Missouri Governor Jay Nixon (D)
The executive branch of the State of Missouri shall ensure that all present and prospective employees are afforded equal opportunity at all levels and phases of employment within state government with respect to, but not limited to, hiring, recruiting, training, benefits, promotions, transfers, layoffs, demotions, terminations, rate of compensation, and recalls from layoffs. It shall be the responsibility of the State Office of Equal Employment Opportunity to monitor all departments of the executive branch of state government and assist them to ensure equal employment opportunity. The State of Missouri shall work to ensure that there will be no vestiges of discrimination against persons on account of race, color, religion, national origin, sex, ancestry, age, sexual orientation, veteran status, or disability; not only in employment practices but in the provision of services and the operation of facilities.
PROMO see the order as a big step forward for a state that became the first in the nation to ban same sex marriages in 2004 (that amendment “picked up 70 percent of the vote and was endorsed in every county but St. Louis city”), and believes that it signals the governor’s support for The Missouri Nondiscrimination Act (MONA), a measure that would extend anti-discrimination protections to public and private institutions.
But the governor’s spokesperson, Scott Holste, cautioned me against viewing this as a move in that direction. “The Governor believes that Missouri should work to ensure that there won’t be any vestiges of discrimination,” Holste said, but stressed that Nixon has not expressed support for a broader anti-discrimination measure that goes beyond the Executive branch. “That’s an issue that we will have to address at another time,” he said. Nixon’s order is the first of its kind in Missouri.
Yesterday, on Univision’s Sunday political show, Al Punto, host Maria Elena Salinas asked state Sen. Russell Pearce (R-AZ) and sponsor of SB-1070 about his immigration views and how they relate to his faith as a member of the Mormon Church. For much of the interview, Pearce refused to talk about religion and would not say whether the Church of Jesus Christ of Latter-day Saints should reject or denounce its undocumented immigrant members. However, Pearce rejected the Mormon Church’s teaching of compassion and helping those in need and stated that he would support sanctioning or criminalizing fellow Mormons who “deliberately” aid undocumented immigrants:
[Translated from Spanish]
PEARCE: We [Mormons] believe in the rule of law. Our church teaches the rule of law.SALINAS: But it also teaches compassion, no?
PEARCE: What compassion? What about child molesters? Should we have compassion for them? Should we have compassion for child molesters, burglars, rapists, and thieves? The laws have to be obeyed. There are consequences if you break the law. You don’t offer compassion for those who break the law. [...]
SALINAS: Should the Mormon church be criminalized or sanctioned for helping undocumented immigrants?
PEARCE: If they do it deliberately, treat them as you would treat any other person. I do not support law breakers.
SALINAS: Even if they are Mormons?
PEARCE: I don’t care what church they’re part of. Illegal is illegal. The law is the law.
Watch it [in Spanish]:
Pearce also insisted that undocumented immigrants make up a very small minority of the Mormon Church. While the actual number of undocumented Mormons isn’t really known, it is clear that Mormon Church doesn’t turn people away because of their immigration status. Meanwhile, the church’s international growth has been directly connected to its recruitment of Latinos at home and Latin Americans abroad. The Church of Jesus Christ of Latter-day Saints if often said to be the fastest growing religion in Latin America with 5.2 million members and 5,500 chapels. The number of Spanish-speaking Mormon congregations nationwide in the U.S. has grown by 90 percent in the past decade, up to more than 700. For the most part, these new members come from populations that abhor Arizona’s immigration law. Latin American governments have blasted SB-1070 as “racist” and an overwhelming majority of Latinos in the U.S. oppose it and believe it will lead to racial profiling.
Meanwhile, Latinos of Mormon faith are demanding answers from their church. More specifically, they are asking the Church of Jesus Christ of Latter-day Saints to take a position on the immigration issue. While other socially conservative denominations, including the Southern Baptists and Catholics, have come out strongly supporting a path to legalization for undocumented immigrants, the Mormon church has remained notably neutral. Mormon Latinos have responded by launching a letter-writing campaign to Latter Day Saints Church President Thomas S. Monson, asking him to define the church’s official position on immigration. “This is affecting our families,” Tony Yapias, who launched the campaign, stated. “Where’s the church in this? The longer they stay quiet, the more political it gets, the more divisive.”
The Mormon church has come under even more pressure in the wake of the disturbing release of the names of 1,300 suspected undocumented immigrants by citizen vigilantes in Utah. In response, the church released a statement simply calling for “careful reflection and civil discourse when addressing immigration issues.” While the Church of Jesus Christ of Latter-day Saints lags in defining a position, Pearce is becoming its default poster boy. The Arizona Republic reported that his association with SB-1070 has “tarnished the Mormon Church’s image among many Latinos.” And while he didn’t want to talk to Salinas about religion, he has said in the past that his anti-immigration efforts have been guided by the Mormon Church’s 13 Articles of Faith, which includes obeying the law.
While there is no evidence that the Mormon church has actively aided undocumented immigrants in need, other denominations, most famously the Methodist church, have provided assistance and refuge to undocumented immigrants who seek their help.
Rep. Lynn Woosley, sponsor of the new public option bill, arm wrestles with Stephen Colbert
Realistically, this chances of this public option bill passing this Congress, who is exhausted from the last public option fight and in full midterm mode, are slim. This hasn’t deflated Woolsey who said, “This will be there for the next Congress.” Whether or not this proposal goes anywhere legislatively, it reminds more progressive voters and members of the party that the public option has not been forgotten. States have already begun showing support for public run insurance systems, this support from the federal government can work to galvanize the effort.
Democrats in progressive districts want to use the bill to turn out the base in November, and that’s a good thing. The public option is one of the most popular and controversial elements of health care reform and if structured correctly from a policy perspective, it could actually go a long way towards lowering health care costs and injecting some competition into insurance markets. We should welcome this move, but we should also urge Democrats to go further and spend equal energy on ensuring that the existing parts of the law, particularly the exchanges within which the public option will operate, are well implemented. After all, various parts of the health industry are busy influencing the implementation process and Democrats in Congress should too.
HCAN issued a report just last week about how the insurance industry is already spending millions of dollars to water down the medical loss ratio regulations and other sectors are undoubtedly working to craft their own regulatory exemptions. There are several progressive-based implementation efforts underway, but with the exception of a few dedicated health care wonks — Sen. Jay Rockefeller (D-WV) among them — few Democrats have spent time publicly countering the well-orchestrated industry lobby or pressuring the HHS Secretary and the other relevant agencies to issue regulations in the consumers’ interest.
But this fight is just as essential as the public option and Democrats should be holding Congressional hearings, working closely with their state insurance departments and legislatures, and doing all they can to ensure that the bill is properly implemented. If they don’t, we know that the industry will determine the effectiveness of reform, and in many respects, the future of the party.
When it first came into office, the Obama administration said that one of its primary education goals is making the U.S. the country with the highest proportion of college graduates in the world by 2020. “In a global economy where the most valuable skill you can sell is your knowledge, a good education is no longer just a pathway to opportunity — it is a prerequisite,” Obama said.
But reaching that goal has only gotten harder in recent years, as America’s educational attainment has plummeted. According to a new report by the College Board, the U.S. is now 12th among OECD nations in the percentage of 25-34 year olds with a college degree:
Canada is number one in terms of attainment, with 56 percent of 24-35 year olds obtaining a college degree, compared to 40 percent of Americans. Two years ago, the latest data put the United States tenth. “The growing education deficit is no less a threat to our nation’s long-term well-being than the current fiscal crisis,” said Gaston Caperton, the president of the College Board.
To get a sense of how much has to be done to catch up, consider that “the U.S. would have to add 1 million college degrees per year through 2025, on top of the 2 million degrees already awarded annually, to reach 56 percent.” Part of the problem here is that the U.S. is also falling behind in terms of percentage of the population that even attends college. Just 35 percent of 18-24 year olds were enrolled in some form of higher education in 2008, according to the National Center on Public Policy and Education, compared to more than 50 percent of South Koreans.
In order to address this problem, policymakers will have to do many things, but one of the first is improving educational opportunities for minorities:
Part of the challenge in reaching the goal of 55 percent of young Americans with an associate degree or higher lies in erasing disparities in educational attainment for low-income students and underrepresented minorities. By eliminating the severity of disparities between underrepresented minorities and white Americans, it is estimated that more than half the degrees needed to meet the 55 percent goal would be produced.
The Lumina Foundation estimates that the American economy will face a shortage of 16 million college educated workers by 2025. As former President Bill Clinton said, falling educational attainment is a real problem and “we are headed into long-term economic decline if we don’t do something about it.”
Tony Hayward, the BP CEO who wanted his life back after the travails of the Deepwater Horizon disaster, will be replaced by managing director Robert Dudley on October 1. Hayward was excoriated for minimizing the disaster and complaining about the public outcry. Media reports on the expected transition emphasize that the little-known Dudley is an American from Mississippi, now in charge of BP’s Gulf Coast response. However, there is little reason to expect that the incoming BP CEO will change anything other than the accent. In his public appearances, Dudley has defended Tony Hayward, minimized the toxic threat, and greenwashed BP’s chaotic record:
Describing the dispersant Corexit, a combination of petroleum distillates, propylene glycol, and dioctyl sodium sulfosuccinate:
It is essentially like soap. It’s like dish soap. [PBS Newshour, May 19]
On Corexit, again:
It’s not far off of the toxicity levels of dish soap. [PBS Newshour, July 1]
Dismissing the threat of oil to the Gulf Coast:
We’re not seeing anything like what you see in Louisiana in any of the other states.
JUDY WOODRUFF: Yet, you’re saying?
ROBERT DUDLEY: I don’t think that’s going to happen, Judy. [PBS Newshour, May 25]
Blaming the blowout preventer for the disaster:
The failure of the blowout preventers, which is the ultimate multiple redundant fail-safe system, has not happened like this before. [CNN State of the Union, May 30]
On Tony Hayward:
I think he’s done a great job of leading a company to stand up and do the right thing. . . . I think Tony’s doing a fantastic job. [Meet the Press, May 30]
Why America needs to let BP keep making huge profits:
I think I would look at some of the process today as just making sure that through that sentiment we don’t actually shoot the dog who is trying to bring home the bone and meet its obligations all across the Gulf, and we are going to be there a long time. [Fox News, June 16]
Whatever Bob Dudley’s roots, he is now, like Tony Hayward, a millionaire living in England with the mission of converting oil into cash. Dudley will return to BP’s London headquarters to run the toxic oil giant, continuing its shareholder-focused gamble on extreme deepwater drilling and catastrophic pollution throughout the world, from Azerbaijan to Libya.
Arizona Gov. Jan Brewer (R)
Unfortunately that wouldn’t be the first time the state of Arizona cut vital services in an effort to balance the budget and then was forced to reverse course. Last September, in yet another effort to plug a spending hole, Brewer “eliminated health benefits to the spouses of domestic partners – gay or straight,” adversely affecting same-sex couples who “cannot marry in the state.” Now that too will be revered.
On Friday, a federal judge rejected the state’s claim that “the elimination of benefits will not harm the families of gay and lesbian employees because they may still be able to obtain insurance privately, through Medicaid or via the employers of the non-public employee partner.” From Lambda Legal, which sued the state on behalf of 10 state employee “who rely on health benefits from their employers to safeguard their families’ health“:
“Even assuming that is true,” Sedwick writes, citing a 9th Circuit Court ruling in Lambda Legal’s ongoing case In re Golinski, “the Ninth Circuit has recognized there is ‘an inherent inequality’ in allowing some employees to participate fully in the State’s health plan, while expecting other employees to rely on other sources, such as private insurance or Medicaid. ‘This back of the bus’ treatment relegates plaintiffs to a second-class status by imposing inferior workplace treatment on them, inflicting serious constitutional and dignitary harms that after-the-fact damages cannot adequately address.”
“This injunction removes the sword that’s been hanging over the heads of hundreds of state workers and their families,” said Tara Borelli, the Lambda Legal staff attorney who argued the case on June 28.
There is one other interesting point about all of this. The state’s effort to deny government-sponsored health care benefits to domestic partners coincided with its campaign to undo health care reform in the state. Arizona is both challenging the constitutionality of health care reform in court and hopes to eliminate the individual health insurance mandate through a ballot measure in November. Had the Judge not issued his injunction and these repeal measures were at all successful, gay couples in Arizona would actually have very few health care choices.
Three weeks ago Mitt Romney said hyperbolically that New START was Obama’s “worst foreign policy mistake.” After getting absolutely slammed, Romney is back today with a piece in the National Review that signifies a significant rhetorical retreat. Far from being the “worst mistake,” Romney now merely says there are eight problems and the “Senate should not ratify the treaty until they are resolved.” Romney’s climb down from his hyperbolic and factually flawed op-ed is notable.
Yet he still goes about reiterating the same false and disingenious arguments that have been made before by him and his friends at the Heritage Foundation. There is nothing new to see here. Based on how thoroughly Romney’s laundry list of eight problems have been rebutted and answered again and again, all this issues have in effect been “resolved” and the debate over the treaty specifics is essentially over.
And that in and of itself demonstrates that the claims of Senator Kyl that the Senate is “rushing” START through to be patently absurd. Every one of Mitt Romney’s points have been made and refuted countless times. I have the posts to prove it – on missile defense preamble, on the conversion of missile defense silos, on the bomber counter rule, on rail-mobile missiles, on tactical nuclear weapons, on telemetry, on MIRVing missiles, on verification, on prompt global strike. The debate over START has been exhausted. The facts are out, the Generals, the experts, the lab directors have all spoken in support of the treaty. Nothing new has been revealed, and nothing new is being said.
Since the debate over the specifics of the treaty has been exhausted. Two different approaches toward the treaty are being revealed on the conservative right.
The first is the rationale for the steadfast opposition to the treaty from Mitt Romney, the Heritage Foundation, and Senators Inhofe (R-OK) and DeMint (R-SC) is all about pure ideological extremism. It’s driven by ideology not facts. They simply are opposed to arms-control and view the Russians as out to get us. They don’t want to reduce nuclear arsenals, they want to buld and test new nuclear weapons. They don’t want cooperative relations with the Russians, they want to bury Russian nuclear power status by showing them we are nuclear superior. That is why they harp on the fact that we have to cut a few more weapons and launchers than the Russians as a huge weakness of the treaty. But really the only reason to care about who cuts slightly more is if you are still completely stuck in the Cold War. The fact is that if we were to expand our nuclear arsenal, the Russians would scrounge up the rubles to do the same. It is pointless and would kill off any efforts to deal with nuclear terrorism – something the right seems to totally not comprehend – and would needlessly waste billions on new useless nukes.
The second approach is more practical and is being pursued by nuclear neo-con ideologues like Senator Kyl who, realizing that opposing the treaty is really politically difficult given the overwhelming support for it, are now trying to slow the process down to extract greater concessions from the Administration. This “slow down” approach is a standard GOP obstructionist ploy in the Senate. To Kyl, the START debate isn’t really about START – he even called the treaty “benign” – it is about defeating or doing whatever he can to hamstring further arms-control efforts. Therefore Kyl is needlessly calling for a delay until the next budget cycle, claiming he needs proof that the money will be in the budget. In reality, he just wants to get next year because he thinks there will be more GOP Senators, thereby increasing his leverage.
In the end, even Fred Hiatt’s neoconservative Washington Post op-ed page today is advocating calling Kyl’s bluff and ratifying the treaty this year. The facts are out and the entire US military brass and almost every sensible foreign policy thinker is supportive of the treaty. Mitt Romney is clearly neither of those.
The U.S. Chamber of Commerce likes to portray itself as a defender of all businesses, big and small. During the debate over financial regulatory reform, the Chamber continually ginned up concern about the bill’s impact on small businesses, falsely claiming over and over that the new regulations would restrict credit for butchers and florists. The Chamber even flew in a host of small business owners to lobby lawmakers on the matter.
Today, meanwhile, the Chamber is hosting an event entitled “Behind the Curtain: The Health Care Law’s Impact on Small Business,” which the Chamber claims is aimed at “placing the spotlight directly on the entrepreneurs who will feel the financial and regulatory impact of the health care law – some of the people who constitute the nation’s real economic engine, who are the key to creating enterprise and lifting the U.S. out of the recession.”
But while it is content to use small businesses as a shield against legislation that it doesn’t like, the Chamber’s recent actions show that it isn’t really interested in helping those businesses get through the recession. After all, the Senate last week cleared a procedural hurdle towards passage of a bill providing $30 billion for small businesses lending. But as Bloomberg News noted, while the debate was going on, the Chamber was “mostly silent”:
Bruce Josten, the top lobbyist for the Chamber, Washington’s biggest business advocacy group, wrote lawmakers on July 23 saying it supports the underlying tax and Small Business Administration provisions. The letter doesn’t mention the $30 billion fund, and the Chamber doesn’t have a position on it, spokesman J.P. Fielder said in an e-mail. He declined to say why.
The lack of support coming from the Chamber has small businesses riled up. “Credit [for small businesses] is a terrible problem,” said Fred Knapp, president of the South Carolina Small Business Chamber of Commerce (which has no relation to the U.S. Chamber). “These groups are tied to big businesses. That’s all this is about.”
As James Verini pointed out in the Washington Monthly, far from being a defender of all businesses, the Chamber is “beholden to a cadre of multinationals whose interests are often inimical to those of small business. In 2008, a third of its revenues came from just nineteen companies.” Indeed, on everything from health care to regulatory reform, the Chamber took the position that favored huge corporations and kept small businesses at a competitive disadvantage relative to the big guys.
In another example, the Chamber is currently lobbying the Senate against Democratic plans to close tax loopholes that multinational corporations use to dodge the corporate income tax. Such tax evasion shifts the tax burden back onto small businesses and individuals who pay the full statutory tax rate, but the Chamber is siding with the tax dodging multinationals.
As my colleague Brad Johnson has documented, the Chamber’s Board of Directors is also “overwhelmingly Republican, having contributed six to one to conservative over liberal politicians.” And it’s telling that the Chamber refused to weigh in on the one piece of legislation currently before the Congress that could provide some aid to ailing small businesses, but which Republicans have been obstructing.
The New York Times reports on a pair of studies, one of which studies Supreme Court voting paterns since 1937, which find that the Roberts Court is the most conservative Supreme Court in recent history:
Four of the six most conservative justices of the 44 who have sat on the court since 1937 are serving now: Chief Justice Roberts and Justices Alito, Antonin Scalia and, most conservative of all, Clarence Thomas. (The other two were Chief Justices Burger and Rehnquist.) Justice Anthony M. Kennedy, the swing justice on the current court, is in the top 10.
The Roberts court is finding laws unconstitutional and reversing precedent — two measures of activism — no more often than earlier courts. But the ideological direction of the court’s activism has undergone a marked change toward conservative results. . . .
It is the ideological direction of the decisions that has changed. When the Rehnquist court struck down laws, it reached a liberal result more than 70 percent of the time. The Roberts court has tilted strongly in the opposite direction, reaching a conservative result 60 percent of the time.
The Rehnquist court overruled 45 precedents over 19 years. Sixty percent of those decisions reached a conservative result. The Roberts court overruled eight precedents in its first five years, a slightly lower annual rate. All but one reached a conservative result.
If anything, this data understates the Roberts Court’s rightward drift. Because the Supreme Court largely gets to choose which cases it wants to hear, a conservative Court will not simply move the law to the right by handing down conservative opinions, it will also do so by hand-selecting cases that achieve conservative results. In 2008-09 term, for example, the Supreme Court handed down five decisions cutting back environmental law. Such an event could not have occurred without the justices taking the unusual step of agreeing to hear five environmental cases in a single term.
Moreover, even though American now suffers under the most right-wing Supreme Court in seven decades, right-wing lawmakers are demanding a Court that is even more extreme. Conservatives repeatedly attacked Supreme Court nominee Elena Kagan for taking positions on health reform and the Second Amendment that are also embraced by ultraconservative Justice Antonin Scalia. And some senators even embraced a discredited “tenther” view of the Constitution that would declare child labor laws, the federal ban on whites only lunch counters and potentially even Social Security unconstitutional.
It remains to be seen how far the Roberts Court will go in embracing this deeply radical agenda. John Roberts has only been Chief for five years — and he could have many decades left to replace hard-fought laws with his own right-wing values.
Senate Majority Leader Harry Reid (D-NV) is telling The Hill that health care reform will improve the Democrats’ chances in November, pointing to polls which show that the more people are asked about repealing health care reform the less they like it:
“All the polls around the country, including Nevada, indicate that when people are presented with ‘Do you want to do away with giving 25,000 small businesses in Nevada a 3 percent discount on the healthcare?’ they all say no,” Reid explained in an interview with David Brody of the Christian Broadcasting Network. ” ‘Do you want to have Medicare extended for 19 years like we did it?’ They say yes. You don’t want to repeal that. ‘Do you want to open the doughnut hole again?’ They say no, so the more people know about healthcare, the better they like it.”
Reid is right to argue that Americans/small businesses don’t want the government to take away the tangible immediate benefits — checks to seniors in the doughnut hole, children on their parents’ coverage, tax credits — but I’m not so sure that they’re as confident in what’s coming in 2014. Republicans have caught on to this reality, taken credit for reform’s most popular and immediate provisions, and have moved on to shape the public’s perception towards the new reporting requirements and the exchanges, releasing reports that aim to discredit the new benefits before they’re even rolled out.
I suspect that businesses will be affected by reform in different ways. Behind the scenes, they’re already working with the relevant federal agencies to ensure that any new requirements don’t add unnecessary burdens. Nevertheless, the political debate isn’t about how best to implement reform for small businesses — it’s about whether we should have reform at all. As my colleague Lelsey Russell notes, that is an easier argument to win.
Today, she’s released a new report demonstrating what would happen to small businesses and their employees if reform was completely repealed:
- Small businesses will pay 55 percent more in health care costs for their workers over the next 10 years.
- 128,000 jobs that could have been saved will be lost over the next decade as health care costs continue to escalate.
- Small business employees will lose up to $309 billion in wages over the next 10 years as a consequence of health insurance’s increasing cost.
Projected benefits may not be as convincing as the tangible and immediate provisions, but so long as Republicans are painting the future in dark colors, it’s helpful to remind voters of the alternative. Read the full report HERE.
According to a spokesman quoted in today’s Wall Street Journal, Senate Majority Leader Harry Reid (D-NV) plans to address the scheduled expiration of the Bush tax cuts in September. The goal, which President Obama campaigned on, is to renew the cuts for the lower- and middle-class while allowing the cuts for the rich to expire.
Republicans, meanwhile, are throwing their full weight behind renewing the cuts for the rich, with many stating on the record that extending those cuts shouldn’t be paid for. (Extending the cuts for the wealthy is subject to pay-go rules, meaning that pay-go would have to be waived in order to pass the extension without paying for it.) In fact, Rep. Mike Pence (R-IN) said over the weekend that House Republicans will throw “everything we’ve got” into extending the tax cuts for the rich.
But just one day before promising to go to bat for the rich, Pence was excoriating the Obama administration about the deficit. “This year alone the deficit is projected to surpass last year’s record and soar to $1.47 trillion,” Pence said. “We cannot continue to postpone the hard choices and sacrifices that are necessary to stop this fiscal train wreck.”
Of course, Pence’s preferred outcome when it comes to tax cuts would add at least $678 billion to the deficit, while only benefiting the richest two percent of the country. Inclusive of debt-service costs, it’s closer to $800 billion. And Congress would have to waive the pay-go law that Democrats worked to put in place in order to do it.
This all combines to make Pence the epitome of a deficit peacock: scaremongering about the deficit to score political points, but fundamentally disinterested in taking the necessary steps to rein in the deficit. Allowing the tax cuts for the wealthy to lapse is a common sense first step in getting the long-term structural deficit under control (as the Bush tax cuts are one of its primary drivers), but Pence scoffs at the very idea.
As Treasury Secretary Tim Geithner said on Meet the Press yesterday, “I think it is fair and good policy to allow those tax cuts that only go to two to three percent of the highest earners in the country to expire as scheduled.” Geithner added that “we have to make sure we can continue to earn confidence around the world that we’re going to have the will as a country to bring these large inherited deficits down over time to a much more manageable level.”
Incidentally, in the same speech in which he proved his complete lack of concern about the deficit, Pence also tried to claim that Democrats favor allowing all of the Bush tax cuts to expire at the end of the year. Politifact rated his statement “false,” adding that it “verges on a scare tactic.”
All insurers are required to set aside a certain portion of premiums for future claims that have not yet occurred and/or not yet reported over the expected term of the policy. Back in April I wondered if insurers were shifting some of their earnings into reserves in order to inflate their medical loss ratios — which measures the percentage of premiums that are actually spent on medical care — and keep their reported profits artificially low (remember, they keep insisting that insurer profit makes up just 4% of national health care spending).
Well last week, Consumers Union released a report suggesting that at least some nonprofit insurers are “setting aside unnecessarily large surpluses even as some of them continue to raise premiums”:
The report released Thursday by the Consumers Union, the nonprofit publisher of Consumer Reports, found that seven of 10 Blue Cross Blue Shield affiliates examined had amassed surpluses that are more than three times the level regulators deemed necessary for them to remain solvent.
At the close of 2009, for instance, Blue Cross Blue Shield of Arizona had a surplus of $717 million, more than seven times the regulatory minimum. That same year, the company raised premiums for its individual market customers between 8.8 and 18.4 percent.
Similarly, Regence Blue Cross Blue Shield of Oregon had about 3.6 times the regulatory minimum surplus, yet it raised rates on some individual policies an average of 25.3 percent in April 2009 and 16 percent in April of this year, the study found.
As Ken Terry observes, “What all of this says is that insurers, whether for-profit or not-for-profit, will try to maximize their margins in any way they can. And when they’re sitting on a pile of cash, they’re going to invest it. It would be nice if they would rebate some of their surpluses to policyholders, as some auto insurance companies do. But, short of a federal mandate, that’s unlikely to happen.”
Insurers are required to report their reserves to state insurance commissioners, “who review them to gauge the financial soundness of each insurer.” It’s up to these commissioners to ensure that the issuer isn’t overstating reserves and understating its earnings. This report probably suggests that at least some commissioners are asleep at that wheel.
Welcome to The WonkLine, a daily 9:30 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. You can also follow The Wonk Room on Twitter.
Whistleblower website Wikileaks has posted more than 90,000 leaked military documents about the war in Afghanistan, revealing “unreported incidents of Afghan civilian killings and information about secret operations against Taliban leaders.”
The first Khmer Rouge commander to face a U.N.-backed tribunal — a prison chief known as Duch — “was sentenced to 35 years in prison on Monday for overseeing 14,000 deaths in the 1970s, but he’ll serve about half that.”
Yesterday, Iran’s Foreign Minister Manouchehr Mottaki indicated that the country “will be ready to hold negotiations with world powers on its nuclear program after the month of Ramadan ends in early September.”
“The legislative battle over the health care overhaul ended months ago, but it is hard to tell from the intense effort now under way by insurance companies to retool a critical provision.”
“House lawmakers moving legislation to lure physicians to medically underserved areas are hoping the politics of tort reform don’t sink their proposal — again.”
“The new healthcare reform law will shake up the health insurance industry, squeezing profits of smaller insurers while boosting fortunes of larger plans, and possibly leading to further market consolidation, according to a study by Weiss Ratings.”
The Immigration and Customs Enforcement agency expects it will deport approximately 400,000 people this fiscal year, nearly 10 percent more than the Bush administration deported in 2008.
Both Arizona and Mexico are preparing for the implementation of Arizona’s new immigration law, set to go into effect later this week.
Human Rights Watch and the ACLU reveals that “[t]housands of mentally disabled immigrants are entangled in deportation proceedings each year with little or no legal help, leaving them distraught, defenseless and detained.”
BP is firing CEO Tony Hayward, according to reports.
“About 40 BP-government teams are cataloguing seemingly everything touched by the oil” to determine BP’s liability, but though BP claims “we want to know exactly what the impact is,” their “duty to their shareholders is to make money.”
California Republican U.S. Senate candidate Carly Fiorina “has obtained about $63,000 in donations this year from Appalachian coal-mining interests,” much of the money from an outspoken Ohio mine owner who dismisses global warming as “hysterical global goofiness.”
The Financial Crisis Inquiry Commission has threatened to bring in accountants to comb through Goldman Sach’s books for data on its derivatives business, while new documents show that Goldman “depended on banks including Citigroup Inc. and Lehman Brothers Holdings Inc. for protection against a failure of American International Group.”
A new survey shows that “even as the economy began to collapse in 2008, most states found a way to protect from cuts the grant aid they give state residents to attend college.”
D.C. Schools Chancellor Michelle Rhee announced that “she has fired 241 teachers, including 165 who received poor appraisals under a new evaluation system.”
This week, the Joint Committee on Taxation released a report looking at six different U.S. companies — identified simply as Alpha, Bravo, Charlie, Delta, Echo and Foxtrot — and the ways in which they take advantage of the loophole-ridden U.S. tax code to evade the corporate income tax. The six companies “reported effective tax rates at least 10 percentage points lower than the U.S. statutory rate for a period of years.”
One company in particular, which was labeled “Delta” in the report, makes about half of its income in the United States, but counts far less as subject to U.S. taxes. “Approximately 45 to 55 percent of Delta’s revenue is from U.S. operations, but an average of only 10 percent of its earnings before income taxes are reported as U.S. earnings,” the report shows.
Some House Democrats, as well as the Obama administration, have attempted for the last two years to crack down on this sort of reclassification of income for the purpose of tax dodging. Multinationals “shift the burden of paying for our national security and homeland security and other public services to small businesses and family taxpayers, who play by the rules and do not engage in these shenanigans,” said Rep. Lloyd Doggett (D-TX).
Rep. David Camp (R-MI), however, justified the tax dodging, saying that if the U.S. just cut its corporate tax rate, such evasion wouldn’t happen:
[Camp] criticized the pamphlet for focusing on what the authors acknowledged did not attempt to be a representative sample of companies. He said the U.S. statutory corporate income rate of 35 percent, now the world’s second highest, “puts pressure” on companies to shift income.
First, Camp is characterizing the U.S. corporate tax rate as the world’s second-highest, which, while true on paper, does not account for the myriad credits, deductions, and straight-up loopholes that are available for corporations to lower their tax rate. Despite having a higher rate than many developed countries, the U.S. raises far less in corporate revenue. In fact, “the U.S. Office of Management and Budget estimates corporate tax receipts will account for just 7.2% of federal revenues in 2010, with large corporations contributing less than one-sixth as much as small business and individual taxpayers to the Federal Treasury.”
But furthermore, Camp is entirely dismissing huge multinationals dodging taxes, which shifts the tax burden onto individuals and businesses that don’t engage in such avoidance, and who ultimately have to pay more to make up for the lost revenue. Annually, individual and corporate tax evasion results in a $100 billion burden being dumped back onto those who pay the full statutory rate.
There can be a legitimate debate over whether the statutory rate is too high, but enforcing payment of the rate that is on the books shouldn’t be controversial. To that end, Doggett has introduced the International Tax Competitive Act of 2010, which “would treat a company as a U.S. company for tax purposes if its management and officers with day-to- day control are located in the U.S., even if its paper incorporation is offshore.”
Our guest blogger is Sam Fulwood III, a Senior Fellow with the Center for American Progress Action Fund.
Maybe Sen. James Webb, the Democratic senator from Virginia, didn’t understand that what he was saying in a bizarre and unfortunate opinion article published in Friday’s Wall Street Journal made him sound like a mossback from the last century. I’m being charitable because surely the Democratic senator from Virginia didn’t mean to sound as bigoted as the article makes him seem. No, surely he wasn’t arguing that white Americans suffer from federal policies that favor everyone but themselves.
“Those who came to this country in recent decades from Asia, Latin America and Africa did not suffer discrimination from our government, and in fact have frequently been the beneficiaries of special government programs,” Webb wrote, arguing for a retreat from those unspecified federal programs. “The same cannot be said of many hard-working white Americans, including those whose roots in America go back more than 200 years.”
Beyond being grossly ignorant about the current effects of what he calls “present-day diversity programs,” Webb is engaging in reckless racial inversion. While he carefully exculpates black Americans, whom he describes as “still in need,” Webb makes a scurrilous case that white Americans – southerners and Baptists, in particular – are being harmed by nonwhite groups who receive “special consideration in a wide variety of areas including business startups, academic admissions, job promotions and lucrative government contracts.” His solution is a call for white people to unite and end “government directed diversity programs.”
Clearly, Webb is unaware that affirmative actions programs have been effectively dismantled by the Supreme Court. But worse, he’s oblivious to the fact that his screed treads dangerously close to the discredited divide-and-conqueror tactics of the Southern strategy. In this new formation, Webb pits the sweeping and swelling segments of America’s immigrant population against native-born Americans with the aim of rallying the nation’s “white cultures.”
If he thinks this is a necessary step toward racial healing, especially after the week the nation’s just had, then he’s even more misguided than his article reveals. Somebody, perhaps one of his congressional colleagues, needs to tell Sen.Webb to get his head out of the last, sad epoch of covert racist talk and join the rest of America in the 21st century.
Earlier this week, eleven nations joined a strongly worded declaration protesting Arizona’s draconian new immigration law:
According to the declaration, these 11 countries consider the law to be “racist, xenophobic and anti-immigration of any kind”. Besides these considerations, the declaration recognizes the efforts of Barack Obama and his “personal compromise to push forward a comprehensive immigration reform.”
Apart from Chile, the countries that signed were Mexico, Uruguay, Ecuador, Guatemala, Cuba, Turkey, Panama, Bolivia, Micronesia and Senegal. The president of the Parliamentary Assembly in Europe and Mevlüt Covusoglu, from Turkey, also signed.
And this declaration is but the latest sign of the international community’s disdain for Arizona’s anti-immigrant policy. Mexico recently filed a brief supporting the Obama Administration’s challenge against SB1070, and Mexican President Felipe Calderón slammed the law in an address to the US Congress.
None of this opposition should come as a surprise, however. Indeed the Supreme Court predicted it almost 70 years ago.
In a case called Hines v. Davidowitz, the Supreme Court struck down a Pennsylvania law requiring “every alien 18 years or over” to register annually with the state. As the Court explained, state laws which intrude on immigration policy can have grave consequences for US foreign policy:
One of the most important and delicate of all international relationships, recognized immemorially as a responsibility of government, has to do with the protection of the just rights of a country’s own nationals when those nationals are in another country. Experience has shown that international controversies of the gravest moment, sometimes even leading to war, may arise from real or imagined wrongs to another’s subjects inflicted, or permitted, by a government.
As Hines establishes, “the supremacy of the national power in the general field of foreign affairs, including power over immigration, naturalization and deportation, is made clear by the Constitution.” This is because the decision of a single rogue state to engage in abusive behavior towards immigrants reflects upon the United States as a whole. Thus, the Constitution gives the national government sole authority over immigration policy because Americans who live in the other 49 states should not be forced to pay for one state’s bad decision.
Arizona’s SB1070 is no different than the Pennsylvania law struck down in Hines. Just as Pennsylvania could not be allowed to define our foreign relations in 1941, Arizona also cannot be allowed to shape US diplomacy in 2010. Americans elected Barack Obama to drive our foreign policy, we did not elect Jan Brewer.
As Washington, D.C. wilts in the global heat wave gripping the planet, the Democratic leadership in the Senate has abandoned the effort to cap global warming pollution for the foreseeable future, unwilling to test a Republican filibuster. Instead of testing the hypocrisy of climate peacocks, Senate Majority Leader Harry Reid (D-NV) will instead attempt to pass a limited bill with new energy incentives and oil reduction policies next week. The decision was formally made at a meeting of the Senate Democratic caucus today. After the meeting, Sen. John Kerry (D-MA), whose efforts to craft comprehensive climate legislation had foundered, focused on the challenge of overcoming a filibuster:
But we’ve always known from day one, that in order to pass comprehensive energy/climate legislation, you’ve got to reach 60 votes, and to reach those 60 votes, you’ve got have some Republicans. And as we stand here today, we do not have one Republican. I think that it’s possible to get there.
Although the top legislative body in the United States of America is yet again failing to defend our nation, the existential threat of global warming continues to worsen, and the coal and oil companies responsible for the pollution continue to reap profits from their rape of the earth. It is the ninth day of the latest 90-plus heat wave to hit Washington DC, part of the global heat wave caused by greenhouse gas pollution. Former vice president Al Gore responded to today’s announcement with a cold reminder of the actual realities the Senate is unable to face:
The need to solve the climate crisis and transition to clean energy has never been more clear. The oil is still washing up on the shores of the Gulf Coast and we’ve just experienced the hottest six months on record. Our troops are fighting and dying in the Middle East and our economy is still struggling to produce jobs. I continue to urge the President to provide leadership on this issue and urge the Senate to make this issue a priority for the remainder of this Congress. Ultimately — and sooner rather than later–these issues simply must be dealt with. Our national security, our economic recovery and the future of the United States of America — and indeed the future of human civilization on this Earth — depends on our country taking leadership. And that, in turn, depends on the United States Senate acting. The truth about the climate crisis—inconvenient as ever—must be faced.
The Senate Republican leadership is responsible for the Senate's inability to reduce global warming pollution. To help their big oil and big coal allies, they bullied many of their senators to avoid talks over a program that would create jobs, reduce oil use, and slash pollution. Due to Republican leaders inaction, China will continue to expand its clean energy industry and jobs, we will spend $1 billion each day on foreign oil, and power plants will spew billions of tons of pollution.It is up to the Obama administration to promptly comply with the Supreme Court by using EPA's authority to reduce global warming pollution. The White House must also launch a vigorous defense of that authority in the face of attacks from big oil, big coal, and their congressional allies.
The United States must reduce oil use. The president has taken important steps to do this with the first improvement in fuel economy standards in 20 years. He should continue this process, as well as use all existing tools to speed the development and deployment of electric cars and natural gas trucks.
It is unfortunate that the Republican leaders could stymie action during the hottest month of the hottest year following the hottest decade on record. They are spending too much time in air conditioned special interest fundraisers and not enough outside talking to Americans who want jobs, security, and health protection.
We are pleased that HOMESTAR and natural gas trucks will be part of the oil disaster response bill. Both policies will create jobs and reduce oil use.
Sens. Harry Reid (D-NV), John Kerry (D-MA), and Joe Lieberman (I-CT) have labored mightily to overcome GOP obstruction. They each deserve credit for devising proposals that create jobs, cut oil use, and slash pollution while protecting families' wallets.
Sens. Reid and Kerry made it official today – the mostly dead climate bill is now extinct. It has passed on! It is is no more! It has ceased to be! It’s expired and gone to meet ‘is maker! ‘E’s a stiff! Bereft of life, ‘e rests in peace! If you hadn’t nailed ‘im to the perch ‘e’d be pushing up the daisies! ‘Is metabolic processes are now ‘istory! ‘E’s off the twig! ‘E’s kicked the bucket, ‘e’s shuffled off ‘is mortal coil, run down the curtain and joined the bleedin’ choir invisibile!! THIS IS AN EX-CLIMATE BILL!!
Earlier this month, Sen. Evan Bayh (D-IN) said that he agreed with Rep. Eric Cantor’s (R-VA) assertion that all of the Bush tax cuts should be extended, even those for the richest two percent of Americans. The Obama administration has proposed retaining the cuts for the lower- and middle-class while allowing those for the rich to expire on schedule at the end of the year.
Yesterday, Sen. Kent Conrad (D-ND), the chairman of the Senate Budget Committee, called for a temporary extension of all the cuts, including those for the wealthy, adding that “he thinks waiving so-called pay-go rules to extend the upper income rates should be considered”:
“Pay-go is not just a line in the sand,” he said. “There is a reason that you have a pay-go waiver, which requires 60 votes.”
Today, Conrad clarified that he is by no means endorsing the Republican line on a deficit-financed permanent extension of all the Bush tax cuts, saying that “the Republicans’ proposal to me is a formula for the decline of the United States.” His position is that the tax cuts for the rich should only be extended for 18-24 months, “until the recovery is on more solid ground.”
While Conrad’s position is far more nuanced than that of the Republicans, extending the Bush tax cuts is still one of the least stimulative steps that policymakers can take to boost the economy, generating just 29 cents of economic activity for every dollar spent (since the benefits overwhelmingly go to the wealthy, who are far more likely to save a dollar received than is someone from the lower- or middle-class). Extending all of the cuts for two years would cost $558 billion, including debt service costs, according to the Pew Fiscal Analysis Initiative.
Today, when asked if Democratic leaders are willing to consider extending all of the Bush tax cuts, Speaker of the House Nancy Pelosi (D-CA) said, “No. Our position has been that we support middle-income tax cuts.” Treasury Secretary Timothy Geithner also reiterated the administration’s position today:
Mr. Geithner said there is “still some uncertainty about how strong the recovery is going to be,” which may be impacting spending decisions by businesses and individuals. But he discounted that as a reason to extend the Bush-era tax cuts for top earners, saying most private forecasts show moderate economic growth and increasing public confidence in the recovery.
Yesterday, Sen. Ben Nelson (D-NE) “said through a spokesman that he also supported extending all the expiring tax cuts for now, adding that he wanted to offset the impact on federal deficits as much as possible.”
Sen. Chuck Grassley (R-IA), who is expected to become the Senate Judiciary Committee’s lead Republican next year, explained yesterday that his vote against Supreme Court nominee Elena Kagan signals his desire to engage in even more obstruction of President Obama’s nominees:
He also said he would maintain a more partisan profile toward judicial nominees as the Republican leader of the Senate Judiciary Committee if he is re-elected in November. . . .
There has been pressure from voters to step back from bipartisanship, he said.
“Then the people at the grass roots of America see that and wonder how come Republicans are going to do it the way it’s always been done for 225 years but the Democrats aren’t,” Grassley said.
To a certain extent, it’s a good thing that Grassley is being so honest about his intentions. Last year, Grassley pretended to negotiate with Senate Finance Committee Chair Max Baucus (D-MT) for months over the Affordable Care Act, even though Grassley was only doing so to delay the bill. Hopefully, his admission that he plans to play a highly partisan role on the Judicary Committee will keep other senators from engaging in sham negotiations with Grassley in the future.
But Grassley is not telling the truth when he claims that Democrats engaged in unusual opposition to President Bush’s nominees — or that GOP obstructionism is anything new. Indeed, during the Clinton and Bush II Administrations, GOP senators repeatedly manipulated the Senate rules to ensure that only right-wing judges could be confirmed. The late Sen. Jesse Helms (R-NC) went so far as to block every single Clinton nominee from North Carolina.
Moreover, it’s not exactly clear how Grassley could be more obstructionist than he and his right-wing colleagues are already being. Because the Senate rules require the Majority Leader to spend limited floor time to confirm a nominee if just one senator threatens to filibuster, Republicans have objected to nearly all of Obama’s nominees in an effort to run out the Senate’s clock. None of these filibusters are rooted in serious objections to the nominees, as evidenced by the fact that many of Obama’s judges were confirmed unanimously after the filibuster against them was broken.
In other words, Grassley’s announcement can be summed up in nine words: “meet the new boss, same as the old boss.” At least Grassley’s decided to be honest about the fact that he doesn’t negotiate in good faith.
Our guest blogger is Emma Sandoe, a Health Care Researcher at the Center for American Progress.
Just when you thought the last nail had been driven in the public option coffin months ago, like a phoenix rising from the ashes, the public option has once again returned to Congress. As Noam Levey reported last night, “[c]reating a major government health insurance program was roundly rejected last year, but 128 House Democrats are pushing to reconsider the idea, contending that it would hold down federal spending.” The legislation, HR 5808, is sponsored by Rep. Lynn Woolsey (D-CA) and the 128 cosigners are largely progressive caucus members and include all three chairmen of the committees of jurisdiction, Ways and Means, Energy and Commerce, and Education and Labor.
The Congressional Budget Office (CBO) scored the legislation and noted some promising findings. The public plan, in this form, has always been a deficit reducer and this is no exception. CBO found the proposal would reduce the deficit by $68 billion from 2014 to 2020. Despite likely lower reimbursements than private plans, CBO found providers would likely participate in large numbers because of the number of enrollees. CBO estimates the average public plan premium would be 5 to 7 percent lower than other private plans available within the exchange, making it more affordable to individuals. They also estimate approximately 13 million or one in every three individuals eligible for exchange coverage would chose the public option.
The legislation looks very similar to the original House public option that passed the Ways and Means and Education Labor committees. It is important to remember the public option that passed the full House of Representatives in November of last year looked very different from this initial version. Both the original House bill and the new legislation would create an option for a public plan within the health insurance exchanges beginning in 2014. Providers would be paid Medicare rates plus 5 percent in the initial years. The providers will not be required to accept Medicare to enroll in the program.
Realistically, this chances of this public option bill passing this Congress, who is exhausted from the last public option fight and in full midterm mode, are slim. This hasn’t deflated Woolsey who said, “This will be there for the next Congress.” Whether or not this proposal goes anywhere legislatively, it reminds more progressive voters and members of the party that the public option has not been forgotten. States have already begun showing support for public run insurance systems, this support from the federal government can work to galvanize the effort.
In comparison to the original House version of the public option, as CBO notes, some of the savings are not as large. This is primarily due to the fact, “that total federal subsidies for exchange participants will be substantially smaller under PPACA than they would have been under the legislation that was considered in the House.” In other words, because we aren’t spending as much as we were with the original House bill, we can’t save as much.
In comparison to a very early Senate public plan option, this public plan would cover more individuals and premiums would be cheaper for individuals. Providers would likely see lower rates which would make them not favor this plan. A public plan with payments linked to Medicare was never an option for this Senate.
A summary table comparing the three public option proposals is below.
Initial House Proposal HR 3200, Summer 2009 (later became a negotiated rate system) | Early Senate Proposal for HR 3590, November 2009 (public option later dropped) | Woolsey HR 5808, July 2010 | |
Deficit Reduction
|
Not separately scored – unofficial estimates had a savings of $110 billion | $3 billion 2014-2019 | $68 billion 2014-2020 |
Premiums | 10 percent cheaper than private plans in the exchange | More expensive than private plans in the exchange | 5-7 percent cheaper than private plansin the exchange |
Estimated number of individuals enrolling | 9-10 million | 3-4 million | 13 million |
Payment | Medicare rates with +5% bonus in first three years for physicians enrolled in Medicare | Negotiated rates with providers | Medicare +5% bonus for first three years |
Sexy Fact | The public plan can negotiate drug prices from the start. Provider participation is voluntary. | Healthier enrollees, states could opt out of the plan, start up costs must be repaid. | State based exchanges with a federal Medicare linked payment system. |