Archives: 06/2007

Here’s to You, Mrs. Swedenburg

Juanita Swedenburg, the Virginia winemaker who took her battle for economic liberty to the Supreme Court and won, died June 9 at the age of 82. Clint Bolick, who argued her case as a lawyer for the Institute for Justice, discussed it in his new book David’s Hammer:

My curiosity was sparked, however, during a visit in the early 1990s to a small winery in bucolic Middleburg, Virginia.  The proprietor was a striking older woman, Juanita Swedenburg, who owned and operated the winery with her husband.  She produced several good wines, including a chardonnay with the toastiest nose I can remember.  We got to talking and Mrs. Swedenburg asked me what I did for a living.  When I told her that, among other things, I challenged regulatory barriers to entrepreneurship, she exclaimed, “Have I got a regulation for you!”          

Most states, it turned out, prohibited direct interstate shipments of wine to consumers.  So that if tourists from another state visited Mrs. Swedenburg’s winery and asked how they could obtain her wines back home, she would have to reply, “You can’t.” …

As a descendant of settlers who fought in the American Revolution, Mrs. Swedenburg was outraged that such a stupid law could exist in a nation with the greatest free-enterprise system in the world. 

Eventually, Bolick writes, the Institute for Justice took Mrs. Swedenburg’s case to the Supreme Court. He argued against a New York law, and Stanford law school dean Kathleen Sullivan (who also spoke recently at the Cato Institute) argued against a similar Michigan law. The Court ruled 5-4 that such laws “deprive citizens of their right to have access to the markets of other States on equal terms.” When Bolick launched his new book at the Cato Institute in April, Mrs. Swedenburg was sitting in the front row.

Juanita Swedenburg was the kind of citizen a free republic needs. After a career in the foreign service, she and her husband “retired” to a Virginia farm that had been in business since 1762. They set up a winery and worked seven days a week to make it a success. As the Washington Post says, “Mrs. Swedenburg did not take the Constitution for granted.” She knew that there was something wrong with a law that prevented willing customers from buying the fruits of her labors, wherever they lived. And when she found a lawyer who shared her enthusiasm for both wine and constitutional liberty, she pressed him to take the case on behalf of her and her customers.

Like John Peter Zenger, Rosa Parks, Allan Bakke, Michael Hardwick, Bill Barlow, and many others, Mrs. Swedenburg made our constitutional rights real by using them. Raise a glass to her memory.

Canadian Journalists Can’t Swallow SiCKO

Michael Moore’s new film SiCKO praises the government-run health care systems of such countries as Canada.  Moore claims the film was warmly received at Cannes by Americans from both sides of the political aisle. 

Canadian journalists, however, were a little more skeptical.  Here’s how Peter Howell, a film critic for the Toronto Star, described their response to SiCKO:

Michael Moore is handing out fake bandages to promote his new film Sicko, an exposé of the failings of the U.S. health care system.  But he may feel like applying a couple to himself after the mauling he received yesterday from several Canadian journalists – present company included – following the film’s first viewing at the Cannes Film Festival.

“You Canadians! You used to be so funny!” an exasperated Moore said at a press conference in the Palais des Festivals.  “You gave us all our best comedians. When did you turn so dark?”

We Canucks were taking issue with the large liberties Sicko takes with the facts, with its lavish praise for Canada’s government-funded medicare system compared with America’s for-profit alternative.

While justifiably demonstrating the evils of an American system where dollars are the major determinant of the quality of medicare care a person receives, and where restoring a severed finger could cost an American $60,000 compared to nothing at all for a Canadian, Sicko makes it seem as if Canada’s socialized medicine is flawless and that Canadians are satisfied with the status quo…

Other Canadian journalists spoke of the long wait times Canadians face for health care, much longer than the few minutes Moore suggests in Sicko. Moore, who has come under considerable fire for factual inaccuracies in his films, parried back with more questionable claims…

Sicko, to be released in North America on June 29, is by turns enlightening and manipulative, humorous and maudlin. It makes many valid and urgent points about the crisis of U.S. health care, but they are blunted by Moore’s habit of playing fast and loose with the facts. Whether it’s a case of the end justifying the means will ultimately be for individual viewers to decide.

On June 21 – the day after the D.C. premiere of SiCKO – the Cato Institute will help viewers decide when it hosts a screening of clips from SiCKO and short films by independent filmmakers who are more critical of Canada’s Medicare system.  Click here to pre-register.  And arrive early: seating is limited. 

Republicans for Government-Run Health Care

First it was Mitt Romney supporting a HillaryCare-style health care reform in Massachusetts. Now Tommy Thompson, who as secretary of health and human services was responsible for the Medicare prescription drug debacle, is attacking Missouri governor Matt Blunt for cutting Medicaid spending. Thompson told the Associated Press that states should expand access to Medicaid because the federal government pays most of the cost.

Thompson apparently has not read Michael Cannon’s terrific paper, Medicaid’s Unseen Costs, that shows how increased Medicaid spending drives out private health insurance, increases dependency on government, and drives up costs.

With Republicans like this, who needs Democrats?

Live Free Or Not

NH sealIn this age of galloping leviathan, one cause for joy is New Hampshire’s continued willingness to thumb its nose at various dictates from Washington, D.C. In some cases, the state’s federalism obstinacy prohibits it from receiving Uncle Sam’s largess — a penalty that many Granite Staters consider a sign of honor.

But the joy of New Hampshire was muted a bit this spring when the state’s General Court (the legislature) flirted with giving up one of its most celebrated examples of recalcitrance— the refusal to adopt mandatory seat belt laws for adults. A bill mandating the wearing of seat belts made it through the state’s House of Representatives before stalling in a Senate committee. What’s more, proponents scored a victory by placing a “seat belt policy exploratory committee” rider on a completely unrelated piece of legislation.

The standard justification for seat belt laws — that government is looking out for your well-being — would have little truck in “Live Free or Die” New Hampshire. So bill proponents tried a different tack; as noted in an AP story, they claimed that they’re simply looking out for the taxpayer:

“Live Free or Die would be great but you expect everyone to pay for you,” said Rep. Jennifer Brown, the bill’s prime sponsor. “The state has to pick up the medical bills and it could be for the rest of your life.”

State. Sen. Maggie Hassan said mandating seat belt usage is just as much about her rights as those who don’t like the idea.

“People like me who use my seat belt will wind up paying for people who don’t,” she said. “This is about my rights.”

Notice the strange conception of “rights” assumed by this argument: Because government offers a benefit, government — acting on behalf of “taxpayer rights” — can dictate people’s behavior because of the possibility that some people who engage in that behavior might use that benefit. (This is different than, say, work requirements for welfare — in that case, people choose to accept a benefit, and government is placing a condition on the receipt of that benefit.)

The slippery slope problem of such thinking is obvious. Because government provides an education benefit to children, can it mandate certain behaviors for adults of child-bearing age? Because government provides some health benefits, can it regulate everyone’s risk-taking behavior? Because government provides retirement benefits, can it dictate people’s employment decisions?

This should prompt good civil libertarians to look skeptically at any proposal to create or expand government benefits. Laocoon’s warning can be updated: Beware of politicians bearing benefits.

“Michael Cannon Is Dead Right”

So says Matthew Holt of The Health Care Blog

Although, I’m not sure I wrote what he’s crediting me with writing.  Specifically:

[T]he only rational way to start groping towards a management of the insurance market that makes some kind of logical sense…must by definition involve a mandate and severe restrictions on the cherry-picking activities of insurance companies.

So I’m going to assume that Holt meant I’m dead right when I write that Jonathan Cohn is dead right when he writes that RomneyCare and HillaryCare have a lot in common.

Oddly, Holt thinks that forcing consumers to purchase health insurance is an important part of making sure no one takes advantage of them.  Funny — I think that if I wanted to take advantage of consumers, the first thing I would do would be to take away their right to say no.

India’s CCS on School Choice

The Centre for Civil Society’s Raj Cherubal has an insightful post on the difference between bureaucratic “accountability” and real market accountability in education. He caps it off by pointing out the merits of education tax credits as a tool for providing universal access to the education marketplace.

If the poor have access to the money that the tax payers set aside to help the poor, they can use that money to access far better services that the private sector is able to provide. Instead of funding government services with taxes, empower the poor with it.

(What if the tax payer could give the money directly to the poor person and get a tax credit? No need to send it to the government and then redirect it to the poor with all the leaks in the system. Pay government for the services like defence that government is supposed to do.)

Today, I have choice. You, if you are poor, have none. Soon, thanks to the growing school choice movement in India, this will not be the case.

If the Centre’s national campaign for school choice really gains traction, the 21st century will belong to India. (Hat tip to Kuffir at Blogbharti.)