Most people don’t remember Obamacare’s notorious Section 1233, which mandated government payments for end-of-life counseling. It aroused so much anxiety as a possible first slippery step on the road to state-mandated late-life rationing that the Senate never included it in the final health-care law.
Well, it’s back — by administrative fiat. A month ago, Medicare issued a regulation providing for end-of-life counseling during annual “wellness” visits. It was all nicely buried amid the simultaneous release of hundreds of new Medicare rules.
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Rep. Earl Blumenauer (D.,Ore.), author of Section 1233, was delighted. “Mr. Blumenauer’s office celebrated ‘a quiet victory,’ but urged supporters not to crow about it,” reports the New York Times. Deathly quiet. In early November, his office sent an e-mail plea to supporters: “We would ask that you not broadcast this accomplishment out to any of your lists . . . e-mails can too easily be forwarded.” They had been lucky that “thus far, it seems that no press or blogs have discovered it. . . . The longer this regulation goes unnoticed, the better our chances of keeping it.”
So much for Democratic transparency — and for their repeated claim that the more people learn what is in the health-care law, the more they will like it. Turns out ignorance is the Democrats’ best hope.
And regulation is their perfect vehicle — so much quieter than legislation. Consider two other regulatory usurpations in just the last few days.
On December 23, the Interior Department issued Secretarial Order 3310, reversing a 2003 decision and giving itself the authority to designate public lands as “Wild Lands.” A clever twofer: (1) a bureaucratic power-grab — for seven years up through December 22, wilderness-designation had been the exclusive province of Congress, and (2) a leftward lurch — more land to be “protected” from such nefarious uses as domestic-oil exploration in a country disastrously dependent on foreign sources.
The very same day, the president’s Environmental Protection Agency declared that in 2011 it would begin drawing up anti-carbon regulations on oil refineries and power plants, another power grab effectively enacting what Congress had firmly rejected when presented as cap-and-trade legislation.
For an Obama bureaucrat, however, the will of Congress is a mere speed bump. Hence this regulatory trifecta, each one moving smartly left — and nicely clarifying what the spirit of bipartisan compromise that President Obama heralded in his post-lame-duck December 22 news conference was really about: a shift to the center for public consumption and political appearance only.
On that day, Obama finally embraced the tax-cut compromise he had initially excoriated, but only to avoid forfeiting its obvious political benefit — its appeal to independent voters who demand bipartisanship and are the key to Obama’s reelection. But make no mistake: Obama’s initial excoriation in his angry December 7 news conference was the authentic Obama. He hated the deal.
Now as always, Obama’s heart lies left. For those fooled into thinking otherwise by the new Obama of December 22, his administration’s defiantly liberal regulatory moves — on the environment, energy, and health care — should disabuse even the most beguiled.
These regulatory power plays make political sense. Because Obama needs to appear to reclaim the center, he will stage his more ideological fights in yawn-inducing regulatory hearings rather than in the dramatic spotlight of congressional debate. How better to impose a liberal agenda on a center-right nation than regulatory stealth?
It’s Obama’s only way forward during the next two years. He will never get past the half-Republican 112th what he could not get past the overwhelmingly Democratic 111th. He doesn’t have the votes and he surely doesn’t want the publicity. Hence the quiet resurrection, as it were, of end-of-life counseling.
Obama knows he has only so many years to change the country. In his first two, he achieved much: the first stimulus, Obamacare, and financial regulation. For the next two, however, the Republican House will prevent any repetition of that. Obama’s agenda will therefore have to be advanced by the more subterranean means of rule-by-regulation.
But this must simultaneously be mixed with ostentatious displays of legislative bipartisanship (e.g., the lame-duck tax-cut deal) in order to pull off the (apparent) centrist repositioning required for re-election. This, in turn, would grant Obama four more years when, freed from the need for pretense, he can reassert himself ideologically and complete the social-democratic transformation — begun Jan. 20, 2009; derailed Nov. 2, 2010 — that is the mission of his presidency.
President Obama is a clever politician who is determined to do what he believes is best for us, even if he has to slip through a backdoor, sneak up behind us, club us over the head and force it down our throats while we're unconscious. In his world, the ends justify the means, which is why he can betray us and still look his daughters squarely in the eye.
Other than pushing the liberal policies he cloaked in centrist rhetoric during the campaign, Barack Obama has not been the President he promised to be because it was never his intent to be that President. The American people will be well served to keep that in mind in 2012 and not be swayed by eloquent speeches made by the perpetual candidate who reads very well from a teleprompter.
Charles' warning is an important message. In fact, it needs to be a wake up call to the new congress. The stated agenda of the new members is to attempt to enact conservative measures that will reign in the government and change the direction of growth in government spending. This will be a meaningful exercise that will, at worse, force Obama into confronting the alternative agenda of the Republicans. However, it should not be assumed that the proactive legislative agenda will be successful. The Senate is where the agenda will stall and anything that gets through the Senate will be at risk of a veto.
However, given the President's clear strategic and tactical plans to end-run Congress (and the citizenry), it is vital that the Republican House use the means at it's disposal to "stand atop the Capital" and yell "stop!". That is how the "change through bureaucratic dictat" can be thwarted. Every legislator must recognize this and should be held accountable in 2012 to, not what was done to change the direction, but what was stopped.
Reducing spending and the resulting deficit is important. But spending political capital and, more importantly time and public focus, on measures that will, at best, take months or years to work through the system and be a major media distraction, will be merely fiddling while Nero Obama burns down our country.
Congress MUST impose it's authority to reign in the regulatory dictatorship or see it's constitutional powers neutered. This must be a major mission objective.
Obama will use his regulatory Czars to transform us from citizens with the God given rights of life, liberty and the pursuit of happiness into slaves of his despotic State. In the mean time as the price of oil and coal go sky high thanks to Obama's EPA edicts, Obama is oking the selling of millions of tons of US coal to China. In a sane world Obama and his crooked minions would be under criminal investigation for the out right theft of US natural resources.
The House needs to pass legislation to reverse these three sets of regulations, and make a record of all the so-called moderate Democrats who vote no. Then on to the Senate, to put Reid and Company on the record when they refuse to bring the legislation to the floor. Keep this up for the next two years. In the meantime the corrosive effects of these regulations, and all the others which are to follow, will have time to make themselves known. Then the GOP sales pitch in the 2012 election will be all about, hey America, if you don't like Regulation X, Y or Z, if we had the Senate and the White House we could've nipped the problem in the bud, and that's what we'll do going forward.
This plan would require a House with some backbone, which it probably doesn't have. But we can hope.
I suggest the new congress should go for the throat on day one: vote to repeal the income tax. The Senate and White House will kill it, and that will frame the public discussion for the next two years: everyone can be thinking about the 'good' America that we are missing because Republicans don't hold the Senate and White House.
House of Representatives, year 2010 under speaker Pelosi held only 127 session days with no sessions on Sat/Sun, nor most Mon/Fri. Because of the disasters caused by the Obama-Pelosi-Reid team over past two years and their Machiavelian plans for 2011 and beyond, Speaker Boehner and the Republicans/Tea Partiers are responsible for huge corrective actions and re-directions. Too many to list here.
House Republicans have to continuously focus like a laser beam on the people's work to be done. including being a very loud megaphone across the nation. No "silent or uncertain trumpet" in 2011. Representatives have to spend a lot more time on-site in Washington doing the people's work. Besides it cuts down on travel costs. What is the total cost per year to run the House of 435? Per working day on site? Does anyone know or care?