoid gang violence will bring their case to the Supreme Court which is expected to set a national precedent on whether escaping forced recruitment into violent foreign gangs is grounds for asylum in the US.
Sen. Max Baucus(D-MT) said yesterday that a “preliminary Congressional Budget Office score of his panel’s draft health care overhaul package would cost under $900 billion over the next decade and provide health coverage to 95 percent of uninsured Americans.”
Suggested changes to the Massachusetts health care system would create real reform by improving quality and cutting costs, which should include more preventive services and interventions, and also increasing coverage.
Lawmakers who cite Lewin Group’s ‘Nonpartisan’ Data, like nearly 100 million Americans may quit their private insurance plans if offered a government-run alternative, don’t mention that the Lewin Group is owned by UnitedHealth Group.
Colin Barr at CNN Money writes that the government received fair value for TARP warrants from both American Express and Goldman Sachs, which may indicate that Treasury is finally getting tough on banks.
The Senate Permanent Subcommittee on Investigations “has subpoenaed financial institutions, including Goldman Sachs Group Inc. and Deutsche Bank AG, seeking evidence of fraud in last year’s mortgage-market meltdown, according to people familiar with the situation.”
Due to higher than expected demand, funding for Congress’ cash-for-clunkers plan may already be running out. Joe Weisenthal writes that the government probably didn’t take into account owners trading in cars with a resale value of $5,000+, “a seemingly irrational move to leave money off the table.”
CNN reports that former British Prime Minister Tony Blair “will be called before an inquiry into the country’s role in the Iraq war…Blair’s successor, Gordon Brown, announced the inquiry last month, saying it would look in depth at the lead up to and conduct of the war. However, he also said it would not appropriate blame or have any mandate to consider civil or criminal charges.”
According to Voice of America, “witnesses in Iran say riot police have forced reformist leader Mir Hossein Mousavi to leave a Tehran cemetery, where hundreds of mourners have gathered to pay respects to those killed in the unrest that followed the re-election of President Mahmoud Ahmadinejad.”
Reuters reports that “Indian opposition lawmakers staged a noisy protest and walked out of parliament on Thursday, branding government efforts to improve ties with Pakistan a sell out of national interest.”
After arguing that the House health care bill did not do enough to lower long term health care spending, Blue Dog Democrats hijacked the House Energy and Commerce Committee and promised to vote down the bill unless Chairman Henry Waxman (D-CA) heeded their concerns.
Today, the Dogs and the Dems reached a compromise:
- Reimbursement rates for public plan should be no higher than market rates: Rather than reimbursing at five percent above Medicare rates, the new public option will now directly negotiate rates with providers.
- States can offer an insurance co-op alongside public plan: Presumably this state-based cooperative would act like any other not-for-profit insurer and will lack the market clout to drive bargains and lower costs.
- Premium cap goes from 11% of income to 12%: Loosening the affordability measures is certainly one way to bring down the cost of health reform, but it does little to help families purchase coverage.
- States must pay 7% of cost of additional Medicaid enrollments: States are already worried that the plan to expand Medicaid would leave them on the hook for financing the expansion after the five year grace period (for the first five years, the federal government funds the expansion, after that, the states would gradually assume half the cost.) This will likely stoke their concerns.
- Small business exemption for payroll up to $500,000; phases out at $750,000: The original language exempt businesses with a payroll of less than $250,000 and charged a penalty on a sliding scale.
- Cost of bill must come in at under $1 trillion: Most health reform advocates believe that is nearly impossible to provide everyone with affordable health care coverage under $1 trillion.
On the whole, these tweaks are rather minor. Most observers interpreted the hoopla surrounding the negotiations as a sign of serious trouble. If the outline above is correct, then the dogs came back with their tail somewhat between their legs.
Secondly, the agreement only reinforces the notion that Blue Dogs are more interested in ideological politics than lowering long-term health care spending. After all, if they really wanted to lower costs, they would support reform that includes a robust public option and generous affordability measures so that every American is part of the health care system and has access to needed care. After all, if the public plan pays bloated market rates (as this agreement states) it will fail to offer lower premiums within the Exchange, and would cause the government to spend more money on subsidies. Unfortunately, the Blue Dogs are trying to lower the costs by making insurance less affordable and undercutting a meaningful public option.
There is “no excuse” for fact that conservatives are stalling many of President Obama’s top legal nominees, said Senate Judiciary Chair Pat Leahy (D-VT) at a committee hearing today. Not one of President Obama’s judicial nominees has been confirmed by the Senate, and the nominees awaiting a floor vote include:
[F]our nominees for top Justice Department jobs, the nominee to chair the U.S. Sentencing Commission, and nominees for the U.S. Courts of Appeal for the 2nd, 4th, and 7th Circuits. . . . Some of the nominees, such as Dawn Johnsen to head the Justice Department’s Office of Legal Counsel, have drawn threats of filibusters from Republicans. But others, including Thomas Perez to lead the Justice Department’s Civil Rights Division, are largely non-controversial. In all cases, senators haven’t come to agreement to bring them to a vote.
Much of the right’s motivation for obstructing these nominees can be summed up in two words: floor time. Absent unanimous consent from all senators, no issue may be considered by the full Senate unless it is given time on the Senate floor for debate. Although such a debate can be cut off by a cloture motion — a vote receiving the support of 60 senators — such a motion itself consumes floor time. Thus, by indiscriminately objecting to President Obama’s nominees, a single senator can effectively force the Majority to choose between confirming essential government personnel or advancing health care reform, cap and trade, the federal budget or anything else on the Senate’s agenda.
But right-wing hopes that Obama will fail only partially explain conservatives’ strategy to keep the President’s nominees off the federal bench. In truth, the far right has rallied behind seizing the judiciary to accomplish right-wing ends ever since they began dotting the South with “Impeach Earl Warren” billboards to protest desegregation. More recently, the Republican-controlled Judiciary Committee gave a single senator authority to obstruct any one of President Clinton’s nominees–a power segregationist Senator Jesse Helms (R-NC) used to block every single nominee from North Carolina.
During George W. Bush’s Presidency, however, the right hummed a different tune. Suddenly, senators lost their power to veto nominees, and battering-ram tactics like the “Ginsburg Rule” and the “Nuclear Option” entered the political lexicon. With a rubber-stamp Senate in his corner, President Bush confirmed some of the worst federal judges since the Hoover Administration; judges like Janice Rogers Brown, who believes that the New Deal is unconstitutional and the Social Security is “cannibalism;” Jeffery Sutton, who devoted much of his career to attacking Medicaid and immunizing state employers from civil rights law; and J. Leon Holmes, who once wrote that a “wife is to subordinate herself to her husband” and “place herself under the authority of the man.”
Moreover, conservatives have long understood the need to appoint young, up-and-coming attorneys to the courts in order to create a deep bench of future Supreme Court nominees. So far, the average age of President Obama’s nominees is 55, five years older, on average, than the men and women given lifetime appointments by George W. Bush, and most of the names on Bush II’s “short list” of potential SCOTUS nominees were nominated by Reagan or Bush I when the nominees were in their 30s or early 40s.
In other words, the right has long followed a strategy of easing their own judges through the Senate, bottling up progressive nominees, and making sure that their team simply outlives ours. The result is a judiciary that is both dominated by conservatives and free to impose a radical vision on the law. If this trend is ever going to be reversed, the Senate needs to take up Leahy’s call to confirm Obama’s nominees right away.
Yesterday, during President Obama’s AARP town hall, a caller stated that she had “heard lots of rumors going around about this new plan…I have been told there is a policy there that everyone that Medicare age will be visited and told to decide how they wish to die.” This “rumor” which may have been started by infamous health care provocateur Betsy McCaughey has made its way into the standard conservative critique of the Democrats’ reforms:
- Laura Ingraham: Old people could be visited in their homes and essentially be told ” all right, sweetie, you’ve had a good life...I don’t want a government bureaucrat telling him what kind of treatment he should consider to be a good citizen. That’s frightening.
- Rep. Virginia Foxx (R-NC): [Americans will be] put to death by their government.
- Rush Limbaugh: The bureaucratic going to make the decisions. You aren’t. And it’s in the House bill. Once you reach, I don’t know what the age is, every five years, it’s in the sixties, every five years some counselor shows up.
- Sean Hannity: In other words, they would mandate that those who get government care literally could be pushed to refuse care.
Watch a compilation:
To substantiate their claims, conservatives point to SEC. 1233 of the House Tri Committee bill, a section titled “ADVANCE CARE PLANNING CONSULTATION.” But while the language allows Medicare to reimburse providers for consulting with patients about end-of-life issues, nothing in the section mandates a consultation. On page 429, the bill specifically states that seniors “may” consult with medical professionals — not government bureaucrats:

The bill aims to provide seniors with information about drafting a living will or the options surround end of life care, information Americans have been asking for. A recent report by ThirdWay found that “although 75% of Americans feel advance directives are a good idea, only 40% of Medicare patients say they have one.” Given the lack of clear information, “many patients sign documents that don’t offer clear instructions. Family members may have conflicting feelings about the care they wish to see a patient receive…For elderly patients, their end-of-life wishes regarding care are often unknown or ignored.” The new optional Medicare service seeks to reverse that trend and help patients make more informed end-of-life decisions.
Transcript: More »
The Associated Press reported that opponents of the Employee Free Choice Act (EFCA), feeling that they have dispensed with majority sign-up, are starting to “intensify their attack on another major provision [of the bill]: Binding arbitration if a new union and management can’t agree on a first contract within 120 days.”
A popular narrative from these opponents is that majority sign-up was actually just a red herring, meant to distract everyone from the arbitration provision that labor really wanted. “We suspected from the beginning that the binding arbitration was packaged with the elimination of the secret ballot in order to create a straw man they could take down later,” said Sen. Jim DeMint (R-SC). In that vein, the Chamber of Commerce had this to say about EFCA’s arbitration provision:
“Card check is the political poison in the bill, but forced arbitration is the real poison,” said Steven Law, general counsel of the U.S. Chamber of Commerce.
If arbitration truly is poisonous, then the Chamber must have built up quite an immunity over the years. After all, it has consistently favored binding arbitration, when such arbitration helps it avoid litigation in consumer disputes. Here’s some of the Chamber’s prior rhetoric:
– Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform, wrote that the findings of an arbitration study “prove that arbitration continues to provide consumers with fair, inexpensive, and unbiased access to justice across the broadest spectrum of consumer disputes.” [3/11/09]
– The data is increasingly clear: for most consumers, arbitration is a better way to resolve disputes than being forced into court. [Chamber Press release, 7/15/08]
– Virtually any type of dispute between private individuals or entities can be addressed by arbitration, including, for example, contract, real estate, employment, and tort disputes. [U.S. Chamber Institute for Legal Reform, “Issues Resource Center”]
Overall, U.S. companies include mandatory arbitration clauses in 75 percent of consumer agreements. The Chamber seems to have no problem with that, but when arbitration translates into workers getting a fair shot at a contract, it’s suddenly poisonous.
Arbitration is a necessary part of EFCA because, all too often, employees vote to form a union, but can’t get a first contract due to their employer’s delay tactics. More than half of new unions still have no contract one year after they are certified, and 37 percent have no contract after two years. A full quarter of new unions wait more than three years to receive a first contract.
Last night, Lou Dobbs Show correspondent Lisa Sylvester reported that “people who break immigration laws” will be “rewarded” with free health care coverage due to “gaping loopholes” in the proposed health care bill. Sylvester interviewed right-wing immigration hardliners and health care opponents to make her case:
ROBERT RECTOR, HERITAGE FOUNDATION: What we’re doing is creating a new program for low-income people to give them free medical care and giving illegal immigrants free and total access to that system. It’s a huge transformation. It’s radically different than anything the country has done in the past.
SYLVESTER: An amendment was offered that would have enabled states to use the Welfare Eligibility data base to keep illegal immigrants from qualifying for health care benefits. But that amendment was defeated in committee on a party line vote. And there’s another provision in this bill that some Republicans take issue with. It says that if one member of a family is eligible to receive universal health coverage then the entire family is eligible. Representative Lamar Smith calls that another loophole that he says will permit illegal immigrants to receive taxpayer funded health coverage.
Watch it:
Far from “free and total access,” there is specific language in both the House and Senate bills that prohibits undocumented immigrants from obtaining any federal health care assistance. However, several conservatives are still whining about the failure of the Heller Amendment, which Sylvester also cites above. None of them have mentioned that the amendment would have given private insurance providers unprecedented access to the sensitive income and identity information of all those applying for health care assistance while curtailing the privacy and redress responsibilities that the Social Security Act requires of government agencies.
The second “loophole” that Smith falsely claims will allow undocumented immigrants to receive universal coverage through legal family members represents another distortion. The House bill clearly stipulates that only family members who are “affordable credit eligible individuals” will receive government assistance. “Affordable credit eligible individuals” are defined as someone who is lawfully present in the US.
Rather than requiring Americans to hand over sensitive information to private insurers, the eligibility provision is enforceable via less invasive documentation requirements. If Congress decides to take up comprehensive immigration reform, there’s also the likely possibility that illegal immigration will be addressed head-on by putting undocumented immigrants on a path to legalization which is when and how this whole topic should be addressed in the first place.

