Category Archives: General

Long Slow Burn – GruberGate as a Microcosm

GRRRRRR

We, here, at The Liberty Papers do not generally share our correspondence, but the big issues of the day are, in fact, talked about at length in our site’s Google Group as we coordinate what we’ll be talking about at this lovely blog. Without being specific or quoting anyone directly, I would like to put forward what the group reaction was to the so-called ‘GruberGate’ scandal. In a word:

‘Meh’

If you’ve been living under a rock or watching nothing but MSNBC (same difference, really), I’ll give you a quick summary of what GruberGate entails. For six years, conservatives have blasted away at the Affordable Care Act (hereafter, the ACA). For six years, we’ve been talking about how the promises made by people trying to get it passed were impossible to keep, how the bill would raise the deficit, make healthcare more expensive and less stable, drive away doctors, narrow your networks of providers – basically the exact opposite of every claim put forward by Democrats between 2008 and 2012. The media uncritically reported White House talking points for most of that time, doing absolutely zero digging and finding no evidence of problems with the law as a result.

Then some guy who’d lost his insurance after being promised that that wouldn’t happen and decided to do some actually investigating. Within a day of beginning his search, he found video footage of one of the ACA’s chief architects, Jonathan Gruber, candidly discussing the ACA with his peers in Academia in which he said THIS (follow the links to see the videos), THIS, and THIS.

Many things have been said about GruberGate, and I won’t rehash them here. The response to this story by many libertarians (not just those of us writing here) has been a collective “well duh!” We have, after all, been talking about everything that Gruber willingly admits in his various talks on the ACA – that it’s a pack of lies intended to fool the American taxpayer by fooling the Congressional Budget Office, that it amounts to a giant national experiment and the architects have no clue what it’ll do, that expanded coverage can’t happen without raising revenue to pay for it, and that the archetype (RomneyCare) was already a failure, being propped up by federal dollars all along. We knew all of that. The insults he lobs at the American voters aren’t entirely unfounded either. Many Americans, like it or not, vote without any idea of what they’re supporting. So why should we get up in arms over it.

After arguing rather cantankerously with my fellow bloggers here, trying to explain why this story enraged me so, it dawned on me what was really going on in my head. I may come to self-awareness later than I should on occasion, but I generally get there if I think on it long enough. This whole story – the story of the Affordable Care Act from conception, to birth, to signing, to repeal efforts to angry Americans who feel lied to and voting R to prove something to the left to the GruberGate controversy…it is a microcosm of everything I’ve been battling for years.

When the ACA was first being discussed, the conservative reaction was a combination of people like those in my family, who were horrified by the likely outcome of such a bill and who relied heavily on health insurance to make their various medical problems affordable to treat, but who reacted by studying the proposal and attempting to logically argue as to why it was a very bad bill indeed…and people screaming at town hall meetings because they just instinctively feared such a big, sweeping change. It’s human to fear change, and in this case their fears were justified, but instead of focusing on doing the work of exposing the lies in the ACA, most of conservatism was consumed with death panels and doomsday imagery of Uncle Sam examining a woman’s lady parts (yes, that was a real conservative ad).

Now I’m not saying I think the IPAB is good for “end of life” care…it’s not. But ‘death panel’ rhetoric sounds literally insane to your typical low-information swing voter who might be swayed by bringing a convincing argument to the debate. And, of all of the conservative reactions to the ACA, which ones do you suppose were primarily covered by the media, by ACA advocates and in the political discussion on Capital Hill – the reasoned arguments as to why the ACA would fail and make things worse, or the fear-mongering?

But guess what – that made someone like me who worked hard to understand the problems with the ACA into a looney tune screaming about death panels when I voiced my opposition to the law before any leftist. They accused me of being a liar. They accused me fearing change. They accused me of not caring about the poor and the uninsured. And they had the support of, once again, an uncritical, unserious mainstream media telling them any concerns about the ACA raising costs, impairing the system, causing doctor shortages or narrow networks, etc. were just crazy conservative fear mongering. Our detached, empirical expert, Jon Gruber, says so – read the study.

When the truth came out – when it turned out that Jon Gruber believed everything I did about the ACA except the part about those results being bad for healthcare…when he gleefully admitted that RomneyCare was a failure economically, that the ACA had nothing to do with making healthcare affordable, and that he and his colleagues had no clue how to bend the cost curve down – and then had the audacity to call us stupid for believing him, I would have been satisfied. I wouldn’t have been angry for long – it would have brought some semblance of peace to be vindicated in the fight. Except that the reaction of the left was to lie even more, minimize Gruber’s roll in crafting the bill, and then…call conservatives fear mongers again for reacting to this story with anger and for losing trust in government to solve problems like these.

This is inherently the entire problem I have with the left – every time their bad ideas don’t work and people realize it, they find the loonies in the conservative ranks and make those guys their opposition, and when you try to bring reason to the party, they accuse you of just being one of the loonies. And when you turn out to be RIGHT…oh well whatever nevermind. That fight never mattered anyway – on to the next fight.

Until conservatives are willing to call liberals (and other conservatives) out for not fighting fairly, for distorting the history of the argument, for scanning through the crowd for the easiest person to attack, for straw men and lies, for parliamentary tricks and poor research, and for their ugly assumptions about the American people, we will always lose the argument. Always. And that…is what is truly terrifying me into anger. We were right. All along, conservatives were right about the ACA and the insincere, cynical motives of its creators. We were right, they were wrong, and somehow, we still lost the argument. And it’ll happen again and again until we get angry enough to turn the tables on them – to call them out on their unfair tactics and their bad science and their twisted, utilitarian assumptions.

We’re about to have the same fight on immigration. Learn to recognize their tactics and fight back, or there will come a day when you remember how right you were about the negative consequences of an open border, and how little it mattered that you were right.

That Really Grinds My Gears

grindmygears

You know what really grinds my gears? Partisan hacks who attack members of the other party based on nonsensical and silly things that really do not matter in the grand scheme of things. Both Republicans and Democrats are guilty of this. The most recent example of partisan stupidity came when President Obama wore a traditional Chinese outfit to the 2014 Asia-Pacific Economic Cooperation (APEC) Summit, which was hosted by China. President Obama wasn’t the only attendee to dress like this. All of the participants wore the same outfit. In fact, the APEC Summit has a longstanding tradition of attendees wearing traditional clothing that represents the host country. In case you missed it, here is the outfit from this year’s APEC Summit:

obama-xi-purple

To Americans, the outfit may look a little silly. Does it look  little like something Dr. Evil would wear? Maybe. Does it look like something out of Star Trek? Yes. It’s okay to point these things out and get a little laugh. I have seen people joke that President Obama is missing his communicator pin. Others have said that the participants in the group photo look like they are about to be beamed up. Heck, the other day I made a comment that “at least they didn’t give him the red shirt.” Anyone who is a Star Trek fan will get the reference that those who wore the red shirts were the ones to get killed off. Statements like these are all in good fun.

However, I have to draw the line at people who attacked the president and his character based on the outfit. Here are a few examples of attacks that I have seen throughout my Facebook and Twitter feeds over the past few days:

  • He looks like a Communist dictator.
  • How un-American!
  • What a disgrace! I can’t believe that he would wear something like this and on Veteran’s Day no less!
  • Obama is a disgrace to our troops.
  • Ronald Reagan never would have worn something like this.
  • Ted Cruz would never wear something like this.
  • No real American would ever wear something like this.

Seriously? Do we have nothing better on which to attack the president other than his outfit? I even saw one post to someone referring to his outfit as “Kenyan.” Kenya? As mentioned before, it is tradition for participants to wear the cultural outfits of the host nation. So is this any less American?:

kerry-bali-dancer_2695290c

How about this one? Is this un-American?

Bush APEC

Does this one embarrass the troops?

APEC Bush

The fact is that there are a lot of issues on which we can attack President Obama. There are much more important issues such as the looming national debt, net neutrality, Common Core, immigration reform, the escalation of troops in the Middle East, the handling of the economy, Obamacare, etc., etc., etc. So let’s focus on the policy debate and leave the silly personal attacks behind. We may be able to accomplish more. And that, folks, is what really grinds my gears.

Just in good fun, I leave you with this picture of Ronald Reagan wearing a poncho and sombrero:

Reagan sombrero

Albert holds a J.D. from Barry University School of Law as well as an MBA and BA in Political Science from The University of Central Florida. He is a conservative libertarian and his interests include judicial politics, criminal procedure, and elections. He has one son, named Albert, and a black lab puppy, named Lincoln. In his spare time, he plays and coaches soccer.

11th hour, of the 11th day, of the 11th month

 

poppy2

 

It is now the 11th hour, of the 11th day, of the 11th month, at Compiegne…

In the United States, today is Veterans Day

In America, Memorial Day is for the dead, and Veterans Day is for the living. As such, first I wish to give thanks.

I thank all of you, still serving to defend our country, those of our friends and allies, and those who, wherever they serve, are fighting to preserve freedom, liberty, justice, and humanity.

May god bless you and keep you.

I thank all of my brothers and sisters who have served in the past; for the risks you have taken, and the sacrifices you have made.

To the rest of the world, today is Remembrance Day, sometimes known as Armistice day, or poppy day; commemorating the moment that the first great war of the last century was ended; in the eleventh hour, of the eleventh day, of the eleventh month of the year of our lord nineteen hundred and eighteen.

96 years gone, and still every year we mark this day.

Why is it called poppy day?

Britain, France, Belgium, Canada, Australia, Russia… and on the other side Germany, Austria, Bulgaria, Hungary (and the remains of the holy roman empire), Turkey (and the other ottomans)… an entire generation of young men in Europe were lost to the most futile, worst run war, in modern history.

In four years, 18 million men died (or went missing, which is mostly the same thing), and 22 million men were wounded.

In fact, Europe has never recovered from this greatest of historical mistakes. It was the direct aftermath of world war one that lead to world war two; the combination of which largely created the postmodern European culture that is slowly being destroyed from without and within by self hatred, depression, defeatism, socialism, islamist theofascism, and reactionary nationalism.

But I digress… I was talking about why it is called poppy day.

Flanders is a region of Belgium, where (along with Wallonia and northern France) the fighting in the great war was at it’s bloodiest. The worst battles of the war were at Ypres, the Marne, the Somme, and Verdun.

At the Somme alone, the British lost 20,000 dead in one single day; and the allied forces (mostly British) lost 120,000 dead, and over 375,000 wounded total; with 100,000 dead and 350,000 wounded on the German side.

The battle lasted from July 1st , til November 18th, 1916. Almost five solid months of the most brutal trench warfare ever seen; and nothing to show for it but blood, and mud.

Perhaps 200,000 total dead at the Marne (1st and 2nd), perhaps 50,000 at Ypres, Perhaps 300,000 total dead at Verdun… (10 months, and the bloodiest battle of the war, though the Somme had the bloodiest day); and nothing to show for it but blood and mud.

There was an amazing thing though… That blood, and that mud… it became magnificently fertile soil; and soon after the fighting ended, all over these horrific battlefields, poppies began to bloom.

In the first great war, as had been tradition for most of western history, those killed in battle were buried in the fields where they fell. Their memorials were raised on or close by those battlefields; a tribute to those who fought and died, and a reminder to those who did not.

In 1918, there, in Flanders, and Wallonia, and France; there lay an entire generation of men. Millions upon millions of white crosses, millions upon millions of unmarked graves in farmers fields; surrounded by millions upon millions of poppies.

A symbol of life, of blood, of the fight for liberty and freedom. The poppies among the dead were taken up; first by the French and the Belgians, then the Canadians and British and Americans.

Today, the poppy is a symbol of remembrance, expressed best perhaps by this poem:

 

In Flanders Fields
–Lt. Col. John McCrae, M.D. RCA (1872-1918)

In Flanders fields the poppies blow
Between the crosses, row on row,
That mark our place; and in the sky
The larks, still bravely singing, fly
Scarce heard amid the guns below.

We are the Dead. Short days ago
We lived, felt dawn, saw sunset glow,
Loved, and were loved, and now we lie
In Flanders fields.

Take up our quarrel with the foe:
To you from failing hands we throw
The torch; be yours to hold it high.
If ye break faith with us who die
We shall not sleep, though poppies grow
In Flanders fields.

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

Just NOT at the Same Time Please

Sharing, as a service to our readers…

From Reason: http://reason.com/blog/2014/11/10/guns-and-pot-which-states-are-friendly-t

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

Mandatory Ebola Quarantines: Constitutional or Fear-Mongering?

Last Friday, a federal judge ruled that the state of Maine could not force a mandatory ebola quarantine on nurse, Kaci Hickox, who recently returned to the U.S. from Sierra Leone. According to CNN:

District Court Chief Judge Charles LaVerdiere ordered nurse Kaci Hickox, who recently returned to the United States after treating Ebola patients in Sierra Leone, to submit to “direct active monitoring,” coordinate travel with public health officials and immediately notify health authorities should symptoms appear. Another hearing is scheduled for Tuesday.

Hickox was held under quarantine in New Jersey after she returned to the U.S. because she had broken a fever. Since then, Maine, New York, Florida, Illinois, California, Georgia, Connecticut, Maryland, and Virginia have enacted some form of mandatory quarantine of some level or another. I’ve heard a lot of people, even within libertarian circles, arguing in favor of the mandatory quarantines. I think that these views are largely based on fear and misinformation. First, are these mandatory quarantines even constitutional? Let’s do a brief constitutional analysis.

By forcing a mandatory quarantine on someone, the state is taking away their liberty. Under the Fifth and Fourteenth Amendments, the state may not deprive one of “life, liberty, or property without due process of law.” Therefore, quarantines are a matter of substantive due process. (For a brief tutorial on substantive due process, click here). The courts will have to apply a strict scrutiny test because one’s liberty is a fundamental right. There are three prongs to a strict scrutiny analysis:

  • (1)  The government must have a compelling interest in the law which would restrict one’s liberty;
  • (2)  The government must narrowly tailor the law to meet that interest; and
  • (3)  The government must use the least restrictive means possible to meet that interest.

Does the government have a compelling interest in enforcing mandatory quarantine laws for people who exhibit symptoms of ebola? Absolutely! The government certainly has an interest in protecting its citizens from a deadly disease. There really isn’t much of a question here. The government can easily prove this prong of the strict scrutiny test. No problems yet.

Are mandatory quarantine laws narrowly tailored to meet the government’s interest of protecting citizens from deadly diseases? Maybe. This is where it becomes a bit tricky. Some states enacted laws which would require anyone who has had any contact with an ebola patient or anyone who recently visited areas of Africa known to have the ebola virus to be quarantined for at least 21 days, despite not showing any symptoms of the virus. This is clearly not narrowly tailored to protect the public from this deadly disease. Other states require the quarantine only if there has been a known exposure to ebola such as splashing bodily fluids or a needle stick. This is much more narrowly tailored to meet the government’s compelling interest. In the case of Ms. Hickox, her quarantine was not narrowly tailored to meet the government’s compelling interest because she was showing no actual symptoms of ebola. Therefore, I do not believe that her quarantine was constitutional. However, I could see cases where a quarantine would be constitutional, such as the case of Thomas Eric Duncan, the first person to die from this disease, and the staff who treated him. In those cases, where the patients showed symptoms of ebola, a 21-day quarantine would be justified.

Are the mandatory quarantine laws the least restrictive means possible to meet the government’s compelling interest? No! Not in these cases. In the case of Ms. Hickox, she was originally quarantined in a New Jersey hospital for 21 days. This is certainly too restrictive because she showed no real signs of the ebola virus other than having a fever. When she returned to Maine, officials wanted her to stay in her home for 21 days. While this is less restrictive than the hospital, it is still unconstitutional because of the restrictive nature of the order:

Late Thursday, the judge had ordered stricter limits on Hickox, requiring that she “not to be present in public places,” such as shopping centers or movie theaters, except to receive necessary health care. The temporary order permitted her to engage in “non-congregate public activities,” such as walking or jogging, but said she had to maintain a 3-foot distance from people. And it forbade her from leaving the municipality of Fort Kent without consulting local health authorities.

I think that Judge LaVerdiere got it right when he lifted the restrictions that she not be present in public. I do agree that she should submit to regular checkups and screenings, but only because I think that it is the responsible thing to do and Ms. Hickox seems to agree:

Standing with her boyfriend Ted Wilbur, outside their home in Maine, Hickox told reporters the decision was a “good compromise” and that she would continue to comply with direct active monitoring.

“I know that Ebola is a scary disease,” she said. “I have seen it face-to-face. I know we are nowhere near winning this battle. We’ll only win this battle as we continue this discussion, as we gain a better collective understanding about Ebola and public health, as we overcome the fear and, most importantly, as we end the outbreak that is still ongoing in West Africa today.”

Therefore, mandatory quarantines are likely to be unconstitutional if the patient tests negative for the virus or shows no symptoms of having the virus. However, mandatory quarantines are more likely to be constitutional for patients who have shown symptoms of the virus or tested positive.

This is where we need to separate a legitimate concern from fear-mongering. I’m no doctor, so I’ll let the experts from the Mayo clinic explain what ebola is, its symptoms, causes, and risk factors. According to the experts, ebola is spread through blood, bodily fluids, mostly in Africa, and not through the air. Should we be concerned? Absolutely. Should we be fearful of every person who comes in from Africa and institute travel bans for anyone seeking to come into the country from those areas? Absolutely not! in fact, the chances of you getting ebola are about 1 in 13.3 million, which is less than being killed in a plane crash (1 in 11 million), being killed by a lightning strike (1 in 9 million), or being killed in a car accident (1 in 9100). So if you decide to be fearful of ebola, I would recommend that you don’t fly anywhere, stop driving, and don’t go outside while it’s raining. You’re more likely to die from those than from ebola. For the rest of us, we will just continue to live our lives.

Albert holds a J.D. from Barry University School of Law as well as an MBA and BA in Political Science from The University of Central Florida. He is a conservative libertarian and his interests include judicial politics, criminal procedure, and elections. He has one son, named Albert, and a black lab puppy, named Lincoln. In his spare time, he plays and coaches soccer.
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