Author Topic: Administrative Agencies, bureaucracy, regs in action: 4th Branch of the US Govt.  (Read 139840 times)

Crafty_Dog

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SEC v. Jarskey 2.0
« Reply #350 on: June 27, 2024, 01:18:09 PM »
https://www.msn.com/en-us/money/markets/sotomayor-warns-of-new-threat-from-supreme-court/ar-BB1p0JzO?ocid=msedgntp&pc=DCTS&cvid=e953a64b054449b884002163266bdb3b&ei=6

Another surprisingly legally literate article (my saying so does not mean I necessarily agree, only that it is literate) from MSN.

Assuming the description of Sotomayor's rationale is accurate, I disagree. 

"Warningly, Sotomayor wrote: "Beyond the majority's legal errors, its ruling reveals a far more fundamental problem: This Court's repeated failure to appreciate that its decisions can threaten the separation of powers." She specified that in this case, "that threat comes from the Court's mistaken conclusion that Congress cannot assign a certain public-rights matter for initial adjudication to the Executive because it must come only to the Judiciary."

Well duh!  Is not the issue the defendant's right to be heard by the judiciary instead of the executive branch being both prosecution/executive and judicial?

Crafty_Dog

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WSJ: SCOTUS ends Chevron!
« Reply #351 on: June 28, 2024, 09:41:38 AM »


Supreme Court Pares Back Federal Regulatory Power
Justices abandon 1984 precedent giving agencies leeway to interpret their own powers
By
Jess Bravin
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June 28, 2024 10:35 am ET


WASHINGTON—The Supreme Court upended the federal regulatory framework in place for 40 years, expanding the power of federal judges to overturn agency decisions over environmental, consumer and workplace safety policy, among other areas.

The 6-3 decision, along ideological lines, discards a 1984 precedent directing federal courts to defer to agency legal interpretations when the statutory language passed by Congress is ambiguous. Conservative legal activists, Republican-led states and some business groups have argued in recent years that the 1984 case, Chevron v. Natural Resources Defense Council, allows agenda-driven regulators to push the limits of their power.

By abandoning the doctrine called Chevron deference, the justices have given parties unhappy with agency decisions more opportunities to overturn regulations by persuading federal judges that agency officials exceeded their authority.

Chief Justice John Roberts wrote for the court. “Agencies have no special competence in resolving statutory ambiguities. Courts do,” he wrote, joined by justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.

Roberts said that a 1946 law setting out the federal rule-making process, the Administrative Procedure Act, required a measure of judicial deference to agency factual and policy determinations, but not to their legal interpretations.

Justice Elena Kagan, in dissent, argued that the majority had damaged the public interest by diminishing the role of expert agencies and diminished the democratic accountability of policy decisions by shifting authority from executive branch officials working for the president to the unelected judiciary.

“A rule of judicial humility gives way to a rule of judicial hubris,” she wrote, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. “In recent years, this Court has too often taken for itself decision-making authority Congress assigned to agencies.”

Even before the decision, the conservative-dominated court had been hammering away at federal regulatory power, in opinions that threw out Biden administration policies ranging from public-health measures to contain Covid-19 to a blanket cancellation of student-loan debt. But while the Supreme Court hasn’t cited Chevron for authority in years, many lower courts said they remained bound by the doctrine as long as it remained on the books.


A who’s-who of industry associations and conservative advocacy groups that regularly sue federal agencies have filed many briefs urging the justices to abandon or roll back the decades of deference given to regulators.

“By ending Chevron deference, the court has taken a major step to preserve the separation of powers and shut down unlawful agency overreach,” said Roman Martinez, who represented a fishing boat company called Relentless in one of the regulatory challenges before the court. “Going forward, judges will be charged with interpreting the law faithfully, impartially, and independently, without deference to the government,” he said.

The Justice Department had no immediate comment, but Senate Democrats were disappointed.

“Federal agencies use the latest scientific analyses and expert opinions to implement widely popular programs that ensure safe food and medications, clean air and water, stable financial markets, fair working conditions, and more. With this decision, those programs may now be tied up in court for years by corporate special interests,” said Sen. Dick Durbin of Illinois, the Senate’s No. 2 Democrat.

Although neutral on its face, as a practical matter the decision offers another tool to business interests looking for conservative-leaning federal courts to block environmental, consumer or workplace safety regulations they consider too costly. Reaction Friday broke sharply according to the anticipated beneficiaries of the court’s ruling.

“The Supreme Court’s previous deference rule allowed each new presidential administration to advance their political agendas through flip-flopping regulations and not provide consistent rules of the road for businesses to navigate, plan, and invest in the future,” said Suzanne Clark, president of the U.S. Chamber of Commerce, which filed a brief urging the court to overrule Chevron.

Labor’s view was a mirror opposite: “This ruling paves the way for corporate challenges to the actions of the Occupational Safety and Health Administration, the National Labor Relations Board, and other agencies with a duty to protect workers’ lives and rights, which would allow employers to get away with retaliation, union-busting and maintaining dangerous workplace conditions,” said AFL-CIO President Liz Shuler, whose organization filed a brief arguing the court should stand by its precedent.

Friday’s decision brings the Chevron saga full circle. Conservatives initially hailed the Chevron decision, which required the then-liberal leaning federal judiciary to defer to Reagan administration policies rolling back environmental protections.
« Last Edit: June 28, 2024, 11:10:42 AM by Crafty_Dog »

Crafty_Dog

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Separation of Powers for the win at SCOTUS
« Reply #352 on: June 29, 2024, 07:56:13 AM »


Supreme Court
The Justices continue their repair work on the separation of powers.
By The Editorial Board
June 28, 2024 5:50 pm ET

Friday was a good day, make that a great day, for liberty and the Constitution at the Supreme Court. The Justices delivered an overdue rebuke to overreaching regulators in a ruling that abolishes Chevron deference, while they also reined in prosecutors who stretched the law in pursuit of Jan. 6 cases.

In arguably the most significant decision of the year, a 6-3 majority (Loper Bright Enterprises v. Raimondo) overturned the Court’s 40-year-old Chevron doctrine that told judges to defer to agency interpretations of vague laws as long as they are “reasonable.” Now regulators will have a harder time bending laws, and Congress will have to legislate more clearly. Imagine that.

Chevron arose when judges were willy-nilly legislating from the bench, but its flaws were “apparent from the start,” as Chief Justice John Roberts explains for the majority. The doctrine lacked a constitutional basis and clashed with the Administrative Procedure Act’s command that courts “decide all relevant questions of law, interpret constitutional and statutory provisions.” From the start, he says, Chevron was “a ‘rule in search of a justification,’ if it was ever coherent enough to be called a rule at all.”

The doctrine spawned confusion and conflict in lower courts, including whether a given law was ambiguous in the first place. As Justice Antonin Scalia put it five years after Chevron was decided: “How clear is clear?” The Chief says deference to regulators became “an impediment, rather than an aid, to accomplishing the basic judicial task.”

The High Court hasn’t invoked Chevron since 2016, relying instead on basic statutory interpretive tools and its major questions doctrine, such as in West Virginia v. EPA. “At this point, all that remains of Chevron is a decaying husk with bold pretensions,” the Chief writes.

The problem is that lower courts still rely on Chevron and cite it repeatedly to rubber stamp even the most dubious rules. See the D.C. Circuit Court of Appeals.

The Court’s considerations about when to revere precedents also support its decision. Not only has Chevron proven unworkable, it “has undermined the very ‘rule of law’; values that stare decisis exists to secure,” the Chief stresses. As Justice Neil Gorsuch notes in a powerful concurrence, “these antireliance harms” aren’t “distributed equally.” While “sophisticated entities and their lawyers may be able to keep pace with rule changes affecting their rights and responsibilities,” others may not.

Chevron “has led us to a strange place. One where authorities long thought reserved for Article III are transferred to Article II, where the scales of justice are tilted systematically in favor of the most powerful, where legal demands can change with every election even though the laws do not, and where the people are left to guess about their legal rights and responsibilities.”

Lacking a strong legal rebuttal, the three liberal Justices fret about “judicial hubris” and the Court turning “itself into the country’s administrative czar.” “The majority disdains restraint, and grasps for power,” Justice Elena Kagan writes in dissent. “Judges are not experts in the field.”

But the progressive impulse to defer to the rule of experts is one reason Americans are so frustrated with government. Some judges may run off the rails, but then some do that now. The crucial constitutional point is that each branch of government stays in its proper lane.

***
Chevron’s defenestration will require judges to determine the best reading of statutes. The Chief demonstrates how to do this in Fischer v. U.S. Prosecutors charged a Jan. 6 rioter with violating the 2002 Sarbanes-Oxley Act, of all unlikely statutes.

The financial securities law makes it a crime to “corruptly” shred or conceal documents “with the intent to impair the object’s integrity or availability for use in an official proceeding.” This provision is followed by another one punishing anyone who “otherwise obstructs, influences, or impedes” such a proceeding.

The government argued this catchall applied to the rioter’s obstruction. Six Justices disagreed. The catchall “was designed by Congress to capture other forms of evidence and other means of impairing its integrity or availability,” the Chief writes. He was joined by Justices Gorsuch, Clarence Thomas, Samuel Alito, Brett Kavanaugh and Ketanji Brown Jackson.

It would be “peculiar to conclude that in closing the Enron gap, Congress created a catch-all provision that reaches beyond the scenarios that prompted the legislation,” the Chief adds. The government’s “novel interpretation would criminalize a broad swath of prosaic conduct, exposing activists and lobbyists alike to decades in prison.”

The Court’s Friday decisions safeguard individual liberty against overreaching government. Isn’t that why the Founders fought the Revolution?

Crafty_Dog

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WSJ: Post Chevon FTC loses
« Reply #353 on: July 05, 2024, 06:33:07 AM »
Lina Khan Loses in Court Again—This Time on Non-Competes
A federal judge says the FTC’s ban on the employment agreements has no basis in law.
By
The Editorial Board
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July 4, 2024 3:52 pm ET




330

Gift unlocked article

Listen

(3 min)



Federal Trade Commission Chairwoman Lina Khan PHOTO: TOM WILLIAMS/ZUMA PRESS
Regulators no doubt will mourn the Supreme Court’s burial last week of its Chevron doctrine. But courts won’t, as a federal judge showed in a decision Wednesday blocking the Federal Trade Commission’s sweeping ban on non-compete agreements.

The FTC this spring issued a 570-page rule prohibiting most employment agreements that restrict workers from joining competitors or starting their own firms for a specified duration after leaving. The agency says such contracts constitute an “unfair method of competition,” which are forbidden under the Federal Trade Commission Act. Not so fast.

As Judge Ada Brown explains, a “plain reading” of the law “does not expressly grant the Commission authority to promulgate substantive rules regarding unfair methods of competition.” The law instead lets the FTC hold administrative hearings and issue cease-and-desist orders against businesses charged with unfair methods of competition.

The FTC pointed to an ostensibly vague provision that authorizes it to “make rules and regulations for the purpose” of carrying out the prohibition on unfair methods of competition. Chair Lina Khan argued this provision empowered the FTC to regulate business practices as long as Congress doesn’t expressly say it can’t. Judge Brown disagreed.

She notes the cited provision resembles “a ‘housekeeping statute,’ authorizing what the [Administrative Procedure Act] terms ‘rules of agency organization procedure or practice’ as opposed to ‘substantive rules.’” Based on the text, structure and history of the law, she concludes that “the FTC lacks the authority to create substantive rules through this method.”

The Chevron doctrine required judges to defer almost mechanistically to regulators’ interpretation of ambiguous laws as long as they were seemingly reasonable. Citing the Supreme Court’s Loper Bright Enterprises ruling last week, Judge Brown writes that “the deference that Chevron requires of courts reviewing agency action cannot be squared with the APA.” Nor the Constitution.

Crafty_Dog

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Newt on reversing the Deep State
« Reply #354 on: July 07, 2024, 08:55:54 AM »

ccp

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Newt at his best  8-)

Crafty_Dog

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I donated to his presidential campaign and was quite bummed when the nod went to Romney.

When he is on his game he can be quite special.   His background as an American History prof adds special depth.

Crafty_Dog

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DougMacG

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Re: Moms vs Title 9
« Reply #358 on: July 15, 2024, 08:23:13 AM »
https://washingtontimes-dc.newsmemory.com/?token=8655ae61c1ad6ac8c0bfd51fc8deced1_66951de6_6d25b5f&selDate=20240715

Please add a paragraph if you can.  Wash Times links just come up as a picture of the front page.

I'm guessing this is to do with boys and men in girls and women's sports, bureaucrats saying trans males are protected under Title IX. 

All women, Moms, Lesbians, married women, single women, Republicans and Democrats, and men too, should rise up and right this wrong.  Why isn't there a movement in the Democrat party to stop this?  It's not conservative; it's common sense.
« Last Edit: July 15, 2024, 08:27:26 AM by DougMacG »

Crafty_Dog

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Judge allows parents to exempt children’s schools from rule by joining group

Moms for Liberty membership rises

BY VALERIE RICHARDSON THE WASHINGTON TIMES DENVER | Parents in blue states may feel powerless to stop the Biden administration’s Title IX rule, but it turns out they have a silver bullet: They can join Moms for Liberty.

A federal judge last week temporarily blocked the final rule adding gender identity to Title IX in Alaska, Kansas, Utah and Wyoming — and schools attended by children whose parents belong to Moms for Liberty or students who are members of Young America’s Foundation or Female Athletes United.

In other words, any parent in any state can stop their child’s school from enforcing the Title IX rewrite simply by signing up for Moms for Liberty, which is free and can be done online, or having their child register for YAF or FAU.

The deadline is July 15. The result is a membership-drive bonanza that has the potential to bring untold hundreds, if not thousands, into the Moms for Liberty fold as parents seek to exempt their schools from the gender identity requirement pending the outcome of the lawsuit.

“If you join by July 15th, your child will be protected from the Biden administration’s radical overhaul of Title IX,” said Moms for Liberty, which enrolls mothers and fathers, on X. “That means girls & parental rights [are] protected at your child’s school!”

The message is particularly relevant in blue states or those with Democratic attorneys general. No Democratic attorney general has sued to block the revised rule.

In Colorado, the state Republican Party sent out an email blast urging parents to sign up for their local Moms chapter, saying that “your simple act of joining Moms for Liberty today immediately stops grooming in YOUR local school district!!” Darcy Schoening, the party’s director of special initiatives, said the campaign is working.

“We are seeing a couple dozen sign ups per day!” she said in an email.

In New York, education advocate Maud Maron sought to drum up membership in a New York Post op-ed headlined “Court gives parents escape hatch for Biden’s trans lunacy.”

“If you want to protect your kids and their school from bad federal law (the egregious Biden re-write of Title IX) join @Moms4Liberty before July 15th! Really!” she said on X.

The Department of Education’s final rule inserted gender identity into Title IX, which bans sex discrimination in education, meaning that the civil rights law will cover transgender girls and women. The update takes effect Aug. 1.

The department said the Title IX rewrite will “promote educational equity and opportunity for students across the country,” while critics warn the regulations will usher transgender students into girls’ and women’s restrooms, locker rooms, and sports teams.

Moms for Liberty said the rule also would bar schools from informing parents about their children’s gender transitions. Those accused of misgendering students and staff could face sexualharassment sanctions.

In North Carolina, NC Values urged parents to join Moms for Liberty while blasting Attorney General Josh Stein, a Democrat. “Thanks to our liberal Attorney General, gubernatorial candidate Josh Stein — North Carolina was not on the list of states bringing suit,” said NC Values executive director Tami Fitzgerald on the group’s website.

“However, per the decision, every school attended by the children of Moms for Liberty or by members of Female Athletes United and Young America’s Foundation (YAF), will be exempt from implementing these disastrous Title IX changes,” Ms. Fitzgerald said. “This also includes anyone who joins these organizations before the judge’s deadline.

The final rule is now blocked from taking effect in 14 states pending the outcome of lawsuits following temporary injunctions issued by three federal judges in response to multistate lawsuits.

The states covered by the injunctions are Alaska, Kansas, Utah and Wyoming, which sued in federal court in Kansas; Idaho, Louisiana, Mississippi and Montana, which sued in federal court in Louisiana; and Indiana, Kentucky, Ohio, Tennessee, Virginia and West Virginia, which sued in federal court in Kentucky.

In addition, a federal judge on Thursday temporarily blocked the Title IX rule from being enforced in the Carroll Independent School District in Southlake, Texas.

In his July 2 decision, U.S. District Judge John Broomes, a Trump appointee, directed the plaintiffs “to file a notice in the record identifying the schools which the members of Young America’s Foundation or Female Athletes United attend, as well as the schools attended by the minor children of the members of Moms for Liberty, on or before July 15, 2024.

“This filing should not identify members of those organizations or the children of any such members. Rather, it should provide notice to Defendants of the schools as to which this order enjoins enforcement of the Final Rule.”

The House on Thursday passed a resolution to reverse the Title IX rule on a party-line vote, with no Democrats in support.

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Judge tosses FTC ban on non-compete ags
« Reply #362 on: August 20, 2024, 06:13:33 PM »


https://www.wsj.com/us-news/law/judge-tosses-ftc-ban-on-noncompete-agreements-ae517b48

A federal judge in Texas on Tuesday struck down a landmark regulation issued by the Federal Trade Commission that sought to ban employers from using noncompete agreements to prevent most workers from joining rival firms.

U.S. District Judge Ada Brown ruled that the commission’s authority to police unfair methods of competition couldn’t be used to issue substantive regulations that ban an entire category of conduct.

“The role of an administrative agency is to do as told by Congress, not to do what the agency thinks it should do,” Brown, a Trump appointee, wrote.

The ban, issued in April, was part of FTC Chair Lina Khan’s effort to crack down on tactics that restrict the ability of workers to switch jobs. Outlawing noncompetes is hugely popular with many workers, and the FTC estimated its rule would have boosted earnings by allowing employees to move more freely between companies.

Ryan LLC, a tax-services and software firm based in Dallas, backed by the Chamber of Commerce and other business groups, sued to block the regulation days after the FTC adopted the measure, arguing the commission exceeded its powers.


Federal Trade Commission Chair Lina Khan Photo: Laura Morton for WSJ
Businesses that use noncompete agreements say they are an effective way to protect their intellectual property and other investments. Other measures, such as nondisclosure agreements, don’t protect companies as well, they say, because they must be litigated on a case-by-case basis to be enforced.

The judge also ruled the FTC ban was arbitrary and capricious because it was “unreasonably overbroad without a reasonable explanation.” The decision barred the commission from enforcing the rule, which was supposed to take effect on Sept. 4.

States have traditionally regulated noncompete agreements, with some states banning them completely. In California, the lack of noncompete restrictions has allowed talented engineers and other tech workers to easily switch employers or start their own companies.

The FTC argued that noncompete clauses, which typically prevent workers from taking a new job or starting a business for a certain period after leaving an employer, hamper competition for labor and result in lower pay and benefits for workers.

Even lower-wage workers such as security guards and hairstylists, who lack access to intellectual property or trade secrets, have occasionally been subject to them.

An FTC spokeswoman said the agency is weighing an appeal and would continue to “keep fighting to stop noncompetes that restrict the economic liberty of hardworking Americans, hamper economic growth, limit innovation, and depress wages.”

Brint Ryan, the chief executive of Ryan LLC, said the rule would have created a disincentive for employers to provide training and skill development. “The continuing overreach and overregulation from the federal government jeopardizes America’s economic liberty and diminishes the opportunity our country provides for all of us,” Ryan said.

The basis for regulating noncompete clauses comes from a 110-year-old law that prohibits unfair methods of competition, the FTC says. The agency first said in the 1960s that it could use that authority to write competition regulations. But it hadn’t issued a new competition rule for more than 50 years—until adopting the rule that Brown invalidated on Tuesday.

Brown wrote that Congress never granted substantive competition rule-making authority to the FTC. Lawmakers expressly authorized the FTC’s ability to regulate deceptive practices that mislead consumers, but they didn’t want the agency to regulate how firms compete, she wrote. The FTC misused what she called a “housekeeping statute,” aimed at organizing its internal functions, to create a basis for a sweeping assault on labor agreements.

“The commission lacks statutory authority to retroactively invalidate millions of existing contracts,” Brown wrote. 

Brown said her ruling is effective nationwide and isn’t limited to Ryan’s case or employers operating in the northern district of Texas. 

The FTC fended off an earlier attempt to invalidate the rule filed by a Pennsylvania-based tree-care company. But the decision in that case was a preliminary decision that addressed only whether the rule could take effect in September while the tree company’s lawsuit played out.

Write to Dave Michaels at dave.michaels@wsj.com


Crafty_Dog

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JW uncovers Secret Service DEI
« Reply #364 on: August 25, 2024, 04:37:32 AM »


For years the Secret Service has seemed to place woke politics over their protection and law enforcement mission.This is confirmed in 311 pages of U.S. Secret Service (USSS) records we received that show the agency has made it a top priority that “diversity and inclusion is not just ‘talked about’ – but demonstrated by all employees through ‘Every Action, Every Day.’” [Emphasis in original]

The records show the Secret Service, which is part of the Department of Homeland Security (DHS), demands that 12 percent of its workforce be composed of “persons with disabilities,” and that it is the policy of the Secret Service to provide equal employment opportunity without regard to such non-merit factors as “disability (physical or mental).”

We obtained the records in a FOIA lawsuit against DHS for records relating to an incident in April at Joint Base Andrews in Maryland in which a Secret Service agent assigned to protect Vice President Kamala Harris got into a scuffle with colleagues (Judicial Watch v. Department of Homeland Security (No. 1:24-cv-01705)).

According to an April 24 report by the Washington Examiner, a Secret Service agent was removed from her duties after physically attacking the commanding agent in charge and other agents who tried to subdue her.

A later report states: “The agents involved in restraining [Michelle] Herczeg were especially concerned because she still had her gun in the holster. They wrestled her to the ground, took the gun from her, cuffed her, and then removed her from the terminal.” The report also states that, following the incident at Joint Base Andrews, which is the home base for Air Force One and Air Force Two. “Secret Service agents and officers are privately questioning the hiring process and whether the agency had adequately screened Herczeg’s background.”

The newly obtained records include an undated document titled “Secret Service Inclusion and Engagement Council Charter: Changing the Game of Diversity and Inclusion,” in which the Secret Service puts forth a strategy for the council and establishes an “SES-level Executive Champion for Inclusion and Engagement:

The IEC’s collective duty is to help the Secret Service build, foster, create, and inspire a workforce where diversity and inclusion is not just “talked about” -- but demonstrated by all employees through “Every Action, Every Day.” [Emphasis in original]

The document notes that the Secret Service’s Inclusion and Engagement Council “will not rely solely on the legal requirements underscoring the principles of EEO and the voluntary initiatives in Diversity programs; rather, the IEC will seek innovative solutions outside the agency’s mandated requirements to create a culture where differences are valued and appreciated, and employee engagement is encouraged.”

The “Inclusive Diversity Vision Statement” instructs: “To be the employer of choice and ‘gold standard’ for leveraging inclusive diversity by modeling the qualities of mutual respect, admiration, and appreciation for cultural differences and varying perspectives.”

A document dated fiscal year (FY) 2023 and titled “Affirmative Action Plan for the Recruitment, Hiring, Advancement, and Retention of Persons with Disabilities” states that the Secret Service should have a “numerical goal” to have “persons with disabilities” (PWDs) make up 12 percent of its workforce.

In a 2005 Secret Service “Human Resources and Training Manual,” the general provisions state that it is the policy of the Secret Service to provide equal employment opportunity without regard to such non-merit factors as “disability (physical or mental):”

It is the policy of the Secret Service to provide equal employment opportunity throughout the Service for all employees, former employees, and applicants for employment who are otherwise eligible and qualified, without regard to such non-merit factors as race, color, religion, sex, national origin, disability (physical or mental), parental status, protected genetic information, sexual orientation, age, or reprisal for objecting to discrimination or prior or current participation in the Equal Employment Opportunity (EEO) complaint process. This policy applies to appointments, details, career development, training, reassignments, promotions, and assignments of work, and to any other actions or situations affecting employment status where the possibility exists for consideration of non-merit factors.

The document also outlines a program within Secret Service called “Special Emphasis Programs” that:

[A]re designed to assist the organization in meeting its affirmative action responsibilities. SEPs are affirmative action programs established to increase the representation, retention, and advancement of their constituent groups in underrepresented occupations and grades. SEPs are also charged with promoting cultural awareness, identifying policies, procedures, and practices affecting their groups and advising management on actions, which may increase participation of minorities, women and persons with disabilities in all Secret Service programs and activities. The Secret Service delivers the following six programs:

Federal Women
Hispanic Employment
African American
Asian/Pacific Islander
Persons with Disabilities/Disabled Veterans
American Indian/Alaskan Native

A document titled “Diversity Management Program” dated February 2001 explains: “The Diversity Management Program has been established in the Secret Service as a means of achieving an organizational culture which values diversity and utilizes employees to their fullest potential regardless of age, gender, race or other factors.”

The document also establishes the “Duties, Functions and Responsibilities” of the Diversity Management Program, including the goals:

Promotes awareness of diversity within the workplace, enhances interpersonal relationships, and strives to create an organizational culture that is free from racism, sexism, and other biases.

Actively supports the recruitment, development, advancement, and retention of a diverse workforce.

An undated Secret Service Human Resources PowerPoint training slideshow, titled “SAITC-UDITC [Special Agent Introductory Training Course-Uniformed Division Introductory Training Course] Zero Tolerance Briefing” outlines “Special Emphasis Programs” as focusing “special attention on groups that are not represented or have less than expected participation rates in specific occupational categories or grade levels within the agency’s workforce,” including among others, “Federal Women’s Program,” “Hispanic Program,” and “LGBT Program.”

We recently uncovered records from the district attorney’s office in Butler County, PA, detailing the extensive preparation of local police for the rally at which former President Trump was shot, including sniper teams, counter assault teams and a quick response force.

On August 9, in response to a separate open records request, we obtained  bodycam footage of the July 13 assassination events from the Butler Township Police Department.

On August 12 reported that the FBI withheld information on a Freedom of Information Act (FOIA) request for information about its coordination with the U.S. Secret Service regarding the July 13 Butler, PA, rally.

On July 31, we reported that the United States Secret Service completely denied multiple Freedom of Information Act (FOIA) requests for documents about the assassination attempt on former President Trump.

We have more than 25 FOIA and open records currently pending on the shooting of Trump with the Biden administration and local and state officials and agencies in Pennsylvania.

Lawsuits are coming, so stay tuned…

Body-by-Guinness

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SCOTUS to Hear Several Cases re “Forum Shopping”
« Reply #365 on: October 22, 2024, 08:04:36 PM »
This could land in more than one spot, but given the potential impact on who can litigate what, where as they “forum shop,” the results are potentially profound:

Supreme Court to Tackle Who Can Sue Agencies Where and for What

The Volokh Conspiracy / by Jonathan H. Adler / Oct 21, 2024 at 11:58 AM

This morning the Supreme Court denied certiorari in a case asking the justices to revisit Humphre3y's Executor. Do not think for a moment that this means we are not in for a significant adminsitrative law term. There are some potentially big cases in the pipeline, and the Court has quite a few cases this term that deal with important, if not headline-grabbing, administative law quesitons.

In today's order list the Court accepted certiorari in multiple cases concerning the interpretation and applicaiton of the Clean Air Act's venue provisions. This means the Court now has four administrative law cases this term concerning where certain types of claims against federal agencies can be filed, and who can file them. Here's a quick rundown.

First, in Nuclear Regualtory Commission v. Texas the Court will consider whether parties who did not participate in the relevant adminsitative proceeding may challenge an agency order for exceeding the agency's statutory authority under the Hobbs Act. The U.S. Court of Appeals for the Fifth Circuit said yes (and subsequently held that the NRC lacks the delegated authority to permit temporary off-site storage of nuclear waste).

Next, in FDA v. R.J. Reynolds Vapor Co. the Court will consider the question "Whether a manufacturer may file a petition for review in a circuit (other than the D.C. Circuit) where it neither resides nor has its principal place of business, if the petition is joined by a seller of the manufacturer's products that is located within that circuit." Here again the Fifth Circuit answered the quesiton in the affirmative. The FDA's position, as you might expect, is that the manufacturer plaintiff was engaged in an impermissible form of forum shopping by adding a local retailer to the case.

Today, the Court added more cases in this vein, all concerning the interpretation and application of the Clean Air Act's venue provisions. These provisions seek to channel petitions challenging EPA reulgations of nationwide scope and applicaiton to the U.S. Court of Appeals for the D.C. Circuit while allowing challenges to more localized agency decisions to be filed regionally. Drawing that line is easier in some cases than in others.

In EPA v. Calumet Shreveport Refining, L.L.C the Court will consider whether challenges to the EPA's denial of petitions for exemptions from renewable fuel regulations must be filed in the D.C. Circuit. Here, again, the Fifth Circuit did not think so and denied the government's motion to transfer challenges filed by six refineries.

In Oklahoma v. EPA and PacifiCorp v. EPA (consolidated) the Court will consider a similar question, but where it is the EPA that is arguably engaged in venue shopping. Normally, challenges to state implementation plans (SIPs) under the Clean Air Act are filed in the regional circuit in which the state is located. Here, however, the EPA issued a single Federal Register notice finalizing actions with regard to multiple SIPs across multple states, and the U.S. Court of Appeals for the Tenth Circuit concluded that challenges to portions of that EPA action had to be filed in the D.C. Circuit. Thus the question presented, as one of the petitioners put it, is "Whether the Environmental Protection Agency's disapproval of a State Implementation Plan may only be challenged in the D.C. Circuit under 42 U.S.C. § 7607(b)(1) if EPA packages that disapproval with disapprovals of other States' SIPs and purports to use a consistent method in evaluating the state-specific determinations in those SIPs."

In combination, these cases have significance beyond their rather narrow particulars. In decided these cases it is likely the justices will speak to some of the broader concerns about forum shopping in challenges to federal agency actions and give lower courts more guidance about how they should consider innovative efforts to bring such challenges in favorable jurisdictions. (Thus it may be no coincidence that several of these cases came out of the Fifth Circuit.) Put another way, each of these cases may concern narrow, technical questions of administrative law, but when taken together they could be quite significant.

The post Supreme Court to Tackle Who Can Sue Agencies Where and for What appeared first on Reason.com.

https://reason.com/volokh/2024/10/21/supreme-court-to-tackle-who-can-sue-agencies-where-and-for-what/

Crafty_Dog

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Good article.

In the semester I taught Consitutional Law at UNC Pembroke, a Fith Cirucit decision that OSHA had exceeded its statutory authority in a vaxx order it emitted was a major area of focus.

Body-by-Guinness

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Executive Orders are Problematic
« Reply #367 on: October 23, 2024, 09:58:22 AM »
Hopefully the next president (hopefully Trump) will dedicate--ah go ahead and verbally defenestrate me "Progressives" (wouldn't be the first time--his opening days in office to undoing the bulk of Biden's Executive Orders. The tool, however, cuts both ways, particularly with a congress more dedicated to political posturing and playing gotcha than actual executive oversight:

Executive Orders Pose Risks to Liberty and Governance

Cato Recent Op-eds by Alex Nowrasteh / Oct 23, 2024 at 10:03 AM//keep unread//hide

Alex Nowrasteh

The 2024 presidential election campaign between Kamala Harris and Donald Trump is the most policy-free in living history. The candidates and their supporters are trying to focus more on vibes, accentuating or minimizing controversies, and culturally signaling supporters to bring out the vote. But whoever wins will have enormous power to change policy, especially by issuing executive orders and other presidential directives.

,
Paul Begala, President Bill Clinton’s former adviser, summed up the power of modern executive orders when he said, “Stroke of the pen. Law of the land. Kind of cool.” Excessive use of executive orders should chill supporters of the Constitution, limited government, individual liberty, free markets and peace. There is a proper role for executive orders, but it’s too broad for our constitutional government.

American law does not define executive orders, presidents’ most consequential means of unilaterally wielding power. In practice, they are written directives with the force of law that the president issues to set policies for the executive branch and to direct and manage how federal agencies, employees and department heads operate.

Executive orders are often innocuous. They can clarify laws, streamline cooperation between different federal agencies, and realize congressional objectives. President George Washington’s first executive order asked the heads of executive departments to describe their jobs and the current state of the union — a reasonable and constitutional order. Other times, executive orders can be formidable instruments of power. The most infamous such order in American history was President Roosevelt’s that forced the internment of Japanese Americans and lawful residents in camps during World War II.

,
A pessimistic projection is that the president will become increasingly powerful as Congress withers and the courts are the last remaining check on executive authority — courts staffed with judges appointed by presidents.

,
The natural order in our republic has been for the scale and scope of presidential power to increase and for Congress’ power to decrease. Presidential power has burgeoned over the course of American history and especially since the New Deal with significant assistance from other national emergencies like two world wars, the Cold War and the War on Terrorism. Presidents frequently take these powers for themselves, but too often Congress gives presidents their powers that they then exercise through executive orders.

And the courts will not save us. They rarely limit presidential authority — a noteworthy exception being the Youngstown decision that stopped President Truman from nationalizing steel firms during the Korean War. Courts struck down only 14 executive orders through the end of the 20th century and few since, if any — in any event, a minuscule small share of the more than 14,000 issued since the government started counting.

A pessimistic projection is that the president will become increasingly powerful as Congress withers and the courts are the last remaining check on executive authority — courts staffed with judges appointed by presidents. This lamentable trend must reverse, and the presidency should be placed back into its properly proportioned box, but preparing for the growth of the imperial presidency is the most prudent action.

In that vein, I edited a “Cato Handbook on Executive Orders and Presidential Directives” to highlight several particularly damaging executive orders and other directives that conflict with the principles of individual liberty, free markets, limited government, peace and the Constitution. The purpose is to help a new administration identify which orders should be revoked or amended. Doing so would reduce the harm and increase the scope of liberty in policy areas like health care, immigration, foreign policy, trade, defense and others.

There are plenty of executive order suggestions in our handbook for the next administration to like, regardless of whether Harris or Trump is elected. For instance, Harris would like some of our recommendations on revoking immigration orders, and Trump would appreciate the guidance on revoking the energy or administrative state orders we identify. There will also be plenty of recommendations that both major party candidates will dislike. No matter the outcome of the 2024 election, the next administration could take some of Cato’s recommendations to reduce the harm.

The Cato handbook is not a comprehensive list of executive orders and directives that should be revoked. There are so many that such a list would be impossible to compile, but the handbook is merely the lowest hanging fruit and best places to begin the long journey back toward constitutionally limited government. That low-hanging fruit is ripe indeed.

https://www.cato.org/commentary/executive-orders-pose-risks-liberty-governance


Crafty_Dog

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The ticks digging in
« Reply #369 on: November 08, 2024, 10:21:53 AM »
HT to BBG

https://andmagazine.substack.com/p/the-democratic-partys-stay-behind?r=4i5qd&triedRedirect=true

Also, I'm not remembering in which thread, but there was a piece discussing the particular layer of bureaucracy called SES (not remembering what that stands for) as particularly seditious.

Anyone knows what/where it is?

Body-by-Guinness

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Re: The ticks digging in
« Reply #370 on: November 08, 2024, 10:31:16 AM »
HT to BBG

https://andmagazine.substack.com/p/the-democratic-partys-stay-behind?r=4i5qd&triedRedirect=true

Also, I'm not remembering in which thread, but there was a piece discussing the particular layer of bureaucracy called SES (not remembering what that stands for) as particularly seditious.

Anyone knows what/where it is?

SES = Senior Executive Service. Initially meant to ID a retain critical agency leadership, now used to embed reliable political drones deep in the administrative state where they can gorge on tax dollars and ask “how high?” when their political masters say “jump!” IIRC there are around 10,000 of ‘em.

Whups, a bit high: https://ourpublicservice.org/fed-figures/senior-executive-service-trends-over-25-years/

Crafty_Dog

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Thank you.

Body-by-Guinness

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FEMA to Field Employees: Ignore Damaged Homes w/ Trump Signs
« Reply #372 on: November 08, 2024, 03:36:30 PM »
Not only did FEMA direct its employees in storm damaged areas to ignore homes with Trump signs, these employees made a note of it as they surveyed these areas:

https://pjmedia.com/matt-margolis/2024/11/08/report-fema-official-directed-relief-workers-to-bypass-homes-displaying-trump-signs-n4934124

Crafty_Dog

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FO: The ticks are digging in
« Reply #373 on: November 09, 2024, 09:22:47 AM »


Department of Justice (DOJ) lawyers are accelerating unionization efforts ahead of President-elect Trump’s inauguration on 20 January 2025. DOJ Civil Rights Division lawyers said DOJ management is raising “unnecessary objections” that threaten to delay their unionization efforts for months.

Crafty_Dog

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Body-by-Guinness

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Exec Agencies Further Confined when it comes to Issuing Regs
« Reply #375 on: November 12, 2024, 06:55:07 PM »
A DC federal court ruling limiting the ability of agencies to impose environmental standards on others (as I understand it) or otherwise define what hoops third parties have to jump through to move forward with an effort. Having trouble finding an MSM account of this, though there is a lot of paywalled stuff that makes it sound like this is a logical extension of the SCOTUS Chevron ruling:

https://media.cadc.uscourts.gov/opinions/docs/2024/11/23-1067-2084381.pdf


DougMacG

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IRS employees owe millions in taxes
« Reply #377 on: November 19, 2024, 07:25:12 AM »
 Over 800 IRS employees owe millions in back taxes after audits pushed by Ernst.

Over 800 Internal Revenue Service employees still owe millions in back taxes despite heavy criticism from Sen. Joni Ernst (R-IA), who is hoping the level of tax waste will be squashed by billionaire Elon Musk, the newly tapped co-leader of the Department of Government Efficiency.

In a letter to the Iowa senator sent on Nov. 8 and shared exclusively with the Washington Examiner, the IRS noted that of the 2,044 employees who reported having balances totaling more than $12 million, 860 employees still have not paid overdue taxes. Only 20 of the 70 employees who “willfully evaded” paying their taxes were removed.

“We haven’t seen a tax revolt like this since the Boston Tea Party,” Ernst said in a statement. “If hardworking Americans dodge taxes, they are faced with steep fines and imprisonment, but it appears that tax collectors in Washington believe those rules are for thee but not for me.”
https://www.washingtonexaminer.com/news/senate/3231378/over-800-irs-owe-millions-back-taxes-ernst-push-regular-audits/
-------------------------
Stephen Green:  Make Jodi Ernst the next IRS commissioner.
« Last Edit: November 19, 2024, 07:32:50 AM by Crafty_Dog »

Body-by-Guinness

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A Sketch of the Swamp
« Reply #378 on: November 19, 2024, 05:14:12 PM »
A pretty freaking good representation of how Deep State swamp creatures, corporate toadies, “Progressive” henchcritters, et al organize to impose their will on the rest of us:

https://brownstone.org/articles/a-diagram-of-elite-wickedness/

Body-by-Guinness

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Medicare Prescription’s Hall of Mirrors
« Reply #379 on: November 19, 2024, 08:51:04 PM »
Guess this could land in a medical thread, but given the deep impact administrative agencies have on every element here, I’ll drop it hear.

I’ll also note, as a soon to be retiree I’m sorting through all this crap currently. And yesterday I picked up a script for my wife from the pharmacy where I flirt with the pharmacy techs, one of whom told me “it would cost $25 if I put it through insurance, but only $5 if you pay out of pocket so I charged you $5.”

This nonsense is intentionally confusing and all sorts of Byzantine. If any of you have sage advice about navigating Medicare, I’m all ears.


How Medicare Is Causing Patients to Overpay for Prescription Drugs

November 19, 2024

By JOHN C. GOODMAN, LAWRENCE J. WEDEKIND

yacobchuk / 123rf

Also published in Health Affairs Mon. November 18, 2024

The price of prescription drugs has been a major talking point in this year’s elections. Having the government negotiate drug prices was a major change in federal policy—occasioned by the Inflation Reduction Act (IRA). Many want to go further, giving Medicare the power to enter more negotiations over more drugs.

Surprisingly, with policy makers focusing on the role of drug manufacturers, almost no attention has been paid to the way in which traditional Medicare (as opposed to Medicare Advantage plans) causes the elderly and people with disabilities to overpay for the drugs they use. This occurs for three reasons: traditional Medicare requires three separate insurance plans for comprehensive coverage, traditional Medicare drug plans are required to community rate, without adequate risk adjustment, and pharmacy benefit managers (PBMs) are able to calculate patients’ coinsurance based on list prices, rather than on the actual discounted prices the PBM pays the manufacturers.

A fourth factor will cause beneficiaries in all Medicare plans to pay more for drugs and drug insurance in the coming years. This will occur because of the little discussed fact that the IRA removes more than $300 billion of government funding from Medicare Part D over 10 years—leaving the market with no alternative but to shift costs to beneficiaries.

Three Premiums For Three Plans

Seniors in traditional Medicare usually pay separate premiums to three different insurers: one for Part B (for doctor care), which is administered by the government; a second for private Part D drug coverage; and a third for private Medigap insurance—to plug the holes in Parts A, B, and D.

Yet, because the suppliers of these three insurers have differing financial interests, the results are waste, inefficiency, and inferior patient care. For example, if a diabetic skips their insulin and other medications, that is profitable for the drug insurer—since these are expenses it doesn’t have to cover. However, if non-adherence to a drug regimen leads to emergency department visits and hospitalization, those are costs the other two insurers will have to bear.

The fact that the insurers have competing and opposing financial interests means that there is no possibility of alignment in traditional unmanaged Medicare with the goal of cost-effective, well-managed care.

Medicare Advantage (MA), which now provides Part D drug coverage to 57 percent of all beneficiaries, avoids this problem because there is typically only one premium paid to one plan. Since that plan is responsible for all the costs of care, the plan has an incentive to keep enrollees healthy at minimum cost. In general, the economic return to drug therapy is much higher than the return to doctor or hospital therapies. So, these plans have an incentive to encourage enrollees to take full advantage of drugs needed to treat chronic illnesses.

Perverse Incentives To Sacrifice The Sick For The Benefit Of The Healthy

When insurers are forced to community rate and there is no adequate risk adjustment—as is the case in freestanding Part D plans—they have an incentive to make their plans less attractive to the sick and more attractive to the healthy.

While this is a huge problem in the traditional Medicare program, it is avoided in Medicare Advantage (MA) because MA plans receive risk-adjusted premiums, based on the health conditions of the enrollees. This means that the healthy and the sick tend to be equally attractive to MA plans from a financial point of view.

Things are different for a traditional Medicare Part D plan. These plans make money when the healthy enroll, and they lose money on sick enrollees. Since healthy people tend to buy on price alone, these plans compete to get their premiums as low as possible. Since enrollees with high health care costs tend to look at the out-of-pocket exposure, the plans can discourage enrollment by the sick with high deductibles and high coinsurance payments.

Once enrollment has occurred, traditional Medicare Part D plans use the money they save by imposing high deductibles and coinsurance on costly drug consumers to subsidize lower premiums for enrollees who are relatively healthy. If the high drug consumers leave the plan, so much the better. The plan did not want them in the first place.

Exhibit 1 shows the effects of these incentives for a sample of plans in the Houston, Texas, area, where there is a lot of MA activity. The deductible is zero in the MA plans but is more than $500 in some of the traditional Medicare plans. Furthermore, the copayment and coinsurance rates are uniformly lower in the MA plans than in the traditional Medicare plans.

Not every MA Part D plan has a zero deductible, but based on our review of plans in the Houston areas, MA drug deductibles are almost always lower than traditional Medicare drug deductibles, and the same is true of cost sharing at the point of purchase.

Exhibit 1: Comparison of premiums, deductibles, and cost sharing under selected Medicare Advantage Part D plans versus traditional Medicare Part D plans, Houston area, Texas, 2024



Source: Authors’ analysis of data provided by IntegraNet Health.
Basing Patient Coinsurance On List Prices Instead Of Net Prices

Say a diabetic goes to a pharmacy where the list price of insulin is $100. Her 25 percent copayment amounts to $25. However, unbeknownst to her, the insurer is getting, say, a $90 rebate from the drug company that produces the insulin. That means that the real cost of the insulin to the insurer was only $10. So, a fair out-of-pocket charge to the patient would be only $2.50, not $25.

What happens to the savings that the insurer retains (or which a PBM captures on its behalf) by negotiating a rebate that is not shared with the patient? It is used to lower Part D premiums, thus causing the sick, who need drugs, to be overcharged at the pharmacy counter, while the relatively healthy are (arguably) undercharged when they pay insurance premiums.

In general, this problem seems to be avoided in the MA market. Based on our review of Houston-area Part D plans, the much lower coinsurance under MA suggests that the plans usually require PBMs to pass along rebates to the patients. The only reason MA plans charge deductibles and coinsurance at all is to discourage waste. That is, they do not want patients to acquire costly drugs they don’t intend to use. But they have no incentive to make the cost sharing so high that patients do not acquire their drugs at all because that would risk costly medical problems.

In the Houston area, Aetna, Cigna, Elevance (Anthem), SCAN, and VERDA Healthcare offer MA Part D plans that make maintenance drugs for the chronically ill completely free or available at a very nominal fee. SCAN Health Plan, a company operating special needs MA plans for diabetics, makes insulin available for free and provides free visits to an endocrinologist. In SCAN Health’s special needs plan for heart patients, there is no charge for cardiac maintenance drugs or visits to the cardiologist. VERDA Healthcare is another company that provides free insulin and other maintenance drugs to enrollees who have diabetes, heart health issues, and cardiovascular disease.

Both President Donald Trump and President Joe Biden have, at various times, claimed credit for capping the cost of insulin. What neither seemed to know is that MA Part D plans around the country have been charging $35 or less for insulin for years.

The IRA Raid On Part D Funding

Much has been said about the pros and cons of Medicare’s negotiation of drug prices under the IRA and about the wisdom of constraining price increases for new drugs to the rate of inflation. (For example, see the analysis by University of Chicago economists.) We have nothing to add to those debates.

Instead, we draw attention to a provision of the IRA whose near-term impact on patients swamps all other provisions of the bill combined by several orders of magnitude. This is the removal of more than $300 billion in government subsidies for Part D insurance over the next 10 years. It mainly consists of a retreat from subsidizing catastrophic drug expenses. The federal government, which once paid 80 percent of the cost of Part D catastrophic prescription drug spending (above $8,000 in 2024) is now, due to the IRA, paying 60 percent under Part D. That drops to 20 percent next year, and the bulk of that reduction is shifted to private insurance plans, with a smaller portion being shifted to drug manufacturers. Those costs will, inevitably, be borne by beneficiaries through higher drug prices and insurance higher premiums.

Other provisions of the IRA are already having an effect on premiums. From 2021 to 2024, the national average Part D premium under traditional Medicare has increased by 46 percent, from $41.60 per month to $60.92 per month. In nine states, the average premium has increased by more than 60 percent—including by 75 percent in Georgia and 84 percent in California. The reduction in federal funding this year will push those premiums even higher.

Administration officials have been in a panic over the possibility that premiums could double or even triple for this October’s open enrollment—right before the election. To avert that, we are now told the administration is preparing to give $7.2 billion to insurers in a premium stabilization “demonstration project,” that we believe is more accurately called a “bribe” to induce the insurers to keep their premiums down.

The demonstration faces a court challenge or two. But even if it gets the administration past this fall’s election, demonstrations do not go on forever. There is no way to avoid substantial premium hikes in the future without congressional legislation undoing much of what the IRA has done regarding catastrophic drug spending.

The $300 billion raid is almost never talked about by politicians who voted for the IRA. President Biden even said, “I will never cut Medicare,” after he had already signed the IRA. However, there has been a great deal of election-eve talk about next year’s $2,000 cap on out-of-pocket expenses for prescription drugs. Since the government is taking money away from Medicare on the net, this is not a freebie. Seniors will have to pay for the new benefit. We suspect most would be willing to do so if they knew the cost—estimated at a premium increase of $4.35 a month.

Many may think that is a price worth paying. Given how modest it is, we wonder why the cap was not imposed 20 years ago when Part D was created. Although this is perhaps the most talked about provision of the IRA, it is a small part of the overall impact. Without the “demonstration project,” next year’s premium increases could be 10 times that amount.

There is another way that the IRA penalizes seniors. As noted, drug plans are paying wholesale, while their enrollees’ coinsurance is based on retail. In 2020, the Trump administration sought to end this practice with a regulation requiring that manufacturers’ Part D rebate payments be applied to drug prices at the cash register—thus passing discounts directly to patients. According to Milliman, patients were expected to save almost $15 billion over the next 10 years. The IRA, however, delayed Trump’s regulation until 2032. Interestingly, the Congressional Budget Office (CBO) estimates that overcharging patients saves money for the government because patients purchase fewer drugs at the higher prices! In fact, the CBO says that keeping prices so high that patients can’t afford them (that is, delaying the Trump regulation) will save the government $26 billion in the year 2031.

All told, one study finds that less than six million people (less than 10 percent of Medicare beneficiaries) will see lower drug spending as a result of the IRA. Moreover, 69 percent of those with any savings at all will save less than $300. Meanwhile, the vast majority of beneficiaries can expect higher premiums and higher drug costs.

Conclusion

Studies of various aspects of the health care system consistently show that people respond to incentives by acting in their own economic self-interest. Furthermore, for-profit entrepreneurial firms tend to respond to changing incentives very quickly.

This is a good finding. It means that if we get the incentives right, entrepreneurs will rather quickly solve problems that otherwise might linger for decades.

The political problem is in getting the incentives right. All too often, that task appears unachievable.

 
JOHN C. GOODMAN is a Senior Fellow at the Independent Institute, author of Priceless: Curing the Healthcare Crisis and President of the Goodman Institute for Public Policy Research.
Twitter       Email
 
LAWRENCE J. WEDEKIND is Founder and CEO of IntegraNet Health, an Independent Practice Association focusing on Population Health Management in Texas.

https://www.independent.org/news/article.asp?id=15121

Crafty_Dog

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Cindy and I just met today with Blake Rhodes 910-916-8626 about exactly that.  We were EXTREMELY impressed with him!  Definitely recommend you give him a call.  Brownie points for us if you mention our name.

Body-by-Guinness

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Cindy and I just met today with Blake Rhodes 910-916-8626 about exactly that.  We were EXTREMELY impressed with him!  Definitely recommend you give him a call.  Brownie points for us if you mention our name.

Who is he with? FWIW the fact I’m in the state’s retirement system adds complications, some of which work out well for me. Don’t want to pester the gent if that ain’t something he’s versed in.

Crafty_Dog

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Trust me-- he is worth the call.  If he can't help you, he will tell you.

Crafty_Dog

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Ironic MSNBC (saved) headline: 'Laken Riley's killer never stood a chance"
« Reply #384 on: November 24, 2024, 02:34:46 AM »
"Laken Riley's killer never stood a chance"

Sorry, wasn't it Laken who never had a chance?

Killer had a clear choice, don't commit the crime, then your DNA won't be at the scene under victim's fingernails. There wouldn't be a victim. There wouldn't be an autopsy. There wouldn't be a dead young girl.

Don't come here illegally.

https://web.archive.org/web/20241122002957/https://www.msnbc.com/opinion/analysis/nursing-student-laken-riley-murder-guilty-jose-ibarra-rcna181256

Editors nixed this after it was published.

New headline:
https://www.msnbc.com/opinion/analysis/nursing-student-laken-riley-murder-guilty-jose-ibarra-rcna181256.

https://www.dailymail.co.uk/news/article-14114437/MSNBC-Laken-Riley-killer-chance-Jose-Ibarra.html
« Last Edit: November 24, 2024, 02:56:26 AM by DougMacG »

DougMacG

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Charts of HHS departments
« Reply #385 on: November 24, 2024, 07:48:15 AM »
It's already cut to the bone, there's really nothing left to cut...



https://www.cms.gov/about-cms/agency-information/cmsleadership/downloads/cms_organizational_chart.pdf

80 pages of charts like this at the link.
« Last Edit: November 24, 2024, 08:38:56 AM by Crafty_Dog »


Crafty_Dog

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FO: HHS exceeded authority
« Reply #387 on: December 10, 2024, 09:33:14 AM »


North Dakota federal Judge Daniel M. Traynor ruled the Department of Health and Human Services (HHS) exceeded its authority when it issued a rule extending Affordable Care Act (ACA) coverage to illegal immigrants in the Deferred Action for Childhood Arrivals (DACA) program, in a lawsuit brought by 19 states including North Dakota. According to Traynor, HHS attempted to redefine “lawfully present” to extend the ACA, which would “create a powerful incentive” for illegal immigrants to remain in states that filed the lawsuit.