One more time: “Do we really know who Donald Trump is, or where he came from?”

October 26, 2012

Donald Trump is at it again.  His $5 million offer to get Obama’s grades mystifies me, and irritates me (why doesn’t he just call Harvard, and see what GPA was required to graduate with the honors on Obama’s diploma?).  It’s clear Trump has not bothered to see whether information is available on Obama, but is instead attempting a political smear.

Should we be concerned at all?  David Letterman savaged Trump on his show October 24, but then invited Trump to appear on October 25, and let Trump get away without challenging most of his big whoppers.  Letterman seemed to sense he was not witnessing a political exposé, but instead was witness to the dying throes of a man whose talent and time seem to be restricted to hair design, these days.

Heh.  Why should we believe Donald Trump?  In addition to the manifold reasons you may have already accumulated to dismiss the guy as a crank and a crackpot, consider that we don’t have a clue about his bona fides.

Who is Donald Trump, really?  I posted this originally in February 2011 — and since then, Trump has failed to release any whiff of evidence to clear up his murky background.  He’s not released his birth certificate (except a forgery), he’s not been able to establish that he ever attended a college in America.   In short, he’s vulnerable exactly to the type of unfair and churlish attack he’s making on President Obama.

Here’s how it unfolds:

Donald Trump demonstrated his ability to spread hoax information at the CPAC Conference recently — a group who love to hear hoaxes and spread them, as much as fourth-grade boys love to hear and spread jokes about flatulence.

But can he take it?  [Note the hoax insinuations below are underlined.]  Could Donald Trump withstand the kind of attack* he made on President Obama?

I mean, he claims President Obama may not have attended Columbia because Trump hasn’t personally interviewed anyone who knew him there — despite years of stories in alumni magazines, major media interviews with the people who knew Obama there, etc., etc.

Donald Trump and unidentified woman

Gratuitous picture that makes trump look funny or evil, with gratuitously misleading caption: “Donald Trump wants people to stop asking why no one, in America, can remember his high school and college days.” Alternative caption: “Donald Trump, two of his closest friends and an unnamed woman discuss politics and government policy.”

Does Trump have room to talk?  His Wikipedia bio claims he attended Fordham University for a brief period (got kicked out, maybe?), but didn’t graduate.  It claims he got an undergraduate degree from the Wharton School in Pennsylvania.

A search found no one from Wharton who remembers Donald Trump as a student there.  Jon Huntsman, the founder of Huntsman Container and Huntsman Chemical, the guy who invented the “clamshell box” for McDonalds, is one of the most famous and wealthy Wharton grads (and also the father of Jon Huntsman, Jr., the recently resigned Obama Ambassador to China).  He never saw Trump on campus at Wharton.  James DePriest, the outstanding conductor now with the Oregon Symphony (and fun to watch, trust me) — he never ran into Trump on campus when he attended Wharton.  There’s no record of Trump having had a roommate there. Alan Rachins, the famous actor who graduated from Wharton — not only never took a class with Trump, but said he never heard of Trump attending classes at the time.

Who is Donald Trump?  Where did he come from?  How come no one remembers him?

But the fog gets inkier.

Trump was not only a football standout in high school, he was a social standout, winning awards for his community involvement (although, no one at the high school in his hometown remembers his attending classes there).

But during the time he claims to have attended Fordham, no one remembers him.  No social standout.  No football hero.  Was he ever really at Fordham?

And what about his odd religious beliefs?  There are jokes about his worship of money — but what sort of religion would lead a man to claim that the 2008 economic collapse was “an Act of God?”  Yes, he really believes that.  His “god” appears to have a grudge against the United States and its economy.  Even in his greatest economic ventures, he pays homage to Muslim Hindu religious landmarksWhat is his secret agenda on religion?

Where did Donald Trump come from?  Why does no one in his hometown high school remember him?  Why did he drop out of sight at the time he claims to have attended Fordham University?  Did he buy his way into a listing as an alumnus of Wharton, after so many Wharton grads don’t remember seeing him there?   Who can trust a guy who worships (if he does worship at all) a “god” who strikes down the U.S. economy?

Who is Donald Trump?  Why did no one at CPAC check his questionable credentials before giving Trump a national platform?  Why is CPAC mum about this entire affair?  Why did Fox News conspire to obscure the message and candidacy of Ron Paul, with their new darling, Donald Trump?

Worse for Trump, most of the things in this screed are factually accurate.  Those who live by the inaccurate spin can die by it, too.

Scarier:  Which conservative sites will have the guts to question** Trump’s secret credentials?

Read more here, at Oh, For Goodness Sake [archived here] (and here at “Donald Trump Pants On Fire”), and here, at PolitiFact.

_____________________________

*   That is, “completely hoaxed up.”

**  Oh, yeah — that should have read, “gullibility to fall for.”  When will the blog owner correct that glaring error?***

*** Not until Trump apologizes to President Obama.

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Why Obama Now?

October 7, 2012

Obama’s own words, with animation provided by Lucas Gray, a veteran animator from The Simpsons and Family Guy.

Andre Tartar wrote about it at the New York Magazine website:

Your average campaign ad involves lots of black and white B-roll, ominous music, and floating newspaper headlines. So this nearly 4-minute illustrated reel by Lucas Gray, a veteran of the Simpsons and Family Guy animation departments, is a welcome bit of color. Using audio from a speech President Obama gave at the Associates Press Luncheon in April, “Why Obama Now” is a jaunty mix of cartoon Americans driving their Model T Fords off the assembly line onto the American Dream, graphs and charts sprouting up as the president rattles off statistics, and little bobblehead meanies providing comic relief: Bush and Cheney with a pile of gold (the Clinton surplus), Sarah Palin, Bill O’Reilly, and the rest of the conservative pundit gang. It also includes the best (though not most convincing) explanation of trickle-down economics we’ve seen yet: “If you feed the horse enough oats, some will pass through to the sparrows.”

At the website for WhyObamaNow.org, the sources are listed:

  1. Obama’s speech to the Associated Press luncheon on April 3, 2012, at the Marriott Wardman Park
  2. Other sources for graphs shown throughout the video
  3. Transcript of the entire speech

The entire speech (58 minutes — 36 minutes for the prepared text, plus Q&A):


If President Obama could visit your kitchen table . . .

September 29, 2012

From the Obama campaign:

During the last weeks of this campaign there will be debates, speeches and more ads. But if I could sit down with you in your living room or around the kitchen table here’s what I’d say:

When I took office we were losing nearly 800,000 jobs a month and were mired in Iraq. Today I believe that as a nation we are moving forward again. But we have much more to do to get folks back to work and make the middle class secure again.

Now, Governor Romney believes that with that even bigger tax cuts for the wealthy and fewer regulations on Wall Street all of us will prosper. In other words he’d double down on the same trickle down policies that led to the crisis in the first place. So what’s my plan?

First, we create a million new manufacturing jobs and help businesses double their exports. Give tax breaks to companies that invest in America, not that ship jobs overseas.

Second, we cut our oil imports in half and produce more American-made energy, oil, clean-coal, natural gas, and new resources like wind, solar and bio-fuels—all while doubling the fuel efficiencies of cars and trucks.

Third, we insure that we maintain the best workforce in the world by preparing 100,000 additional math and science teachers. Training 2 million Americans with the job skills they need at our community colleges. Cutting the growth of tuition in half and expanding student aid so more Americans can afford it.

Fourth, a balanced plan to reduce our deficit by four trillion dollars over the next decade on top of the trillion in spending we’ve already cut, I’d ask the wealthy to pay a little more. And as we end the war in Afghanistan let’s apply half the savings to pay down our debt and use the rest for some nation building right here at home.

It’s time for a new economic patriotism. Rooted in the belief that growing our economy begins with a strong, thriving middle class. Read my plan. Compare it to Governor Romney’s and decide for yourself. Thanks for listening.

Read the President’s plan: http://OFA.BO/SAzDgd


Presidential debate on science; here are the answers

September 15, 2012

You’ve seen that button in the right hand column for several weeks now, “Submit a science question for the candidates for  president.”  Second time in a row, we didn’t get a separate debate on science issues.   Next best thing, maybe:  The major candidates agreed to answer submitted questions.

The Top American Science Questions: 2012

“Whenever the people are well-informed,” Thomas Jefferson wrote, “they can be trusted with their own government.”

Science now affects every aspect of life and is an increasingly important topic in national policymaking.

ScienceDebate.org invited thousands of scientists, engineers and concerned citizens to submit what they felt were the the most important science questions facing the nation that the candidates for president should be debating on the campaign trail.

ScienceDebate then worked with the leading US science and engineering organizations listed at left to refine the questions and arrive at a universal consensus on what the most important science policy questions facing the United States are in 2012.

Candidates readily debate jobs and the economy even though they are not economists; they debate foreign policy and military intervention even though they are not diplomats or generals; they debate faith and values even though they are not priests or pastors. We call on the candidates for President to also debate these Top American Science Questions that affect all voters’ lives.

Candidates’ Answers, a Side by Side Comparison

Barack ObamaBarack Obama’s answers to the Top American Science Questions, September 4, 2012 Mitt RomneyMitt Romney’s answers to the Top American Science Questions, September 4, 2012
Click on these key words to be taken back to ScienceDebate’s website and this debate:

Innovation | Climate Change | Research and the Future | Pandemics and Biosecurity
Education | Energy | Food | Fresh Water | The Internet | Ocean Health
Science in Public Policy | Space | Critical Natural Resources | Vaccination and Public Health

1. Innovation and the Economy. Science and technology have been responsible for over half of the growth of the U.S. economy since WWII, when the federal government first prioritized peacetime science mobilization. But several recent reports question America’s continued leadership in these vital areas. What policies will best ensure that America remains a world leader in innovation?
Barack Obama: I believe that in order to be globally competitive in the 21st century and to create an American economy that is built to last, we must create an environment where invention, innovation, and industry can flourish. We can work together to create an economy built on American manufacturing, American energy, and skills for American workers.I am committed to doubling funding for key research agencies to support scientists and entrepreneurs, so that we can preserve America’s place as the world leader in innovation, and strengthen U.S. leadership in the 21st century’s high-tech knowledge-based economy. To prepare American children for a future in which they can be the highly skilled American workers and innovators of tomorrow, I have set the goal of preparing 100,000 science and math teachers over the next decade. These teachers will meet the urgent need to train one million additional science, technology, engineering and math (STEM) graduates over the next decade. Mitt Romney:Innovation is the key to economic growth and job creation, and increasingly important to American competitiveness in the global economy. Three-quarters of all U.S. economic growth, and three-quarters of the U.S. productivity advantage over other OECD nations, is directly attributable to innovation, and wages in innovation-intensive industries have grown more than twice as fast as other wages in recent decades.My plan for a stronger middle class will rebuild the American economy on the principles of free enterprise, hard work, and innovation. The promotion of innovation will begin on Day One, with efforts to simplify the corporate tax code, reform job retraining programs, reduce regulatory burdens, and protect American intellectual property around the world.A Growth AgendaOver the course of my campaign, I have laid out a detailed economic plan that seeks to strengthen the American economy by empowering entrepreneurs and workers and rewarding innovation. This plan emphasizes critical structural adjustments to promote growth rather than short-term fixes.

  • Human Capital. We must reform America’s legal immigration system to attract and retain the best and the brightest, and equip more Americans with the skills to succeed. I will raise visa caps for highly skilled foreign workers, offer permanent residence to foreign students graduating with advanced degrees in relevant fields, and restructure government retraining programs to empower individual workers and welcome private sector participation.
  • Taxes. We must pursue fundamental tax reform that simplifies the tax code, broadens the tax base, and lowers tax rates. I will lower the corporate tax rate to 25 percent, strengthen and make permanent the R&D tax credit, and transition to a territorial tax system. I will cut individual income tax rates across the board, and maintain today’s low tax rates on investment. And I will ensure that these changes are made permanent, so that investors and entrepreneurs are not confronted with a constantly shifting set of rules.
  • Regulation. We must reduce the power of unaccountable regulators by requiring that all major regulations receive congressional approval and by imposing a regulatory cap that prevents the addition of new regulatory costs. In a Romney Administration, agencies will have to limit the costs they are imposing on society and recognize that their job is to streamline and reduce burdens, not to add new ones.
  • Trade. We must open new markets for American businesses and workers. I will create a Reagan Economic Zone encompassing nations committed to the principles of free enterprise. At the same time, I will confront nations like China that steal intellectual property from American innovators while closing off American access to their markets.

A Foundation for Innovation

The private sector is far more effective at pursuing and applying innovation than government could ever be. However, there are key areas in which government policy must strengthen the ability of the private sector to innovate effectively.

  • Education. America’s K-12 education system lags behind other developed nations, and while our higher education system remains the envy of the world its costs are spiraling out of control. We must pursue genuine education reform that puts the interests of parents and students ahead of special interests and provides a chance for every child. I will take the unprecedented step of tying federal funds directly to dramatic reforms that expand parental choice, invest in innovation, and reward teachers for their results instead of their tenure. I will also ensure that students have diverse and affordable options for higher education to give them the skills they need to succeed after graduation.
  • Basic Research. President Obama’s misguided attempts to play the role of venture capitalist, pick winners and losers, and spend tens of billions of dollars on politically-prioritized investments have been a disaster for the American taxpayer. Yet at the same time, we must never forget that the United States has moved forward in astonishing ways thanks to national investment in basic research and advanced technology. As president, I will focus government resources on research programs that advance the development of knowledge, and on technologies with widespread application and potential to serve as the foundation for private sector innovation and commercialization.
2. Climate Change. The Earth’s climate is changing and there is concern about the potentially adverse effects of these changes on life on the planet. What is your position on cap-and-trade, carbon taxes, and other policies proposed to address global climate change—and what steps can we take to improve our ability to tackle challenges like climate change that cross national boundaries?
Barack Obama: Climate change is the one of the biggest issues of this generation, and we have to meet this challenge by driving smart policies that lead to greater growth in clean energy generation and result in a range of economic and social benefits. Since taking office I have established historic standards limiting greenhouse gas emissions from our vehicles for the first time in history. My administration has made unprecedented investments in clean energy, proposed the first-ever carbon pollution limits for new fossil-fuel-fired power plants and reduced carbon emissions within the Federal Government. Since I took office, the U.S. is importing an average of 3 million fewer barrels of oil every day, and our dependence on foreign oil is at a 20-year low. We are also showing international leadership on climate change, reaching historic agreements to set emission limits in unison with all major developed and developing nations. There is still more to be done to address this global problem. I will continue efforts to reduce our dependence on oil and lower our greenhouse gas emissions while creating an economy built to last. Mitt Romney:I am not a scientist myself, but my best assessment of the data is that the world is getting warmer, that human activity contributes to that warming, and that policymakers should therefore consider the risk of negative consequences. However, there remains a lack of scientific consensus on the issue — on the extent of the warming, the extent of the human contribution, and the severity of the risk — and I believe we must support continued debate and investigation within the scientific community.Ultimately, the science is an input to the public policy decision; it does not dictate a particular policy response. President Obama has taken the view that if global warming is occurring, the American response must be to slash carbon dioxide emissions by imposing enormous costs on the U.S. economy. First he tried a massive cap-and-trade bill that would have devastated U.S. industry. When that approach was rejected by Congress, he declared his intention to pursue the same course on his own and proceeded through his EPA to impose rules that will bankrupt the coal industry.Nowhere along the way has the President indicated what actual results his approach would achieve — and with good reason. The reality is that the problem is called Global Warming, not America Warming. China long ago passed America as the leading emitter of greenhouse gases. Developed world emissions have leveled off while developing world emissions continue to grow rapidly, and developing nations have no interest in accepting economic constraints to change that dynamic. In this context, the primary effect of unilateral action by the U.S. to impose costs on its own emissions will be to shift industrial activity overseas to nations whose industrial processes are more emissions-intensive and less environmentally friendly. That result may make environmentalists feel better, but it will not better the environment.So I oppose steps like a carbon tax or a cap-and-trade system that would handicap the American economy and drive manufacturing jobs away, all without actually addressing the underlying problem. Economic growth and technological innovation, not economy-suppressing regulation, is the key to environmental protection in the long run. So I believe we should pursue what I call a “No Regrets” policy — steps that will lead to lower emissions, but that will benefit America regardless of whether the risks of global warming materialize and regardless of whether other nations take effective action.

For instance, I support robust government funding for research on efficient, low-emissions technologies that will maintain American leadership in emerging industries. And I believe the federal government must significantly streamline the regulatory framework for the deployment of new energy technologies, including a new wave of investment in nuclear power. These steps will strengthen American industry, reduce greenhouse gas emissions, and produce the economically-attractive technologies that developing nations must have access to if they are to achieve the reductions in their own emissions that will be necessary to address what is a global issue.

3. Research and the Future. Federally funded research has helped to produce America’s major postwar economies and to ensure our national security, but today the UK, Singapore, China, and Korea are making competitive investments in research. Given that the next Congress will face spending constraints, what priority would you give to investment in research in your upcoming budgets?
Barack Obama: I strongly support investments in research and development that help spur America innovation and proposed a goal that, as a country, we invest more than 3 percent of our GDP in public and
private research and development—exceeding the level achieved at the height of the space race. That’s why, under the Recovery Act, my administration enacted the largest research and development increase in our nation’s history. Through the Recovery Act, my Administration committed over $100 billion to support groundbreaking innovation with investments in energy, basic research, education and training, advanced vehicle technology, health IT and health research, high speed rail, smart grid, and information technology. Of these funds, we made a $90 billion investment in clean energy that will produce as much as $150 billion in clean energy projects. In fact, the Recovery Act made the largest single investment in clean energy in American history. And our investments in energy not only focus on research, but on the deployment of these new technologies.We have invested highly in important research being done to improve the health and wellness of all Americans so that we can continue to unravel clues to treating or preventing some of life’s most daunting and debilitating diseases, develop powerful new medicines, and even define strategies that will prevent disease from occurring in the first place. We have also made critical investments in research and development to bolster our national security and defense. And my budget continues to support making permanent the R&D tax credit, which would allow businesses the ability to invest and grow their organizations. While making tough choices, we will continue to prioritize investments in research to ensure that our country remains a global leader and that Americans can remain innovators, working to better their lives and the lives around them.
Mitt Romney:As I noted above, I am a strong supporter of federally funded research, and continued funding would be a top priority in my budget. The answer to spending constraints is not to cut back on crucial investments in America’s future, but rather to spend money more wisely. For instance, President Obama spent $90 billion in stimulus dollars in a failed attempt to promote his green energy agenda. That same spending could have funded the nation’s energy research programs at the level recommended in a recent Harvard University study for nearly twenty years.Good public policy must also ensure that federal research is being amplified in the private sector, and that major breakthroughs are able to make the leap from the laboratory to the marketplace. Unfortunately, President Obama has pursued policies across a range of fields that will have the opposite effect. For instance, Obamacare imposes an excise tax on the revenue of medical device companies that is already driving jobs and investment overseas. Meanwhile, the FDA’s slow and opaque approval process is rated less than one-fourth as effective as its European counterpart by medical technology companies. Robust NIH funding will only have its desired effect if paired with sensible policies that facilitate medical innovation more broadly.
4. Pandemics and Biosecurity. Recent experiments show how Avian flu may become transmissible among mammals. In an era of constant and rapid international travel, what steps should the United States take to protect our population from emerging diseases, global pandemics and/or deliberate biological attacks?
Barack Obama: We all are aware that the world is becoming smaller every day. Advancements in technology allow Americans to travel internationally with ease, and allow us to welcome individuals from around the world. This fluidity also requires that we, as a nation, are cognizant to the threats we face and are prepared to protect against them. I will continue to work to strengthen our systems of public health so we can stop disease from spreading across our borders. It is also important that should these threats breach our borders, our communities can respond quickly, effectively, with the greatest impact, and with the fewest consequences. Lastly, to help our country prepare to meet these challenges, we have been working with the private sector to assess potential vulnerabilities. I have no doubt that we can counter any threat we face, but we cannot face it alone. We must continue to work with our international partners, remain diligent in seeking out new threats, and prepare to act should a need arise. Mitt Romney:Pandemics are not new — they have happened at different points throughout human history. And it is a certainty that, at some point in the future, they will happen again. Fortunately, America today is better prepared than ever to face a pandemic. In part, this is because researchers are learning so much more about infectious diseases, how they work, and how they spread. Unfortunately, globalization has enabled the spread of these diseases much more rapidly from previously remote corners of the world to the busiest airports and cities.To further improve preparedness, we must continue to invest in the best public health monitoring systems that can be built. I will also encourage advancements in research and manufacturing to increase scientific understanding of new pathogens and improve response time when they emerge. The development of new countermeasures, from diagnostics to antibiotics and antivirals to respirators, will help protect human lives in the face of new bugs and superbugs.Unfortunately, the Obama Administration has taken numerous steps that are stifling medical innovation. He has imposed new taxes on innovative companies. He has empowered bureaucrats to manage the marketplace. His FDA has slowed the drug development process and inserted requirements that drive up the cost of developing new antibiotics. A robust public health system is only as strong as the tools available, and I will empower the private sector to pursue the breakthroughs that will equip society for the health challenges of the twenty-first century.
5. Education. Increasingly, the global economy is driven by science, technology, engineering and math, but a recent comparison of 15-year-olds in 65 countries found that average science scores among U.S. students ranked 23rd, while average U.S. math scores ranked 31st. In your view, why have American students fallen behind over the last three decades, and what role should the federal government play to better prepare students of all ages for the science and technology-driven global economy?
Barack Obama: An excellent education remains the clearest, surest route to the middle class. To compete with other countries we must strengthen STEM education. Early in my administration, I called for a national effort to move American students from the middle to the top of the pack in science and math achievement. Last year, I announced an ambitious goal of preparing 100,000 additional STEM teachers over the next decade, with growing philanthropic and private sector support. My “Educate to Innovate” campaign is bringing together leading businesses, foundations, non-profits, and professional societies to improve STEM teaching and learning. Recently, I outlined a plan to launch a new national STEM Master Teacher Corps that will be established in 100 sites across the country and be expanded over the next four years to support 10,000 of the best STEM teachers in the nation. These investments would improve the quality of STEM education at all levels, ensuring the next generation of Americans has the tools to out-innovate and out-compete the rest of the world. Mitt Romney:The education challenges America faces are not new. Since A Nation at Riskwas published almost thirty years ago, our country has understood the urgent need for reform. Yet today, fewer than 75 percent of freshmen graduate within four years of entering high school, and far too many who do graduate require remediation when they enroll in college. In a recent survey of more than 10,000 of its graduates, the Harvard Business School identified America’s K-12 education system as one of our nation’s greatest competitive weaknesses — only the dysfunction of our political system itself scored worse. Recent test results showing U.S. students lagging behind their international peers are unacceptable in their own right, and a sobering warning of a potential decline threatening our nation’s future.Politicians have attempted to solve these problems with more spending. But while America’s spending per student is among the highest in the world, our results lag far behind. We spend nearly two-and-a-half times as much per pupil today, in real terms, as in 1970, but high school achievement and graduation rates have stagnated. Higher spending rarely correlates with better results. Even the liberal Center for American Progress acknowledged in a recent study that “the literature strongly calls into question the notion that simply investing more money in schools will result in better outcomes,” and reported from its own research that most states showed “no clear relationship between spending and achievement” even after adjusting for other factors like the cost of living.Unfortunately, rather than embracing reform and innovation, America remains gridlocked in an antiquated system controlled to a disturbing degree by the unions representing teachers. The teachers unions spend millions of dollars to influence the debate in favor of the entrenched interests of adults, not the students our system should serve. The efforts of teachers will be central to any successful reform, but their unions have a very different agenda: opposing innovation that might disrupt the status quo while insulating even the least effective teachers from accountability. Sadly, these priorities do not correlate with better outcomes for our children. To the contrary, teachers unions are consistently on the front lines fighting against initiatives to attract and retain the best teachers, measure performance, provide accountability, or offer choices to parents.Real change will come only when the special interests take a back seat to the interests of students. Across the nation, glimmers of success offer reason for hope. Charter school networks such as the KIPP Academies, Uncommon Schools, and Aspire Public Schools are producing remarkable results with students in some of our nation’s most disadvantaged communities. Florida Virtual School and other digital education providers are using technology in new ways to personalize instruction to meet students’ needs. In Massachusetts, whose schools have led the nation since my time as governor, students’ math achievement is comparable to that of the top-performing national school systems worldwide. In our nation’s capital, the D.C. Opportunity Scholarship Program has achieved high school graduation rates above 90 percent in inner-city communities where barely half of public school students are earning their diplomas. These successes point the way toward genuine reform.

My agenda for K-12 education is organized around the following principles:

Promoting Choice and Innovation. Empowering parents with far greater choice over the school their child attends is a vital component of any national agenda for education reform. To start, low-income and special-needs children must be given the freedom to choose the right school and bring funding with them. These students must have access to attractive options, which will require support for the expansion of successful charter schools and for greater technology use by schools.

Ensuring High Standards and Responsibility for Results. States must have in place standards to ensure that every high school graduate is prepared for college or work and, through annual testing, hold both students and educators accountable for meeting them. The results of this testing, for both their own children and their schools, must be readily available to parents in an easy to understand format.

Recruiting and Rewarding Great Teachers. A world-class education system requires world-class teachers in every classroom. Research confirms that students assigned to more effective teachers not only learn more, but they also are also less likely to have a child as a teenager and more likely to attend college. Policies for recruitment, evaluation, and compensation should treat teachers like the professionals they are, not like interchangeable widgets.

A full white paper describing my approach to education reform is available at MittRomney.com.

6. Energy. Many policymakers and scientists say energy security and sustainability are major problems facing the United States this century. What policies would you support to meet the demand for energy while ensuring an economically and environmentally sustainable future?
Barack Obama: Since taking office, I have supported an all-of-the-above energy approach that will allow us to take control of our energy future, one where we safely and responsibly develop America’s many energy resources – including natural gas, wind, solar, oil, clean coal, and biofuels – while investing in clean energy and increasing fuel efficiency standards to reduce our dependence on foreign oil.I know the country that harnesses the power of clean, renewable energy will lead the global economy in the 21st century. That’s why I have made the largest investment in clean energy and energy efficiency in American history and proposed an ambitious Clean Energy Standard to generate 80 percent of our electricity from clean energy sources like wind, solar, clean coal, and natural gas by 2035. Since taking office, electricity production from wind and solar sources has already more than doubled in the United States. We are boosting our use of cleaner fuels, including increasing the level of ethanol that can be blended into gasoline and implementing a new Renewable Fuel Standard that will save nearly 14 billion gallons of petroleum-based gasoline in 2022. America has regained its position as the world’s leading producer of natural gas. My administration is promoting the safe, responsible development of America’s near 100-year supply of natural gas that will help support more than 600,000 jobs. Because of these actions, we are positioning ourselves to have cleaner and cheaper sources of fuel that make us more energy secure and position the U.S. as a world leader in the clean energy economy. Mitt Romney:A crucial component of my plan for a stronger middle class is to dramatically increase domestic energy production and partner closely with Canada and Mexico to achieve North American energy independence by 2020. While President Obama has described his own energy policy as a “hodgepodge,” sent billions of taxpayer dollars to green energy projects run by political cronies, rejected the Keystone XL Pipeline as not in “the national interest,” and sought repeatedly to stall development of America’s domestic resources, my path forward would establish America as an energy superpower in the 21st century.The goal of energy independence has long proved elusive, but analysts across the spectrum — energy experts, investment firms, even academics at Harvard University — now recognize that surging U.S. energy production, combined with the resources of America’s neighbors, can meet all of the continent’s energy needs within a decade. The key is to embrace these resources and open access to them.A successful national energy strategy will have a fundamental influence on the well-being of the nation. An expansion in the affordable, reliable supply of domestically produced energy can bolster the competitiveness of virtually every industry within the country, creating millions of new jobs from coast to coast. With fewer energy imports and more exports of manufactured goods, America’s trade deficit will decline and the dollar will strengthen.The benefits even extend beyond immediate economic growth. The lease payments, royalties, and taxes paid to the American people in return for the development of the nation’s resources can yield literally trillions of dollars in new government revenue. Lower energy prices can ease the burdens on household budgets. And all Americans can rest assured that the nation’s security is no longer beholden to unstable but oil-rich regions half way around the world.

I have put forward a six-part plan for achieving these goals. First, I will empower states to control onshore energy development, including on federal lands within their borders. Second, I will open offshore areas to development. Third, I will pursue a North American Energy Partnership so that America can benefit from the resources of its neighbors. Fourth, I will ensure accurate assessment of the nation’s energy resources by updating decades-old surveys that do not reflect modern technological capabilities. Fifth, I will restore transparency and fairness to permitting and regulation. And sixth, I will facilitate private-sector-led development of new energy technologies.

Throughout this agenda, I remain committed to implementing and enforcing strong environmental protections that ensure all energy development activity is conducted in a safe and responsible manner. But whereas President Obama has used environmental regulation as an excuse to block the development of resources and the construction of infrastructure, I will pursue a course that designs regulation not to stifle energy production but instead to facilitate responsible use of all energy sources — from oil and coal and natural gas, to nuclear and hydropower and biofuels, to wind and solar. Energy development, economic growth, and environmental protection can go hand-in-hand if the government focuses on transparency and fairness instead of seeking to pick winners and repay political favors.

A full white paper describing my plan for energy independence is available at MittRomney.com.

7. Food. Thanks to science and technology, the United States has the world’s most productive and diverse agricultural sector, yet many Americans are increasingly concerned about the health and safety of our food. The use of hormones, antibiotics and pesticides, as well as animal diseases and even terrorism pose risks. What steps would you take to ensure the health, safety and productivity of America’s food supply?
Barack Obama: Since taking office, I have been working to safeguard our food supply, prevent foodborne illnesses and improve consumers’ knowledge about the food they eat.When I started, our food safety system needed to be modernized. One in four people were getting sick every year due to food-borne illness, and children and the elderly were more at risk. I signed the most comprehensive reform of our nation’s food safety laws in more than 70 years – giving the Food and Drug Administration the resources, authority and tools needed to make real improvements to our food safety system. We have strengthened standards, prevented food from being contaminated with dangerous bacteria, bolstered surveillance used to detect contamination problems earlier, and responded to illness outbreaks faster.I am also working to bolster the use of organic farming methods and minimize pesticides and antibiotics in our food. I set the ambitious goal to increase the number of certified organic operations by 20 percent – and we expect to meet that target. I am protecting human health by ensuring that the foods the American public eats will be free from unsafe levels of pesticides by making sure that all new, and even older pesticides, comply with strict science-based health standards. We are also making sure safer pesticides get to market faster, so that we can decrease the use of those pesticides that have higher risks of health impacts. And my administration is taking steps to limit antibiotic use for livestock. This will help ensure that antibiotics are used only address diseases and health problems, and not for enhancing growth and other production purposes. And I will continue to work on food safety issues to ensure that public health is the priority in our food safety system. Mitt Romney:Food safety is crucial to both the health and safety of the American people and the economic strength of the agriculture sector as it serves both this nation and export markets around the world. Businesses and workers in America’s agriculture system, from farmers and ranchers to packager and processors to grocers and restaurants, work incredibly hard to provide peace of mind to the hundreds of millions they feed every year. Government regulators play an important role in this system, monitoring products and processes while taking rapid action when problems do arise.Preventive practices are the best tool to reduce the incidence of food-borne illnesses because they provide the greatest control over the potential risks of contamination and are generally the most cost-effective. These practices are best developed by growers, handlers, processors, and others in the supply chain with specific knowledge of the risks, diversity of operations in the industry, and feasibility of potential mitigation strategies.In a Romney Administration, the FDA will work closely with industry, and collaborate with researchers and state agencies, to develop specific guidance for the commodities most often associated with food-borne illness outbreaks. With advanced research and continued scientific breakthroughs, state-of-the-art monitoring, and a collaborative instead of combative relationship between regulators and businesses, America’s food system will continue to be the world’s best.
8. Fresh Water. Less than one percent of the world’s water is liquid fresh water, and scientific studies suggest that a majority of U.S. and global fresh water is now at risk because of increasing consumption, evaporation and pollution. What steps, if any, should the federal government take to secure clean, abundant fresh water for all Americans?
Barack Obama: I am working to ensure the integrity of the water Americans rely on every day for drinking, swimming and fishing, and that support farming, recreation, tourism and economic growth. My Administration released a national clean water framework aimed at developing a comprehensive approach to protecting the health of America’s waters. Through partnerships with communities around the country, we are working to improve water quality, restore rivers and critical watersheds, and we are making headway in ensuring that our nation’s waters best serve its people.To help with water scarcity concerns in the West and elsewhere, I am supporting water conservation programs. My administration has awarded 92 grants to water conservation projects that will save enough water for an estimated 950,000 people. We are also working collaboratively with communities around the country on how to best manage freshwater resources in a changing climate, in order to ensure adequate water supplies and protect water quality.Having clean water isn’t enough if people don’t have access to it, which is why we are also working to improve access to clean water for rural American’s and border counties. Already, my administration has invested in 5,100 water and waste water community infrastructure projects to safeguard the health of 18 million rural residents and support 135,000 jobs. This past summer, we also streamlined the process to improve water quality along the US-Mexico border that previously didn’t have the right water facilities to ensure clean water.By working together, we can continue to build on these achievements and find more efficient ways to use the water available, conserve where we can, protect jobs, and secure safe drinking water for all Americans today and for years to come. Mitt Romney:America has made extraordinary environmental progress in recent decades thanks to the laws that protect our air and water. But while these laws have served us well, they have not been modernized in over twenty years and are now significantly out of date. Our communities and businesses must contend with excessively costly and inflexible approaches that impose unnecessary economic constraints and trigger inevitable litigation. The result is to delay progress that could be achieved, and to leave communities and natural resources worse instead of better off.I will modernize the federal laws and regulations governing water use to enable smarter, more collaborative, more flexible, and more cost-effective approaches that welcome state and local participation as partners and leaders. A combination of incentives, market-based programs, and cooperative conservation measures will improve the water quality of our lakes, rivers, streams and coastal environments. Through a renewed focus on research and technology in both the private and public sectors, America can meet the growing challenge of maintaining and improving the nation’s drinking water and sanitation infrastructure.
9. The Internet. The Internet plays a central role in both our economy and our society. What role, if any, should the federal government play in managing the Internet to ensure its robust social, scientific, and economic role?
Barack Obama: A free and open Internet is essential component of American society and of the modern economy. I support legislation to protect intellectual property online, but any effort to combat online piracy must not reduce freedom of expression, increase cybersecurity risk, or undermine the dynamic, innovative global Internet. I also believe it is essential that we take steps to strengthen our cybersecurity and ensure that we are guarding against threats to our vital information systems and critical infrastructure, all while preserving Americans’ privacy, data confidentiality, and civil liberties and recognizing the civilian nature of cyberspace. Mitt Romney:It is not the role of any government to “manage” the Internet. The Internet has flourished precisely because government has so far refrained from regulating this dynamic and essential cornerstone of our economy. I would rely primarily on innovation and market forces, not bureaucrats, to shape the Internet and maximize its economic, social and scientific value.Thanks to the non-governmental multi-stakeholder model, the Internet is — and always has been — open to all ideas and lawful commerce as well as bountiful private investment. Unfortunately, President Obama has chosen to impose government as a central gatekeeper in the broadband economy. His policies interfere with the basic operation of the Internet, create uncertainty, and undermine investors and job creators.Specifically, the FCC’s “Net Neutrality” regulation represents an Obama campaign promise fulfilled on behalf of certain special interests, but ultimately a “solution” in search of a problem. The government has now interjected itself in how networks will be constructed and managed, picked winners and losers in the marketplace, and determined how consumers will receive access to tomorrow’s new applications and services. The Obama Administration’s overreaching has replaced innovators and investors with Washington bureaucrats.In addition to these domestic intrusions, there are also calls for increased international regulation of the Internet through the United Nations. I will oppose any effort to subject the Internet to an unaccountable, innovation-stifling international regulatory regime. Instead, I will clear away barriers to private investment and innovation and curtail needless regulation of the digital economy.
10. Ocean Health. Scientists estimate that 75 percent of the world’s fisheries are in serious decline, habitats like coral reefs are threatened, and large areas of ocean and coastlines are polluted. What role should the federal government play domestically and through foreign policy to protect the environmental health and economic vitality of the oceans?
Barack Obama: I am committed to ensuring that our nation’s vast natural resources are used responsibly, and that we maintain healthy oceans and coasts. By establishing a National Ocean Policy, I made it a priority of the federal government to ensure a proactive approach to improving the conservation of the ocean, our coasts, and the Great Lakes.We are directing additional funding to Gulf Coast restoration to bring back the fisheries and coastal ecosystems which are still recovering in the aftermath of the Deepwater Horizon spill. We kicked off the Great Lakes Restoration Initiative, the largest investment in the Great Lakes in two decades, which is targeting ecological problems such as invasive species, toxic hot spots, and pollution runoff. We are cleaning up the Chesapeake Bay, establishing a “pollution diet” for the Bay that will help restore the natural habitat for fish and other wildlife. We have also invested over $1.4 billion in Everglades’ restoration, helping restore tens of thousands of acres which will serve as a sanctuary for native Florida plants and wildlife. We have created or enhanced more than 540 public coastal recreation areas, protected more than 54,000 acres of coastlines and restored over 5,200 acres of coastal habitat. We are also investing more in monitoring our fishing stock in coastal areas so we have the most accurate data possible on the health of our fisheries. These are significant steps that are helping us improve the health of our oceans and build more robust fisheries. Mitt Romney:The health of the world’s fisheries is of paramount economic and environmental importance to not only America but also the global community. Maintenance of those fisheries also represents a significant regulatory challenge, and is indeed often used as an archetypical illustration of a situation in which a market will not succeed without some form of governance. The question, though, is what form of governance should be employed: where are international agreements required, where is government regulation most appropriate, and where can the fishing industry itself serve as the best steward?The federal government has a vital role to play in conducting sound science and making the resulting data available. Not only federal agencies but also foreign and local governments, regional cooperatives, and industry associations should have access to the data to protect the health and vitality of the oceans and to adjust policy when necessary. A Romney Administration will safeguard the long-term health of fisheries, while welcoming input from the fishermen most affected at every step and seeking to accommodate the needs of these small businessmen wherever possible.
11. Science in Public Policy. We live in an era when science and technology affect every aspect of life and society, and so must be included in well-informed public policy decisions. How will you ensure that policy and regulatory decisions are fully informed by the best available scientific and technical information, and that the public is able to evaluate the basis of these policy decisions?
Barack Obama: Whether it’s improving our health or harnessing clean energy, protecting our security or succeeding in the global economy, our future depends on reaffirming America’s role as the world’s engine of scientific discovery and technological innovation. Our policies should be based on the best science available and developed with transparency and public participation.Soon after taking office, I directed the White House Office of Science and Technology Policy to ensure that our policies reflect what science tells us without distortion or manipulation. We appointed scientific advisors based on their credentials and experience, not their politics or ideology. I also have insisted that we be open and honest with the American people about the science behind our decisions.During my presidency, I have been working to improve transparency and public participation – for instance, by expanding public disclosure of pollution, compliance, and other regulatory information to more efficiently provide the public with information necessary to participate in key environmental decisions. Over the next four years, I will continue seeking new ways to make scientific information more transparent and readily available to the public.Only by ensuring that scientific data is never distorted or concealed to serve a political agenda, making scientific decisions based on facts, not ideology, and including the public in our decision making process will we harness the power of science to achieve our goals – to preserve our environment and protect our national security; to create the jobs of the future, and live longer, healthier lives. Mitt Romney:Sound science is crucial to good public policy and, as the question highlights, it is important not only to use sound science in the regulatory process but also to do so in a transparent manner that allows for public participation and evaluation. I will ensure that the best available scientific and technical information guides decision-making in my Administration, and avoid the manipulation of science for political gain.Unfortunately, President Obama has repeatedly manipulated technical data to support a regulatory agenda guided by politics rather than science. For example, his “Utility MACT” rule is purportedly aimed at reducing mercury pollution, yet the EPA estimates that the rule will cost $10 billion to reduce mercury pollution by only $6 million (with an “m”). This has not stopped the President from trumpeting the rule as “cost-effective” and “common sense,” while claiming it will “prevent thousands of premature deaths.” The trick? Making the rule so expensive that it will bankrupt the coal industry, and then claiming that the elimination of that industry (and its hundreds of thousands of jobs) would have significant benefits.In a Romney Administration, sound science will inform sound policy decisions, and the costs and benefits of regulations will be properly weighed in that process. I will pursue legislative reforms to ensure that regulators are always taking cost into account when they promulgate new rules. And I will establish a regulatory cap, so that agencies spend as much time repealing and streamlining outdated regulations as they spend imposing new ones.
12. Space. The United States is currently in a major discussion over our national goals in space. What should America’s space exploration and utilization goals be in the 21st century and what steps should the government take to help achieve them?
Barack Obama: We’re fortunate to be part of a society that can reach beyond our planet and explore frontiers that were only imagined by our ancestors. I am committed to protecting these critical investments in science and technology and pursuing an ambitious new direction for NASA that lays the groundwork for a sustainable program of exploration and innovation.We have extended the life of the International Space Station, forwarding efforts to foster international cooperation in space, supporting the growth of America’s commercial space industry, and taking on our pressing scientific challenges while continuing the nation’s commitment to robust human space exploration, science, and aeronautics programs.From investing in research on advances in spaceflight technology, to expanding our commitment to an education system that prepares our students for space and science achievements, I am committed to strengthening the base for America’s next generation of spaceflight. No other country can match our capabilities in Earth observation from space. In robotic space exploration, too, nobody else comes close. And I intend to keep it that way.Two years ago I set a goal of sending humans farther into space than we have ever been — to an asteroid by 2025 and to Mars in the 2030s. We will continue to operate the Space Station until at least 2020 and perhaps beyond. When our Orion deep space crew vehicle takes its first test flight in 2014, it will travel farther into space than any spacecraft designed for humans has flown in the 40 years since our astronauts returned from the moon. That is progress.

The recent landing of NASA’s Curiosity rover on Mars was a great leadership moment for our nation and a sign of the continued strength of NASA’s many programs in science, aeronautics and human spaceflight. It’s also important to remember that the $2.5 billion investment made in this project was not spent on Mars, but right here on Earth, supporting more than 7,000 jobs in at least 31 states.

My administration has put a big focus on improving science and technology, engineering and math education. And this is the kind of thing that inspires kids across the country. They’re telling their moms and dads they want to be part of a Mars mission — maybe even the first person to walk on Mars. That’s inspiring.

This exciting work will lead us to important new discoveries and take us to destinations we would have never visited.

Mitt Romney:The mission of the U.S. space program is to spur innovation through exploration of the heavens, inspire future generations, and protect our citizens and allies.

  • Space is crucial to technological innovation. If we want to have a scientifically trained and competent workforce, we must demonstrate a long-term commitment to the pursuit of innovation and knowledge.
  • Space is crucial to the global economy. From agriculture to air transportation, from natural resource management to financial management, it is almost impossible to imagine a world without the space capabilities we have today.
  • Space is crucial to national security. U.S. and allied space capabilities provide a source of strategic advantage to military and intelligence functions that has no parallel.
  • Space is crucial to America’s international standing. Independent access to space, the launch of satellites, and the travel of citizens to and from space continue to be seen as major technical achievements that convey not only America’s military and economic power, but also the power of American values. The success of private sector enterprises in achieving these objectives opens a new chapter in American leadership.

America has enjoyed a half-century of leadership in space, but now that leadership is eroding despite the hard work of American industry and government personnel. The current purpose and goals of the American space program are difficult to determine. With clear, decisive, and steadfast leadership, space can once again be an engine of technology and commerce. It can help to strengthen America’s entrepreneurial spirit and commercial competitiveness, launch new industries and new technologies, protect our security interests, and increase our knowledge.

Rebuilding NASA, restoring U.S. leadership, and creating new opportunities for space commerce will be hard work, but I will strive to rebuild an institution worthy of our aspirations and capable once again leading the world toward new frontiers. I will bring together all the stakeholders – from NASA and other civil agencies, from the full range of national security institutions, from our leading universities, and from commercial enterprises – to set goals, identify missions, and define the pathway forward.

Focusing NASA. A strong and successful NASA does not require more funding, it needs clearer priorities. I will ensure that NASA has practical and sustainable missions. There will be a balance of pragmatic and top-priority science with inspirational and groundbreaking exploration programs.

Partnering Internationally. Part of leadership is also engaging and working with our allies and the international community. I will be clear about the nation’s space objectives and will invite friends and allies to cooperate with America in achieving mutually beneficial goals.

Strengthening Security. Space-based information capabilities are the central nervous system of the U.S. national security community. If America is to remain strong as a nation, the national security space programs must remain strong and sustainable. I am committed to a robust national security space program and I will direct the development of capabilities that defend and increase the resilience of space assets. I will also direct the development of capabilities that will deter adversaries seeking to damage or destroy the space capabilities of the U.S. and its allies.

Revitalizing Industry. A strong aerospace industry must be able to compete for and win business in foreign markets. I will work to ease trade limitations, as appropriate, on foreign sales of U.S. space goods and will work to expand access to new markets.

13. Critical Natural Resources. Supply shortages of natural resources affect economic growth, quality of life, and national security; for example China currently produces 97% of rare earth elements needed for advanced electronics. What steps should the federal government take to ensure the quality and availability of critical natural resources?
Barack Obama: Rare earth elements and other critical minerals are used by American manufacturers to make high-tech products like the advanced batteries that power everything from hybrid cars to cell phones. My support for the development alternatives to rare earth materials is helping to ensure we have the materials necessary to propel our high-technology economy forward.Being able to manufacture competitive products in America is too important for us to stand by and do nothing. We’ve got to take control of our energy future, and we can’t let the energy industry take root in other countries because they are allowed to break the rules. That’s why we have joined with Japan and some of our European allies to bring a trade case against China for imposing restrictions on their exports of rare earth materials.Part of our strategy is also to use the natural resources we have more efficiently, so we are less reliant on other countries in the first place. To achieve that, I have invested in a series of innovative projects to decrease our reliance on rare earth material and unveiled a federal strategy to promote U.S.-based electronics recycling to keep American manufactures competitive. We are also launching a new, multidisciplinary energy innovation research “hub” to advance our leadership in manufacturing products that rely on rare earth materials and other critical materials. The hub — which will bring together scientists, materials specialists, and others – will aim to develop efficiencies and alternatives that reduce the amount of rare earths that we need as well as develop strategies to ensure that we have a reliable supply of rare earths and other critical materials going forward. Mitt Romney:The United States was once self-sufficient in its production of critical natural resources like rare-earth minerals. But a decline in production, driven more by regulation than by economics or scarcity, has left the nation reliant on imports. The key to guaranteeing the quality and availability of these resources is a modernized regulatory regime that protects the environment while providing access to the inputs that our economy requires to grow and thrive.Energy provides a good example. Reliance on foreign oil imports has long been seen as an insurmountable challenge but, as noted above, extraordinary technological breakthroughs in the private sector have placed America at the edge of an energy revolution that has the potential to dramatically expand domestic production and achieve energy independence on the continent by the end of the decade. The federal government must open greater access to federal lands, and adopt streamlined regulatory processes that encourage rather than stifle resource development.As the first element of my plan for energy independence, I have proposed giving states authority to manage the development of energy resources within their borders, including on federal lands. States have crafted highly efficient and effective permitting and regulatory programs that address state-specific needs. For instance, while the federal government takes an average of 307 days to permit the drilling of an oil well on federal land, the state of North Dakota can permit a project in ten days. Colorado does it in twenty-seven. Nor do these processes pose any greater environmental risks. To the contrary, from oil and gas and coal to wind and solar and biofuels, states are far better able to develop, adopt, and enforce regulations based on their unique resources, geology, and local concerns.By adopting creative approaches like these to the development of all the nation’s resources, America can benefit fully from its extraordinary natural endowments.
14. Vaccination and public health. Vaccination campaigns against preventable diseases such as measles, polio and whooping cough depend on widespread participation to be effective, but in some communities vaccination rates have fallen off sharply. What actions would you support to enforce vaccinations in the interest of public health, and in what circumstances should exemptions be allowed?
Barack Obama: Today, there are too many Americans who do not get the preventive health care services they need to stay healthy. Many people put off preventive care because the deductibles and copays are too expensive. That’s why I fought for the Affordable Care Act, which will make sure all Americans have access to quality preventive health care services. Under the Affordable Care Act, Americans can now get vital preventive services – including the full suite of routine vaccines recommend by the Advisory Committee on Immunization Practices – with no co-pay or deductible. The health care law also created the Prevention and Public Health Fund, an investment in promoting wellness, preventing disease, and investing in public health infrastructure across the country. It will help us transform our health care system from a focus on sickness and disease to a focus on prevention and wellness. The law also proves authority to states to purchase adult vaccines with state funds at federally-negotiated prices, supporting state vaccination programs. Ultimately, I believe the health care law is a significant step forward in ensuring that every American has access to the preventive care and immunizations that they need to stay healthy. Mitt Romney:The first priority must be to ensure that America has adequate supplies of safe and effective vaccines. Making vaccines requires complex facilities and highly skilled workers, which means that America must continue to strengthen its advanced manufacturing capabilities.Second, preventing outbreaks of these diseases also requires that these vaccines are used effectively. The vaccines only work to prevent outbreaks when a sufficient number of people are protected from the diseases and thus able to stop a bug from spreading from one person to the next, which means that the vast majority of Americans need to take steps to receive vaccinations.Finally, America must have a robust research and development enterprise capable of constantly improving on the tools available to prevent these diseases. That means taking steps to ensure that America remains the most attractive place to develop and commercialize innovative, life-saving products like vaccines. The issue of medical innovation has arisen at several points throughout this survey, underscoring its importance to America’s scientific and economic leadership in the coming years. America has historically dominated the field, but uncompetitive policies in areas ranging from taxation to regulation to trade and human capital are threatening that leadership. Recent years have seen an unprecedented exodus of investment from the United States to more innovation-friendly markets. My innovation agenda, detailed above, is aimed at reversing that tide.

There you go. Information on which you can base your decision to vote.

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Barack Obama: “Let’s just stay normal”

September 13, 2012

I’m perplexed by people like Lou Pritchett, who claimed not to know who Barack Obama was after the last presidential election, or like Dinesh D’Souza, who make up fantastic webs of stories about how President Obama is Auric Goldfinger, the Brain and Lex Luthor rolled into one, based on less than gossamer.

Cover of Vanity Fair, October 2012, Issue #626

Cover of Vanity Fair, October 2012, Issue #626, containing Michael Lewis’s article, “Obama’s Way.”

One can read Obama’s books.  One can read the stories about him by people who know him.  One can read stories by good journalists who write about people in high office.

I’m fascinated with the profile of Obama in the current issue of Vanity Fair, by Michael Lewis, “Obama’s Way.”  It lends insights on leadership, foreign policy, and how a celebrity or high office holder (or both) can work to stay grounded and do a good job.

To someone who has staffed government agencies, and worked for elected and appointed officials, Lewis’s profile tells a lot in just a few words.

One summer morning I met him outside the private elevator that brings him down from the residence. His morning commute, of roughly 70 yards, started in the ground-floor center hall, and continued past a pair of oil paintings, of Rosalynn Carter and Betty Ford, and through two sets of double doors, guarded by a Secret Service officer. After a short walk along a back porch, guarded by several other men in black, he passed through a set of French doors into the reception area outside the Oval Office. His secretary, Anita, was already at her desk. Anita, he explained, has been with him since he campaigned for the Senate, back in 2004. As political attachments go, eight years isn’t a long time; in his case, it counts as forever. Eight years ago he could have taken a group tour of the White House and no one would have recognized him.

Passing Anita, the president walked into the Oval Office. “When I’m in Washington I spend half my time in this place,” he said. “It’s surprisingly comfortable.” During the week he is never alone in the office, but on weekends he can come down and have the place to himself. The first time Obama set foot in this room was right after he’d been elected, to pay a call on George Bush. The second time was the first day he arrived for work—and the first thing he did was call in several junior people who had been with him since long before anyone cared who he was so they might see how it felt to sit in the Oval Office. “Let’s just stay normal,” he said to them.

You should read the article.  And pass it on.  Get the print version, secretly run a few copies and pass them around to your friends and people you go to church with, or your poker buddies, or the other professors in the biology department.  What do they think of the story?

Stick to the facts, in other words.  Make your own decisions on good information.

Lou Pritchett?  You still out in the wilderness?  Read this.

“Let’s just stay normal.”

Michael Lewis and President Barack Obama walk the White House breezeway during interviews for the article in the photo; image from the article in the magazine, October 2012

Michael Lewis and President Barack Obama walk the White House colonnade during interviews for the article in the photo; image from the article in the magazine, October 2012; White House photo by Pete Souza


Obama’s tax proposal

August 16, 2012

The White House argues that the best path for the nation, right now, is to extend tax cuts for the middle class. Here’s a graphic with much of the arguments for the actions President Obama proposes (click image for a larger, more readable version):

White House graphic, Obama's tax plan

Click image for a larger version (one that is much more readable).


July 4 naturalization ceremony at the White House

July 10, 2012

It’s one of those great and wonderful mysteries:  Why do people enlist to put their lives on the line for a nation in which they are not citizens?

Regardless the motivations, many people do that, for the U.S.  As a partial means of saying “thank you,” the U.S. grants expedited naturalization processes for some of those soldiers.

July 4, at the White House, about two dozen of those non-citizen soldiers completed the process, and took the oath to become citizens of the nation they’ve already served in defense.  From the White House blogs:

President Obama Salutes New American Citizens

[Colleen Curtis]

President Obama at Naturalization Ceremony July 4, 2012

President Barack Obama listens as Secretary of Homeland Security Janet Napolitano administers the oath of allegiance during a military naturalization ceremony for active duty service members in the East Room of the White House, July 4, 2012. (Official White House Photo by Pete Souza)

President Obama began his Independence Day celebrations by hosting a naturalization ceremony for active duty service members in the East Room of the White House. It was the third time the President has hosted this kind of service, and he told the audience, which included the families of the service members who were taking the oath of citizenship, that it is one of his favorite things to do. “It brings me great joy and inspiration because it reminds us that we are a country that is bound together not simply by ethnicity or bloodlines, but by fidelity to a set of ideas.”

Before the President gave his remarks, U.S. Citizenship and Immigration Services Director Alejandro Mayorkas presented the countries of the candidates for naturalization and Secretary of Homeland Security Janet Napolitano delivered the oath of allegiance.  President Obama told the new citizens that is was an honor to serve as their Commander in Chief, and to be the first to greet them as “my fellow Americans.”

With this ceremony today — and ceremonies like it across our country — we affirm another truth: Our American journey, our success, would simply not be possible without the generations of immigrants who have come to our shores from every corner of the globe.  We say it so often, we sometimes forget what it means — we are a nation of immigrants.  Unless you are one of the first Americans, a Native American, we are all descended from folks who came from someplace else — whether they arrived on the Mayflower or on a slave ship, whether they came through Ellis Island or crossed the Rio Grande.

Immigrants signed their names to our Declaration and helped win our independence.  Immigrants helped lay the railroads and build our cities, calloused hand by calloused hand.  Immigrants took up arms to preserve our union, to defeat fascism, and to win a Cold War.  Immigrants and their descendants helped pioneer new industries and fuel our Information Age, from Google to the iPhone.  So the story of immigrants in America isn’t a story of “them,” it’s a story of “us.”  It’s who we are.  And now, all of you get to write the next chapter.

You can read the transcript of the President’s full remarks here.

More:


Medal of Honor to former Sgt. Dakota Meyer

July 6, 2012

WhiteHouse.org:

President Obama awards Sergeant Dakota L. Meyer, United States Marine Corps, the Medal of Honor for conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty, while serving with Marine Embedded Training Team 2-8, Regional Corps Advisory Command 3-7, in Kunar Province, Afghanistan, on 8 September 2009. [Ceremony:] September 15, 2011.

Video from the White House includes the prayers offered before and after the ceremony (excluded from the commercial television video).

The citation for Meyer’s Medal of Honor described his gallantry in detail:

The President of the United States in the name of The Congress takes pleasure in presenting the MEDAL OF HONOR to

CORPORAL DAKOTA L. MEYER
UNITED STATES MARINE CORPS

For service as set forth in the following

For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty while serving with Marine Embedded Training Team 2-8, Regional Corps Advisory Command 3-7, in Kunar Province, Afghanistan, on 8 September 2009. Corporal Meyer maintained security at a patrol rally point while other members of his team moved on foot with two platoons of Afghan National Army and Border Police into the village of Ganjgal for a pre-dawn meeting with village elders. Moving into the village, the patrol was ambushed by more than 50 enemy fighters firing rocket propelled grenades, mortars, and machine guns from houses and fortified positions on the slopes above. Hearing over the radio that four U.S. team members were cut off, Corporal Meyer seized the initiative. With a fellow Marine driving, Corporal Meyer took the exposed gunner’s position in a gun-truck as they drove down the steeply terraced terrain in a daring attempt to disrupt the enemy attack and locate the trapped U.S. team. Disregarding intense enemy fire now concentrated on their lone vehicle, Corporal Meyer killed a number of enemy fighters with the mounted machine guns and his rifle, some at near point blank range, as he and his driver made three solo trips into the ambush area. During the first two trips, he and his driver evacuated two dozen Afghan soldiers, many of whom were wounded. When one machine gun became inoperable, he directed a return to the rally point to switch to another gun-truck for a third trip into the ambush area where his accurate fire directly supported the remaining U.S. personnel and Afghan soldiers fighting their way out of the ambush. Despite a shrapnel wound to his arm, Corporal Meyer made two more trips into the ambush area in a third gun-truck accompanied by four other Afghan vehicles to recover more wounded Afghan soldiers and search for the missing U.S. team members. Still under heavy enemy fire, he dismounted the vehicle on the fifth trip and moved on foot to locate and recover the bodies of his team members. Corporal Meyer’s daring initiative and bold fighting spirit throughout the 6-hour battle significantly disrupted the enemy’s attack and inspired the members of the combined force to fight on. His unwavering courage and steadfast devotion to his U.S. and Afghan comrades in the face of almost certain death reflected great credit upon himself and upheld the highest traditions of the Marine Corps and the United States Naval Service.


Fact vs. Fiction on the Affordable Care Act (Sen. Leahy)

July 2, 2012

From the good offices of Vermont’s Sen. Pat Leahy (a few links added):

Fact vs. Fiction

It is disappointing that inaccurate and purposely misleading information regarding health care reform continues to be widely circulated. Throughout the past two years during the lengthy debate on Health Care Reform, Senator Leahy has continued to post updated information regarding the various health care legislative proposals being debated, including the full text of proposals, questions asked by directly by Vermonters, and daily updates on floor proceedings in the Senate in an effort to provide Vermonters with accurate and timely information on the health care reform debate.

Below are some of the most common myths regarding the Affordable Care Act with accurate information dispelling those myths and providing information about where to learn more.

To review some of the most commonly questions by Vermonters please also visit the Frequently Asked Questions page on this website.

To test your knowledge about what is actually included in the health care reform law visit the Kaiser Family Foundation website and take their Affordable Care Act quiz.

Fact vs. Fiction

  • Fiction

    If you don’t buy health insurance, you will be sent to jail.

  • Fact

    Taxpayers who are required to purchase health insurance and do not will receive a notice from the Internal Revenue Service (IRS) with the amount of the penalty they owe. Individuals who fail to pay the penalty are not subject to criminal prosecutions and the government cannot file notice of lien or levy any property for a taxpayer who doesn’t pay the penalty.

    The obligation for individuals to purchase health insurance beginning in 2014 was included as part of the Affordable Care Act.  The provision requires individuals to maintain minimum essential coverage for themselves and their dependents or pay a penalty of $95 in 2014. Families would pay half the amount for children, and the requirement includes a cap on the total allowable fine per family. If affordable health insurance coverage is not available to an individual, then the penalty would be waived.  Along with the individual responsibility requirement, the Affordable Care Act also provides subsidies to some individuals beginning in 2014 to help pay for their health insurance premiums and other costs associated with their health insurance.

    Taxpayers who are required to pay a fine but fail to do so will receive a notice from Internal Revenue Service (IRS). If an individual still neglects to pay the fine, the IRS can attempt to collect the funds by reducing the amount of their tax refund in the future.  Individuals who fail to pay the penalty, however, will not be subject to criminal prosecution. The government cannot file notice of lien or levy on any property for a taxpayer who does not pay the penalty.

    The aim of this provision is to encourage all Americans to obtain health insurance, which will result in lower health care costs for everyone. The Affordable Care Act relies on the shared responsibility of individuals, employers, states and the federal government.

    For additional information regarding the individual responsibility requirement please visit the Kaiser Family Foundation website.


  • Fiction

    Members of Congress are exempt from the health care reform law.

  • Fact

    No one has received a special exemption from the Affordable Care Act. In fact, the health care reform law explicitly includes language regarding the health insurance plans for Members of Congress and their staff.

    As a United States Senator, Senator Leahy’s health plan options are the same options offered to all federal employees.  Included in the Affordable Care Act, was a provision that requires that “the only health plans that the Federal Government may make available to Members of Congress and Congressional staff shall be health plans that are created under this Act or offered through an Exchange established under this Act.”  Members of Congress and their staffs can only purchase health insurance coverage from the health insurance exchanges that are made available for uninsured Americans. The full text of this provision is available on pages 80-81 in section 1312 of the Affordable Care Act which you can read here.


  • Fiction

    Health care reform will jeopardize Medicare and will mean cuts in services and benefits for seniors.

  • Fact

    Health care reform will help strengthen Medicare so that seniors can continue to receive quality health coverage for years to come.

    The Affordable Care Act explicitly states that no benefits guaranteed under Medicare will be cut as a result of health care reform legislation.  Today’s forecasts estimate that Medicare will be insolvent by 2017 because of ever-rising health care costs.  The Affordable Care Act takes aim at that unfolding threat by addressing cost inefficiencies now, instead of waiting until later.  The Affordable Care Act strengthens the financial stability of Medicare by targeting fraud and ending wasteful overpayments to insurance companies, while maintaining the benefits and services to seniors who use Medicare.  The Act also helps Medicare users by offering prescription drug discounts to seniors who are trapped in the “donut hole,” by creating a better pathway for generic drugs to enter the marketplace, by eliminating the cost-share for preventative services, and by promoting coordinated care to prevent avoidable hospital readmissions.

    For more information about what the health care reform law means for Medicare beneficiaries read Medicare and the New Health Law -What it Means for You prepared by the Center for Medicare and Medicaid Services.

    • Beginning January 1, 2011, Medicare beneficiaries entering the Medicare donut hole will get a 50% discount on brand name prescription drugs. Click here to learn more about this provision.

  • Fiction

    The health care reform law includes a tax on all real estate sales.

  • Fact

    Under the Affordable Care Act, only certain real estate transactions for certain individuals above a particular income level would be subject to a Medicare Tax.

    Unfortunately, much of the information widely circulated about a tax on home sales and other real estate transactions inaccurately describes the purpose and the effect of this provision. The 3.8 percent Medicare tax is often misunderstood, and has frequently been described as a 3.8 percent “sales tax” on all real estate transactions, which is inaccurate.

    The provision that establishes this tax can be found on page 946, Section 1402 of the Affordable Care Act.  This tax is often referred to as the “Medicare tax,” because it was designed to raise funds for Medicare. The Medicare tax goes into effect after December 30, 2012.

    The Medicare tax is not a tax on all new home sales; it only applies to the profit that certain high income Americans make from the sale of their home.  The groups that may be affected by this provision are individuals with annual incomes over $200,000 and married couples with a joint income of over $250,000. The only home sellers who will be affected by this provision are those who fit the above description, and who sell their home for a profit of more than $250,000. The tax will not apply to the first $250,000 in profits for the individual selling his or her home or to the first $500,000 in profits for a married couple.

    While undoubtedly some home sales will see a tax increase under this provision, the tax will affect only a small percentage of home sales.  A report released by the Tax Foundation on April 15, 2010 predicts that the new tax on investment income (including real estate) will affect only the top-earning 2 percent of American families.

    The full text of the Affordable Care Act is available on the health care reform page of this website.


  • Fiction

    Health care reform will hurt small businesses.

  • Fact

    The Affordable Care Act will help small businesses, many of which are struggling now to even afford health plans for their employees.

    Small businesses are a vital engine of Vermont’s economy. Unfortunately, rising health care costs are hitting small businesses especially hard, putting them at an even greater disadvantage against larger corporations. The Affordable Care Act will help level the playing field and give affordable options to small businesses that wish to offer insurance to their workers.

    For example, the Affordable Care Act:

    • Provides tax credits to small businesses to help them offer health insurance to their employees;
    • Requires insurance companies to provide free preventative care so businesses do not suffer productivity costs because of sick employees;
    • End the “hidden insurance tax” that has prevented small businesses from being able to afford to offer insurance to their employees.  This hidden tax is built in to the premiums for insurance to compensate for the unpaid care given to the uninsured.  Health reform will help get Americans health insurance and will end the inflated premium costs.  And investments to lower health care costs overall will help spur the economy, enabling more businesses to thrive;

    For more information regarding how health care reform efforts will help small businesses please visit the Implementation Center on this website as well as the Small Business Administration website and the Small Business Majority website for additional resources.


  • Fiction

    The Affordable Care Act provides subsidies for illegal immigrants to receive health insurance.

  • Fact

    The Affordable Care Act explicitly defines who is eligible for federal payments, credits or subsidies for health insurance coverage and makes clear that undocumented immigrants are ineligible.

    Some have expressed concerned that undocumented immigrants will have the ability to receive subsidies for health insurance under the reform proposals in Congress.  Senator Leahy does not support using government funding to subsidize insurance for those who have entered the United States illegally or who are residing in the United States in an undocumented status. The full text of the law clearly defines who is eligible for federal payments, credits or subsidies.

    The relevant statutory language is below:

    Patient Protection and Affordable Care Act
    Subtitle D—Available Coverage Choices for All Americans
    PART II–Consumer Choices and Insurance Competition Through Health Benefit Exchanges

    • Section 1312 (f)(3) makes clear that undocumented immigrants are ineligible to participate in the health insurance exchanges: “ACCESS LIMITED TO LAWFUL RESIDENTS- If an individual is not, or is not reasonably expected to be for the entire period for which enrollment is sought, a citizen or national of the United States or an alien lawfully present in the United States, the individual shall not be treated as a qualified individual and may not be covered under a qualified health plan in the individual market that is offered through an Exchange.”

    Subtitle E—Affordable Coverage Choices for All Americans
    PART I—PREMIUM TAX CREDITS AND COST SHARING REDUCTIONS
    Subpart B—Eligibility Determinations

    • Section 1412(d) unambiguously states “NO FEDERAL PAYMENTS FOR INDIVIDUALS NOT LAWFULLY PRESENT.—Nothing in this subtitle or the amendments made by this subtitle allows Federal payments, credits, or cost-sharing reductions for individuals who are not lawfully present in the United States.”

    The Act also establishes a fair process to accurately verify eligibility for participation in the benefits of health insurance reform that does not place unnecessary bureaucratic hurdles for U.S. Citizens nor undue administrative costs on the government.

    Patient Protection and Affordable Care Act

    Subtitle E—Affordable Coverage Choices for All Americans
    PART I—PREMIUM TAX CREDITS AND COST SHARING REDUCTIONS
    Subpart B—Eligibility Determinations

    • Section 1411(a) required that the Secretary of Health and Human Services “shall establish a program . . . for determining . . . whether an individual who is to be covered in the individual market by a qualified health plan offered through an Exchange, or who is claiming a premium tax credit or reduced cost-sharing [is] a citizen or national of the United States or an alien lawfully present in the United States.”
    • Section 1411(b) requires applicants for enrollment in a qualified health plan offered through an Exchange in the individual market to provide “name, address, and date of birth.”  For those individuals claiming eligibility based on an attestation of citizenship, they must provide their social security number.  For those individuals whose eligibility is based on an attestation of their immigration status, they must provide “the enrollee’s social security number (if applicable) and such identifying information with respect to the enrollee’s immigration status as the Secretary, after consultation with the Secretary of Homeland Security, determines appropriate.”

    Senator Leahy has also heard from Vermonters with small businesses who employ seasonal workers and their concern about the requirement that employers purchase health insurance for their employees.

    The Act exempts small businesses from the employer mandate to provide health insurance for employees, and employers are not subject to penalties if they employ 50 or fewer employees.  Seasonal workers do not count towards the 50 employee threshold.  And for those employers subject to the penalty, they are only responsible for providing health insurance for full-time employees.

    Patient Protection and Affordable Care Act
    Subtitle F—Shared Responsibility for Health Care
    PART II—EMPLOYER RESPONSIBILITIES
    Section 1513—Shared Responsibility For Employers

    • Section 1513(a) states:

    (B) EXEMPTION FOR CERTAIN EMPLOYERS-

    (i) IN GENERAL- An employer shall not be considered to employ more than 50 full-time employees if—

    (I) the employer’s workforce exceeds 50 full-time employees for 120 days or fewer during the calendar year, and

    (II) the employees in excess of 50 employed during such 120-day period were seasonal workers.

    (ii) DEFINITION OF SEASONAL WORKERS—The term `seasonal worker’ means a worker who performs labor or services on a seasonal basis as defined by the Secretary of Labor, including workers covered by section 500.20(s)(1) of title 29, Code of Federal Regulations and retail workers employed exclusively during holiday seasons.”


  • Fiction

    Health care reform will lead to rationing of health care

  • Fact

    Health care reform is aimed at increasing the options for Americans, not limiting them.

    Unfortunately, prior to the passage of the Affordable Care Act rationing of health care happened all too often. Insurance companies decided whether or not beneficiaries could have a certain test or procedures, based not on medical necessity, but on the insurance plan and whether the test is affordable. This rationing left millions of Americans without adequate care or coverage and is taking away the decision making from patients and their doctors, putting those decisions instead in the hands of insurance company bureaucrats.

    The Affordable Care Act is intended to improve the ability of patients to receive the care they need by setting ground rules for insurance companies to follow.  No longer will insurance companies be allowed to deny coverage for preexisting medical conditions or to discriminate against consumers because of their gender. No longer will insurance companies be allowed to revoke insurance coverage from a patient who has been ill and deemed too sick for coverage. The government will have no role in telling patients what tests they can and cannot have. In fact, for the first time, the Affordable Care Act prohibits insurance companies from limiting choice of doctors.  The Affordable Care Act guarantees your right to choose a primary care doctor from any available participating provider, designate any available participating pediatrician as your child’s primary care provider, and prohibits insurers or employer-sponsored plans from requiring a referral for obstetrical or gynecological (OB-GYN) care. Additionally, the Affordable Care Act prohibits health insurers and plans from restricting access to and charging patients more for out-of-network emergency care.

    Health care reform is about improving choice for all Americans.


  • Fiction

    The health care reform law will force individuals to pay taxes on their health benefits.

  • Fact

    Health benefits will not be taxed under the Affordable Care Act, even though the value of your health insurance will be included on your W-2 form.

    Title IX of the Affordable Care Act, Section 9002 on page 800 states that beginning in the tax year 2011, employers are required to report the value of the health insurance coverage they provide employees on each employee’s annual W-2 Form so that employees can be informed consumers and know the full cost of their plan. The amount reported does not affect tax liability and the value of the employer contribution to health coverage will continue to be excludible from an employee’s income and is not taxable.

    Updates and guidance will be posted regularly on the IRS website regarding all tax provisions included in the Affordable Care Act.


  • Fiction

    The government will encourage or force seniors to choose euthanasia as an end-of-life option.

  • Fact

    This has been shown over and over again to be another false rumor.  Nothing in the Affordable Care Act requires that seniors participate in consultations about their end-of-life wishes.

    Unfortunately, this rumor has been spreading fast and is worrying many Vermonters and Americans across the country. Nothing in the Affordable Care Act will force seniors to have consultations regarding their end-of-life choices, or have a consultation to discuss suicide.

    Currently, voluntary end-of-life planning is covered as a part of the “Welcome to Medicare” doctor visits available to seniors with in the first year of joining the program.   The Affordable Care Act authorized Medicare coverage of yearly physician exams, or wellness visits for beneficiaries. Specifically, section 4103 of the Affordable Care Act provides coverage under Medicare, with no copayments or deductible, for an annual wellness visit and personalized prevention plan services.  Often times patients are not given the time to ask important questions about options available to them such as hospice, or home care, or additional services available to seniors.  This provision would simply give seniors the choice to have a discussion during their wellness visit, about the topics of their choosing, with their doctor. It empowers seniors to have conversations about living wills and other questions they might have but do not have the opportunity to ask.  In no way does the law mandate these conversations or tell doctors what options to discuss.  If seniors do not wish to have these discussions with their doctors and families, nothing will force them to.


Go to the original source: Supreme Court’s decision on Obamacare

June 28, 2012

You can read the entire decision here:  http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf

5-4 decision, Chief Justice Roberts voting to uphold the bill, Kennedy voting against and leading the dissent.

Official 2005 photo of Chief Justice John G. R...

Official 2005 photo of Chief Justice John G. Roberts (Photo credit: Wikipedia)

Syllabus from the case (links added for your convenience, not in the original):

NATIONAL FEDERATION OF INDEPENDENT BUSINESS ET AL. v. SEBELIUS, SECRETARY OF
HEALTH AND HUMAN SERVICES, ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
No. 11–393. Argued March 26, 27, 28, 2012—Decided June 28, 2012*

*Together with No. 11–398, Department of Health and Human Services et al. v. Florida et al., and No. 11–400, Florida et al. v. Department of Health and Human Services et al., also on certiorari to the same court.

In 2010, Congress enacted the Patient Protection and Affordable Care Act in order to increase the number of Americans covered by health insurance and decrease the cost of health care. One key provision is the individual mandate, which requires most Americans to maintain“minimum essential” health insurance coverage. 26 U. S. C. §5000A.For individuals who are not exempt, and who do not receive health insurance through an employer or government program, the means of satisfying the requirement is to purchase insurance from a private company. Beginning in 2014, those who do not comply with the mandate must make a “[s]hared responsibility payment” to the Federal Government. §5000A(b)(1). The Act provides that this “penalty”will be paid to the Internal Revenue Service with an individual’s taxes, and “shall be assessed and collected in the same manner” as tax penalties. §§5000A(c), (g)(1). Another key provision of the Act is the Medicaid expansion. The current Medicaid program offers federal funding to States to assist pregnant women, children, needy families, the blind, the elderly, and the disabled in obtaining medical care. 42 U. S. C. §1396d(a). The Affordable Care Act expands the scope of the Medicaid program and increases the number of individuals the States must cover. For example, the Act requires state programs to provide Medicaid coverage by 2014 to adults with incomes up to 133 percent of the federal poverty level, whereas many States now cover adults with children only if their income is considerably lower, and do not cover childless adults at all. §1396a(a)(10)(A)(i)(VIII). The Act increases federal funding to cover the States’ costs in expanding Medicaid coverage. §1396d(y)(1). But if a State does not comply with the Act’s new coverage requirements, it may lose not only the federal funding for those requirements, but all of its federal Medicaid funds. §1396c.

Twenty-six States, several individuals, and the National Federation of Independent Business brought suit in Federal District Court,challenging the constitutionality of the individual mandate and the Medicaid expansion. The Court of Appeals for the Eleventh Circuit upheld the Medicaid expansion as a valid exercise of Congress’s spending power, but concluded that Congress lacked authority to enact the individual mandate. Finding the mandate severable from the Act’s other provisions, the Eleventh Circuit left the rest of the Act intact.

Held: The judgment is affirmed in part and reversed in part.
648 F. 3d 1235, affirmed in part and reversed in part.

1. CHIEF JUSTICE ROBERTS delivered the opinion of the Court with respect to Part II, concluding that the Anti-Injunction Act does not bar this suit.
The Anti-Injunction Act provides that “no suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court by any person,” 26 U. S. C. §7421(a), so that those subject to a tax must first pay it and then sue for a refund. The present challenge seeks to restrain the collection of the shared responsibility payment from those who do not comply with the individual mandate. But Congress did not intend the payment to be treated as a “tax” for purposes of the Anti-Injunction Act. The Affordable Care Act describes the payment as a “penalty,” not a “tax.” That label cannot control whether the payment is a tax for purposes of the Constitution, but it does determine the application of the Anti-Injunction Act. The Anti-Injunction Act therefore does not bar this suit. Pp. 11–15.

2. CHIEF JUSTICE ROBERTS concluded in Part III–A that the individual mandate is not a valid exercise of Congress’s power under the Commerce Clause and the Necessary and Proper Clause. Pp. 16–30.

(a) The Constitution grants Congress the power to “regulate Commerce.” Art. I, §8, cl. 3 (emphasis added). The power to regulate commerce presupposes the existence of commercial activity to be regulated. This Court’s precedent reflects this understanding: As expansive as this Court’s cases construing the scope of the commerce power have been, they uniformly describe the power as reaching “activity.” E.g., United States v. Lopez, 514 U. S. 549, 560. The individual mandate, however, does not regulate existing commercial activity. It instead compels individuals to become active in commerce by purchasing a product, on the ground that their failure to do so  affects commerce.

Construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new and potentially vast domain to congressional authority. Congress already possesses expansive power to regulate what people do. Upholding the Affordable Care Act under the Commerce Clause would give Congress the same license to regulate what people do not do. The Framers knew the difference between doing something and doing nothing. They gave Congress the power to regulate commerce, not to compel it. Ignoring that distinction would undermine the principle that the Federal Government is a government of limited and enumerated powers. The individual mandate thus cannot be sustained under Congress’s power to “regulate Commerce.” Pp. 16–27.

(b) Nor can the individual mandate be sustained under the Necessary and Proper Clause as an integral part of the Affordable Care Act’s other reforms. Each of this Court’s prior cases upholding laws under that Clause involved exercises of authority derivative of, and in service to, a granted power. E.g., United States v. Comstock, 560 U.S. ___. The individual mandate, by contrast, vests Congress with the extraordinary ability to create the necessary predicate to the exercise of an enumerated power and draw within its regulatory scope those who would otherwise be outside of it. Even if the individual mandate is “necessary” to the Affordable Care Act’s other reforms, such an expansion of federal power is not a “proper” means for making those reforms effective. Pp. 27–30.

3. CHIEF JUSTICE ROBERTS concluded in Part III–B that the individual mandate must be construed as imposing a tax on those who do not have health insurance, if such a construction is reasonable.

The most straightforward reading of the individual mandate is that it commands individuals to purchase insurance. But, for the reasons explained, the Commerce Clause does not give Congress that power.It is therefore necessary to turn to the Government’s alternative argument: that the mandate may be upheld as within Congress’s power to “lay and collect Taxes.” Art. I, §8, cl. 1. In pressing its taxing power argument, the Government asks the Court to view the mandate as imposing a tax on those who do not buy that product. Because “every reasonable construction must be resorted to, in order to save a statute from unconstitutionality,” Hooper v. California, 155 U. S. 648, 657, the question is whether it is “fairly possible” to interpret the mandate as imposing such a tax, Crowell v. Benson, 285 U. S. 22, 62. Pp. 31–32.

4. CHIEF JUSTICE ROBERTS delivered the opinion of the Court with respect to Part III–C, concluding that the individual mandate may be upheld as within Congress’s power under the Taxing Clause. Pp. 33–44.

(a) The Affordable Care Act describes the “[s]hared responsibility payment” as a “penalty,” not a “tax.” That label is fatal to the application of the Anti-Injunction Act. It does not, however, control whether an exaction is within Congress’s power to tax. In answering that constitutional question, this Court follows a functional approach,“[d]isregarding the designation of the exaction, and viewing its substance and application.” United States v. Constantine, 296 U. S. 287,
294. Pp. 33–35.

(b) Such an analysis suggests that the shared responsibility payment may for constitutional purposes be considered a tax. The payment is not so high that there is really no choice but to buy health insurance; the payment is not limited to willful violations, as penalties for unlawful acts often are; and the payment is collected solely by the IRS through the normal means of taxation. Cf. Bailey v. Drexel Furniture Co., 259 U. S. 20, 36–37. None of this is to say that payment is not intended to induce the purchase of health insurance. But the mandate need not be read to declare that failing to do so is unlawful. Neither the Affordable Care Act nor any other law attaches negative legal consequences to not buying health insurance, beyond requiring a payment to the IRS. And Congress’s choice of language—stating that individuals “shall” obtain insurance or pay a “penalty”—does not require reading §5000A as punishing unlawful conduct. It may also be read as imposing a tax on those who go without insurance. See New York v. United States, 505 U. S. 144, 169–174. Pp. 35–40.

(c) Even if the mandate may reasonably be characterized as a tax, it must still comply with the Direct Tax Clause, which provides:“No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.” Art. I, §9, cl. 4. A tax on going without health insurance is not like a capitation or other direct tax under this Court’s precedents. It therefore need not be apportioned so that each State pays in proportion to its population. Pp. 40–41.

5. CHIEF JUSTICE ROBERTS, joined by JUSTICE BREYER and JUSTICE KAGAN, concluded in Part IV that the Medicaid expansion violates the Constitution by threatening States with the loss of their existing Medicaid funding if they decline to comply with the expansion. Pp. 45–58.

(a) The Spending Clause grants Congress the power “to pay the Debts and provide for the . . . general Welfare of the United States.” Art. I, §8, cl. 1. Congress may use this power to establish cooperative state-federal Spending Clause programs. The legitimacy of Spending Clause legislation, however, depends on whether a State voluntarily and knowingly accepts the terms of such programs. Pennhurst State School and Hospital v. Halderman, 451 U. S. 1, 17. “[T]he Constitution simply does not give Congress the authority to require the States to regulate.” New York v. United States, 505 U. S. 144, 178. When Congress threatens to terminate other grants as a means of pressuring the States to accept a Spending Clause program, the legislation runs counter to this Nation’s system of federalism. Cf. South Dakota v. Dole, 483 U. S. 203, 211. Pp. 45–51.

(b) Section 1396c gives the Secretary of Health and Human Services the authority to penalize States that choose not to participate in the Medicaid expansion by taking away their existing Medicaid funding. 42 U. S. C. §1396c. The threatened loss of over 10 percent of a State’s overall budget is economic dragooning that leaves the States with no real option but to acquiesce in the Medicaid expansion. The Government claims that the expansion is properly viewed as only a modification of the existing program, and that this modification is permissible because Congress reserved the “right to alter, amend, or repeal any provision” of Medicaid. §1304. But the expansion accomplishes a shift in kind, not merely degree. The original program was designed to cover medical services for particular categories of vulnerable individuals. Under the Affordable Care Act, Medicaid is transformed into a program to meet the health care needs of the entire nonelderly population with income below 133 percent of the poverty level. A State could hardly anticipate that Congress’s reservation of the right to “alter” or “amend” the Medicaid program included the power to transform it so dramatically. The Medicaid expansion thus violates the Constitution by threatening States with the loss of their existing Medicaid funding if they decline to comply with the expansion. Pp. 51–55.

(c) The constitutional violation is fully remedied by precluding the Secretary from applying §1396c to withdraw existing Medicaid funds for failure to comply with the requirements set out in the expansion. See §1303. The other provisions of the Affordable Care Act are not affected. Congress would have wanted the rest of the Act to stand, had it known that States would have a genuine choice whether to participate in the Medicaid expansion. Pp. 55–58.

6. JUSTICE GINSBURG, joined by JUSTICE SOTOMAYOR, is of the view that the Spending Clause does not preclude the Secretary from withholding Medicaid funds based on a State’s refusal to comply with the expanded Medicaid program. But given the majority view, she agrees with THE CHIEF JUSTICE’s conclusion in Part IV–B that the Medicaid Act’s severability clause, 42 U. S. C. §1303, determines the appropriate remedy. Because THE CHIEF JUSTICE finds the withholding—not the granting—of federal funds incompatible with the Spending Clause, Congress’ extension of Medicaid remains available to any State that affirms its willingness to participate. Even absent §1303’scommand, the Court would have no warrant to invalidate the funding offered by the Medicaid expansion, and surely no basis to tear down the ACA in its entirety. When a court confronts an unconstitutional statute, its endeavor must be to conserve, not destroy, the legislation. See, e.g., Ayotte v. Planned Parenthood of Northern New Eng., 546 U. S. 320, 328–330. Pp. 60–61.

Read the entire decision, and its dissents, for the authoritative view . . .

Earlier related articles:


Activist Supreme Court?

June 25, 2012

Today’s the day, most likely, the Supreme Court will announce the results of the legal challenges to what has come to be called ObamaCare.

English: West face of the United States Suprem...

West face of the United States Supreme Court building in Washington, D.C. (Photo credit: Wikipedia)

In a twist of fate, conservatives are praying for an activist court to go against precedent, and strike the plan down.  They hope that will improve their chances of getting into the driver’s seat of federal government again in November, because a fiscal ditch is looming and they find the temptation too strong to resist.

Ezra Klein’s Wonkbook noted:

Most legal scholars think the mandate is constitutional, but few are confident it will be upheld. ”The U.S. Supreme Court should uphold a law requiring most Americans to have health insurance if the justices follow legal precedent, according to 19 of 21 constitutional law professors who ventured an opinion on the most-anticipated ruling in years. Only eight of them predicted the court would do so…Five of the 21 professors who responded, including Whitman, said the court is likely to strike down the coverage requirement. Underscoring the high stakes and complexity of the debate, eight described the outcome as a toss-up..” Bob Drummond in Bloomberg.

Klein’s post is titled “Everything you need to know about health care and SCOTUS in one post.”  He covers the waterfront — you should read it.

Interesting day.  I’ll be traveling.


More good news about Obamacare: No pre-existing conditions clause

May 31, 2012

More:


President Obama’s Memorial Day message

May 26, 2012

Remember to fly your flag Monday.  Heck, you can fly it all weekend if you wish.


I get e-mail from Barack Obama

May 10, 2012

He’s talking about marriage:

Ed —

Today, I was asked a direct question and gave a direct answer:

I believe that same-sex couples should be allowed to marry.

I hope you’ll take a moment to watch the conversation, consider it, and weigh in yourself on behalf of marriage equality:

http://my.barackobama.com/Marriage

I’ve always believed that gay and lesbian Americans should be treated fairly and equally. I was reluctant to use the term marriage because of the very powerful traditions it evokes. And I thought civil union laws that conferred legal rights upon gay and lesbian couples were a solution.

But over the course of several years I’ve talked to friends and family about this. I’ve thought about members of my staff in long-term, committed, same-sex relationships who are raising kids together. Through our efforts to end the “Don’t Ask, Don’t Tell” policy, I’ve gotten to know some of the gay and lesbian troops who are serving our country with honor and distinction.

What I’ve come to realize is that for loving, same-sex couples, the denial of marriage equality means that, in their eyes and the eyes of their children, they are still considered less than full citizens.

Even at my own dinner table, when I look at Sasha and Malia, who have friends whose parents are same-sex couples, I know it wouldn’t dawn on them that their friends’ parents should be treated differently.

So I decided it was time to affirm my personal belief that same-sex couples should be allowed to marry.

I respect the beliefs of others, and the right of religious institutions to act in accordance with their own doctrines. But I believe that in the eyes of the law, all Americans should be treated equally. And where states enact same-sex marriage, no federal act should invalidate them.

If you agree, you can stand up with me here.

Thank you,

Barack

A serendipitous campaign issue.  Something that actually was not planned!

Here’s an ABC-made YouTube clip of the critical part of the interview President Obama gave them yesterday:


More, and Related Articles


Bagley, and the thinking Republican’s fear that President Obama will say “God bless America”

May 5, 2012

Former Sen. Alan Simpson told Charlie Rose that he’s grateful President Obama didn’t offer the Simpson-Bowles budget balancing plan, since Republicans would then have to oppose every part of it, reflexively, as part of their “hate Obama completely” policy.

Pat Bagley uncoded the formula, too.

Pat Bagley, Primordial gas politics, Salt Lake Tribune, May 3, 2012

Pat Bagley, Primordial gas politics, Salt Lake Tribune, May 3, 2012

The danger?  The danger is Obama will propose something to save America, and the Republicans will oppose it in a knee-jerk fashion.  Some say it’s happened already.

And all of a sudden, you find yourself naked, cold and wet, and stuck in a swamp.  Can you console yourself that the flies are tasty?