Stuck in the Middle with You.

“That large-heartedness – that concern and regard for the plight of others – is not a partisan feeling. It is not a Republican or a Democratic feeling. It, too, is part of the American character. Our ability to stand in other people’s shoes. A recognition that we are all in this together; that when fortune turns against one of us, others are there to lend a helping hand. A belief that in this country, hard work and responsibility should be rewarded by some measure of security and fair play; and an acknowledgment that sometimes government has to step in to help deliver on that promise.

As I’m sure you know, President Obama delivered his health care reform address to Congress last night. [Transcript.] My thoughts on it are mixed.

On one hand, speaking in terms of rhetoric, style, and delivery, this was an amazing speech, his best since the campaign days. While it’s an open question how long its effects will linger, the address clearly and decisively helped move the reform ball forward. And the emotional closer, featuring Ted Kennedy’s heartfelt final words to the President, was incredibly moving. In sum, it’s the exemplary address we knew Obama had in him on this issue, and he brought it home perfectly.

But, all that being said, I can’t shake the nagging feeling that [a] the policy being outlined last night didn’t quite jibe with the wonderful speech, and, as all too common of late, [b] the president far too readily threw his left flank — the very people who sweat blood and tears to get him elected — under the bus.

To take the second part first, Obama early on indulged in an irritating and textbook case of Beltway false equivalence by setting himself up as the sensible middle between those cuh-rrrrazy single-payer types on the left and the free market fundies on the right. (“There are those on the left who believe that the only way to fix the system is through a single-payer system like Canada’s…“) Uh, yes, and not so long ago, Mr. President, you were among them. I feel like I’ve said this several times recently, but painting the left as dingbats to shore up one’s centrist bona fides is a pretty tired parlor trick at this point, and it never gets any less insulting.

As an aside, on the way into work yesterday, I — and everyone else around the Metro — was accosted by guys in Grim Reaper costumes and bullhorns, telling us all, basically, that violence will erupt and we will all die if this health care bill passes. Y’know, there’s a term for telling people they’ll be killed if a political event happens — We call it terrorism. (As it turns out, there’s a term for wearing a hood while telling people they’ll be killed too.) Well, imagine my surprise to hear — from the president I’ve vocally supported for two years now — that me and my fellow clowns on the left are just as part of the health care problem as these jokers are on the right. I have to admit, it kinda tempers the enthusiasm.

And then there was the discussion of the public option. Yes, the President did make a case for the public option in last night’s remarks: “[A]n additional step we can take to keep insurance companies honest is by making a not-for-profit public option available in the insurance exchange…It would also keep pressure on private insurers to keep their policies affordable and treat their customers better.” In addition, the President correctly pointed out, “It’s worth noting that a strong majority of Americans still favor a public insurance option of the sort I’ve proposed tonight.

But what the President giveth, the President also taketh away. The public option was clearly brought up in the speech after the non-negotiable section. (“While there remain some significant details to be ironed out, I believe a broad consensus exists for the aspects of the plan I just outlined.“)

Indeed, in case we missed the point, President Obama later made it clear: “To my progressive friends, I would remind you that…[t]he public option is only a means to [an] end – and we should remain open to other ideas that accomplish our ultimate goal.

He then went on to float two “compromise” ideas that, for all intent and purposes, are public option killers: (1) a trigger and (2) co-ops. (“For example, some have suggested that that the public option go into effect only in those markets where insurance companies are not providing affordable policies. Others propose a co-op or another non-profit entity to administer the plan.“)

The trigger notion — the idea that if the insurance companies don’t fix the problem themselves, a public option would then be “triggered” into existence — is in effect, as one progressive well put it, a threat made with an unloaded gun. It’s kabuki theater, pure and simple, because everyone knows that Congress never pulls the trigger in question. (See also the cost of prescription drugs in Medicare Part D.) As Slate‘s Tim Noah recently ably pointed out, triggers are used all the time as “compromise” fodder, and what they really mean is we’re going to pretend to have addressed the problem and let things go on as they have. And, really, how much worse would insurance companies have to fail before this trigger kicked in? We’re talking about health care reform right now because the system is already broken.

As for co-ops, there’s a good reason they are the compromise that the insurance industry tends to favor. Most likely, they’ll be too small, weak, and scattered to bring real competition to the market.

So, granted, we don’t have a final bill yet, and there are many strong advocates of a public option in the House who will continue to fight for it. But, if the public option is as expendable to the administration as it seemed last night, then we may have some problems.

To wit, if a health care reform bill passes that has an individual mandate (i.e. everyone has to buy insurance), limited subsidies (to keep costs down), and no public option, than what’s basically happening is this: People are being forced to buy insurance they likely still can’t afford from the very private companies that are making vast amounts of coin from the current, broken system. If this sounds like a huge boon for private insurance companies, it is. (One might even start to think they had a hand in writing the legislation.) Yes, a larger risk pool should make health insurance cheaper — but without a public option keeping rates honest, what guarantee do we have that these savings would be passed on to the consumer?

Along those lines, President Obama also made the case last night for a tax on premium plans to help pay for reform. (“This reform will charge insurance companies a fee for their most expensive policies, which will encourage them to provide greater value for the money – an idea which has the support of Democratic and Republican experts.“) But, again, without a robust public option holding the private industry’s feet to the fire, what will stop said insurance companies from just passing these costs down the line, in the form of higher premiums across the board?

(I’ll confess to being confused about this element of the plan anyway. The article I just linked on this premium plan tax says: “The hope is that employers would buy cheaper, less generous coverage for employees, thereby reducing the overuse of medical services.” Uh…cheaper, less generous coverage for employees? That’s a good thing? And I’m by no means an expert on these matters — far from it — but is “the overuse of medical services” really the main problem afflicting our health care system? It sounds a bit to me like “too many notes.”)

All of which is to say that I really hope the substance of the final plan matches the beauty of last night’s rhetoric. Now, I understand the counter-arguments: As Paul Begala recently reminded us, the Social Security Act of 1935 had serious problems too, and look how that turned out. The great is the enemy of the good. Politics is the art of the possible, etc. etc.

I don’t disagree with any of that. But I also believe that leadership is the art of expanding the horizons of the possible. (Cue RFK: “Some men see things as they are and say why. I dream things that never were and say why not.“) We always knew that the President is a master of oratory, and that he would move us all with his eloquence when the time came. But, in setting their sights so low on this bill, the administration, in my view, have come close to squandering both the historical moment and the president’s once-in-a-generation gift.

A historical puzzle lingers over the entire health care reform enterprise at the moment: How is it, with a Democratic House, a filibuster-proof Democratic Senate, and a Democratic president, that the proposal for health care reform on the table basically remains to the right of Richard Nixon? (See also: The Family Assistance Plan.)

Well, the short answer, imho, is lack of meaningful campaign finance and lobbying restrictions. (A key problem that’s about to get a whole lot worse.) But I would also argue in favor of another cause. For decades now, Democrats have tried to find that safe happy moderate middle, while Republicans — flaks, representatives and presidents alike — have willfully and consistently pushed that center to the right. The president’s address, however magnificent and even moving at times, felt like another step in the same old vicious cycle. And at this crucial historical moment, I strongly believe it would be a better demonstration of “our American character” if we Dems — and this administration — showed the courage of our convictions in words and deed.

“Courageous” Friendly Fire.

“‘We have been saying all along that the most important part of this debate is not the public option, but rather ensuring choice and competition,’ an aide said. ‘There are lots of different ways to get there.‘” Granted it’s in Politico, which always needs to be taken with a grain of salt, but Team Obama is apparently floating another no-public-option trial balloon. “On health care, Obama’s willingness to forgo the public option is sure to anger his party’s liberal base. But some administration officials welcome a showdown with liberal lawmakers if they argue they would rather have no health care law than an incremental one. The confrontation would allow Obama to show he is willing to stare down his own party to get things done.

Hmmm. “Getting tough” with the Left (while having Democratic majorities in both Houses of Congress) to impress people on the Right who can’t stand you and want you to fail.That doesn’t sound like change we can believe in either, and it’s going to turn off the people who got this president elected in droves. I fear the Third Way/DLC careerist cadre in and around the administration are blowing a historic opportunity here.

Update: “It’s so important to get a deal,’ a White House official said, speaking on the condition of anonymity in order to be candid about strategy. ‘He will do almost anything it takes to get one.’” Sigh…I know I’m not a master tactician or anything, but, as with dropping single-payer right away, I would think telegraphing “we’re really really desperate” before coming to the table is not a very good negotiating strategy.

Last of the Lions.

“Yes, we are all Americans. This is what we do. We reach the moon. We scale the heights. I know it. I’ve seen it. I’ve lived it. And we can do it again. There is a new wave of change all around us, and if we set our compass true, we will reach our destination — not merely victory for our Party, but renewal for our nation.”one year ago today.


Senator Ted Kennedy, 1932-2009. From the Immigration Act of 1965 to the health care reform battles of 2009, few Senators in our history have had the influence and reach of Sen. Kennedy. He was the brother that lived, and — say what you will about his personal foibles (and the assholes on the right no doubt will revel in them) — he spent a lifetime engaged in the struggle to make America a kinder, fairer, stronger, and wiser place. The Senate has lost one of its last, great liberals, and we are all the poorer for it.

That being said, “[f]or all those whose cares have been our concern, the work goes on, the cause endures, the hope still lives, and the dream shall never die.”

The Messaging War.

“The narrative is simple: Insurance company plans have failed to care for our people. They profit from denying care. Americans care about one another. An American plan is both the moral and practical alternative to provide care for our people.

Cognitive scientist George Lakoff discusses how the administration should best promote health reform (and the American Plan, nee “public option”), and offers a choice critique of “policy speak” — the old progressive standby of “enlightening public opinion” — that would make Walter Lippmann very happy: “To many liberals, Policy Speak sounds like the high road: a rational, public discussion in the best tradition of liberal democracy. Convince the populace rationally on the objective policy merits. Give the facts and figures. Assume self-interest as the motivator of rational choice. Convince people by the logic of the policymakers that the policy is in their interest. But to a cognitive scientist or neuroscientist, this sounds nuts. The view of human reason and language behind Policy Speak is just false.

Lakoff aside, the good folks at Media Matters have compiled a useful list of “Myths and Falsehoods about Health Care Reform,” and how best to refute them. And, next time somebody starts ranting at you about how Big Guv’mint never does anything right, send ’em here with a smile.

The Penal Option.

“‘There are only two possibilities here,’ Mr. Webb said in introducing his bill, noting that America imprisons so many more people than other countries. ‘Either we have the most evil people on earth living in the United States, or we are doing something dramatically wrong in terms of how we approach the issue of criminal justice.‘”

In his latest column, the NYT’s Nicholas Kristof makes the case anew for comprehensive criminal justice reform. “[O]ver all, in a time of limited resources, we’re overinvesting in prisons and underinvesting in schools. Indeed, education spending may reduce the need for incarceration…Above all, it’s time for a rethink of our drug policy.” (Via Sententiae.)

Snake Oil Salesmen.

“The recent attacks by Republican leaders and their ideological fellow-travelers on the effort to reform the health-care system have been so misleading, so disingenuous, that they could only spring from a cynical effort to gain partisan political advantage. By poisoning the political well, they’ve given up any pretense of being the loyal opposition. They’ve become political terrorists, willing to say or do anything to prevent the country from reaching a consensus on one of its most serious domestic problems.

You know the GOP has gone too far when they start ticking off the business columnists: The WP’s Steve Pearlstein reads Republicans the riot act for their shameless lying on health care reform. (See also USA Today‘s attempt to set the record straight this morning, and Politifact’s evisceration of Sarah Palin’s bizarre “death panel” claim.)

I’m not going to get into all the current Democratic in-fighting over health insurance reform here (although I will say that I’m none too happy about this Billy Tauzin deal.) But, notwithstanding the Republicans’ recent penchant for astroturf (see also the 2000 Brooks Brothers riot and last April’s teabaggery), we already watched them road-test this reprehensible strategy — riling up scared, angry, and occasionally nutty people to alarm with hatred and patent untruths — last October. This is just more of the same, and I have every expectation it will backfire massively as it did then — hopefully before any serious violence breaks out.

Blue Sky Mining.

“One of the bill’s co-sponsors, Rep. Edward J. Markey (D-Mass.), said: ‘The American people wanted change in our energy and climate policy. And this is the change that the people are overwhelmingly asking for.’ He called it ‘the most important energy and environment bill in the history of our country.‘” After much wrangling and a half-hearted GOP attempt at filibuster (which is only a prerogative of the Senate), the House passes the Waxman-Markey climate bill, 219-212. (Eight Republicans voted for it, 44 Dems opposed.) The “cap-and-trade” bill “would establish national limits on greenhouse gases, create a complex trading system for emission permits and provide incentives to alter how individuals and corporations use energy.” [Key provisions.]

There is some concern that the bill has been watered down too much out of political necessity: “While the bill’s targets may seem dramatic, they are in fact less than what the science tells us is required to avoid catastrophic warming. The 2020 target in particular is far too weak and quite easy and cheap for the country to meet with efficiency, conservation, renewables and fuel-switching from coal to natural gas.

Still, environmentalists remain hopeful. “It is worth noting that the original Clean Air Act — first passed in 1963 — also didn’t do enough and was subsequently strengthened many times.” And, while the bill — which (sigh) gives away 85% of the new emission allowances (the heart of the “cap-and-trade” market hopefully soon to emerge) to interested parties — looks to “set off a lobbying feeding frenzy,” groups like the NRDC seem to agree that “[t]his is the best bill that can actually get through committee.”

Of course, now the bill has to get through the Senate, where the usual lions lie in wait. “”Senator Inhofe of Oklahoma said ‘It doesn’t matter,’ he declared flatly, ‘because we’ll kill it in the Senate anyway.'” And even some Dems are fatalistic about its prospects. “Mississippi Rep. Gene Taylor (D) voted against the measure that he says will die in the Senate. ‘A lot of people walked the plank on a bill that will never become law,’ Taylor told The Hill after the gavel came down.” Looks like Sen. Reid has his work cut out for him.

The Serpent on the Staff.

“As a society, we trust doctors to be more concerned with the pulse of their patients than the pulse of commerce. Yet the American Medical Association is using that trust to try to block a robust public insurance option as part of health reform. In fact the A.M.A. now represents only 19 percent of practicing physicians…Its membership has declined in part because of its embarrassing historical record: the A.M.A. supported segregation, opposed President Harry Truman’s plans for national health insurance, backed tobacco, denounced Medicare and opposed President Bill Clinton’s health reform plan.

And don’t forget Sheppard-Towner: In his column this week, Nicholas Kristof take aim at the powerful American Medical Association. “‘They’ve always been on the wrong side of things,’ Dr. Scheiner told me, speaking of the A.M.A. ‘They may be protecting their interests, but they’re not protecting the interests of the American public.‘”

Where’s Waldo (the Lobbyist)?

“When 22 senators started working over the first health care overhaul bill on June 17, the news cameras were pointed at them — except for NPR’s photographer, who turned his lens on the lobbyists. Whatever bill emerges from Congress will affect one-sixth of the economy, and stakeholders have mobilized. We’ve begun to identify some of the faces in the hearing room, and we want to keep the process going.” Clever, clever: Also on the health care front, an NPR photographer initiates a game of find-the-health-care-lobbyist. “Know someone in these photos? Let us know who that someone is.

Roberts et al, meet Sotomayor.

“I chose to be a lawyer and ultimately a judge because I find endless challenge in the complexities of the law. I firmly believe in the rule of law as the foundation for all of our basic rights…Mr. President, I greatly appreciate the honor you are giving me, and I look forward to working with the Senate in the confirmation process.” Hearkening back to the pragmatists once again — “For as Supreme Court Justice Oliver Wendell Holmes once said, the life of the law has not been logic, it has been experience” — President Obama chooses Judge Sonia Sotomayor as Souter’s replacement on the Court. [Wiki]

Naturally, conservatives are getting their opposition ducks in a row (with some help from Jeffrey Rosen’s recent dubious hit piece in TNR.) “But some Senate GOP officials privately conceded that, barring a major stumble, the judge will probably be confirmed with relative ease. ‘You don’t have to be a rocket scientist to figure out that we need to tread very carefully,’ said John Weaver, a Republican political consultant who advised Sen. John McCain (R-Ariz.) for years. ‘The only way we’ll find ourselves in a political predicament is if we don’t treat her with the same respect that other nominees received.’” Yeah, good luck with that.

In any case, early word on Judge Sotomayor is that she is very far from the liberal activist of right-wing nightmare, but rather a “highly capable technocrat,” and exactly the sort of hypercompetent and moderate — perhaps to a fault — pick one would expect from this president. “‘She’s a lawyer’s lawyer,’ said Paul Smith, a partner at Jenner & Block who participated in the call…She’s a cautious lawyer…who was a corporate lawyer herself…She reads statutes narrowly.