Categories
culture politics

Public vs Private Companies


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Blessed 2 Scrapbook
Photo by Paul Riismandel

Coverage of the Hobby Lobby case seems to be consistent in saying that the U.S. Supreme Court is essentially deciding the question of whether not-specifically-religious corporations can exercise religious rights. The issue in this case is requiring insurance coverage for federally determined forms of contraception but if the decision is based on the ability of companies to exercise religious rights then it could also extend to whether companies can choose under what circumstances they will offer their services.

It struck me this morning that the question isn’t really whether corporations can exercise religious rights. The real question is: at what point in the pursuit of profit do individuals diminish or forego their right to religious expression? Those siding with the government in this case are afraid that companies will be able to use the guise of religious belief to get around the expense of some legal mandates. After all, if the Green family (Hobby Lobby) can claim religious belief avoid paying for some expensive forms of birth control for their employees why can’t the Walton family (Walmart) do the same?

Categories
National pictures

Confusing the Point


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Edward Snowden
Image by: DonkeyHotey

This may be the most obtuse argument I’ve read regarding Edward Snowden. I don’t want to be too hard on Jay Evensen but the logic he uses here is terrible. A conspiracy theorist could come up with many sinister motives for such a poor argument against Snowden but I’m sure it’s something much more mundane like trying to meet a publishing deadline.

Let’s break it down.

First we have an attempt to discredit Snowden based on his connection with Russia.

{Snowden} chose exile {in Russia} because he faces charges of espionage in the United States for revealing things he felt were so egregious he no longer could keep quiet about them. And yet neither he nor his friend, Wikileaks founder Julian Assange, seem concerned enough about the blatant abuses in Russia or other countries to dig deeper and expose more.

But it’s no longer convincing, or even noble, to claim a sort of relativistic neutrality while hiding in Russia.

There are two parts to this. The first is that Snowden had a choice of where he took exile. This argument requires that we ignore the fact that while Snowden chose exile because of the charges of espionage in the U.S. he was unable to fly to any of the other locations that offered him exile. Russia was functionally his only option. The second is that Snowden should be exposing Russian digital espionage. This argument relies on ignoring the fact that Snowden’s revelations about the NSA are not based on some super hacker skill on Snowden’s part. Snowden’s information was based on him holding a position of privileged access within the NSA which he would never have within Russian intelligence.

Then we have an effort to defend the NSA by saying it does necessary work.

The U.S. government spies on people. We get it. The NSA is a huge agency with the resources to build a profile on just about anybody it chooses. We get that, too.

But why does the NSA do it? Could there be noble reasons, even if the methods aren’t the best?

Does Snowden care at all about the security of the nation he fled? Does he think the NSA should stop spying altogether, or can he imagine a reason why a spy agency might be important in a dangerous world? What would he consider proper spying?

Again this comes in two parts. The questions for Snowden can’t be asked sincerely unless you have only listened to the non-Snowden side of the story. He has been very clear that he recognizes the necessity of espionage activities and that the reasons behind his actions were the systemic abuses whereby the agency overstepped their constitutional authority (which someone might argue is occasionally necessary) and hid their actions not only from the American public at large (which is certainly necessary to some degree where espionage is concerned) but also from the very congressional committees with oversight over their actions (which is a red flag of the first order in all cases).

Using “Could there be noble reasons, even if the methods aren’t the best?” as an argument here would be like saying of the John Swallow case that raising money is necessary to run a campaign so even if he got money from payday lenders it really shouldn’t be a big deal. That argument completely misses the point of the outrage which isn’t that Swallow got money from payday lenders and that the NSA was spying. The reason for people to be upset in both cases is the way John Swallow and the NSA both went to great lengths to hide their activities from the very people they were supposed to be working for and the organizations that were authorized to provide oversight for their operations.

It occurred to me as I reviewed the article that the point Mr. Evensen wanted to make was that Russia was a greater threat to liberty than the NSA. If so, this was not the way to try making that argument.

Categories
Local politics State

I’m In


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Well, I’ve been struggling with the question of whether I should run to replace Jim Nielson in House District 19 since he announced that he won’t run for another term. Apparently Mike Leavitt told Mitt Romney about it and Mitt took the time to share his thoughts:

Email From Mitt

 

With that encouragement how could I not take the leap. I’m glad that Mitt is using his iPad to dispense so much wisdom. The people of House District 19 will be the beneficiaries of it.

Thanks for your support Mitt. On to victory!

Categories
culture politics State

Funding Education


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Senator Pat Jones has an idea about how to bring in more money for our public education system in Utah. I appreciate what she is trying to accomplish and laud her efforts to make a difference but as someone who definitely qualifies as having a large family (this bill will hit me twice as hard as at least half the households in the state) – in other words as someone whom this bill targets for funding – I have to say that there are a few problems with the logic behind this effort.

Categories
politics State

Facts Aren’t Always Impartial


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I was listening to Doug Wright this morning talking about the John Swallow situation and I found myself laughing at the linguistic gymnastics he was engaged in trying to discuss the situation without suggesting that impeachment might be the proper course of action to untangle the mess that Mr. Swallow has created.

I can’t decide whether the verbal somersaults were a result of Mr. Wright trying to appear unbiased while secretly agreeing with the Eagle Forum that impeachment should be reserved as a tool we use after we know an official is guilty of serious crimes such as the FBI might investigate or if it was simply a result of Mr. Wright not understanding that being personally impartial does not require the pretense that the facts of the situation be impartial – as if there are facts in favor of Mr. Swallow the way there are so many facts that clearly demonstrate that a legislative investigation is already warranted. Of course there are many unproven allegations out there but there are enough allegations backed up with enough evidence to clearly warrant an investigation by the House.

Here is my unbiased (and unvarnished) opinion. Unless the House is able to investigate and prove that the many emails, recordings, and receipts that we already have in relation to Mr. Swallow’s interactions with Mr. Jensen and Mr. Johnson were fabricated then Mr. Swallow has clearly violated the public trust and should not hold any position of public trust – even if everything he did was technically legal as Mr. Swallow obviously believes (which is why he insists on directing our focus to the existing investigations by the FBI – which necessarily cannot address the issue of public trust).

Categories
politics State

Impeachment isn’t the same as Removal from Office


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I don’t know if John Swallow’s attorneys are honest (like many people) in mistakenly conflating the opening of impeachment proceedings with the potential outcome of conviction and removal from office or if they are simply perpetuating that misconception in the hopes of protecting their client. Either way, it is once again time to try to clear up that misconception.

The attitude from Mr. Swallow’s attorneys is quite clear in their letter:

“This discussion about impeachment is based on innuendo and unsupported allegations in the press from indicted and convicted felons and a few political enemies of Mr. Swallow,” attorneys Rod Snow and Jennifer James said.

I would expect exactly that attitude from any attorney regarding their own client. The problem is that it misrepresents the situation. Some of the allegations do come from indicted and convicted felons but beyond those indicted and convicted felons the allegations are also coming from many others – not just “a few political enemies.” They may choose to describe everyone who has made allegations as a political enemy but the number of people making allegations can hardly be quantified as “few.”

Categories
culture Local politics State

Thoughts on Caucus System Reform


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Curt Bentley has an excellent post in which he discusses the issue of reforming the caucus system. I really appreciate the methodical approach he has taken to examine the issue. I completely agree with each of his guiding principles and while I suspect I am more comfortable with the caucus system in its current form than he seems to be, I also want to see it strengthened through some reforms that will make it better at promoting voter participation and issue-centric campaigns. I agree with his assessment of what the caucus system does well and with his conclusion that dumping the caucus system entirely is not the way to go. As for his assessment of what the caucus system doesn’t do well, I have some thoughts I’d like to share and I sincerely hope that Curt and others will share their feedback on those thoughts.

Categories
politics State

Don’t Be Fooled


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Photo by Alan Parkinson

When the news began about accusations against John Swallow his first response was to dismiss the allegations based on the tainted source from which they sprang and then duck his head and send out lots of emails about what “he” was doing for the state. When the volume and variety of allegations increased Mr. Swallow adopted a new standard answer which sounds reasonable on the surface but is likewise meant to distract from the issue arising from the multitude of allegations. His standard andwer is that he has done nothing illegal and therefore he will not resign. Holly Richardson does a great job of explaining the standard which governs the impeachment process and that standard is “high crimes and misdemeanors” not “committing illegal acts.” In doing so she illuminated the way that Mr. Swallow is using his standard answer to deflate the very appropriate calls for impeachment by playing on a general misunderstanding of what constitutes “high crimes and misdemeanors.” Let me start by making this very clear. We tend to think of high crimes being obviously criminal like murder but the fact is that obviously criminal acts such as that are felonies and felons are not even allowed to vote, let alone hold office. Lesser criminal acts are classified as misdemeanors so having ruled those out we can understand that “high crimes” are acts which may not even be actionable in the criminal system. As Holly points out, they are issues such as “breaches of ethical conduct, misuse of power, and neglect of duty.”

Categories
Local politics State

Strengthening Our Caucus System


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Caucus meeting
Image by Cherie Priest

I really appreciated Paul Mero’s take on efforts to change our caucus and convention system. Unlike Mr. Mero, I’m not well enough connected to be invited to take part in private meetings regarding how to change Utah’s caucus and convention system. On that particular issue that is the largest of our differences.

Like Mr. Mero I have been annoyed at the misinformation that I have seen spread by and among delegates with extreme positions on a number of issues – HB 166 among them. Like Mr. Mero, I have tried to pay attention to the efforts to change the caucus/convention system but I have not found those proposed changes to warrant any particular support from me. The core of where my views align with those expressed by Mr. Mero are summed up in the following quote:

Yes, I’m sure some delegates have stated that they don’t want increased participation in the political process. But, to be fair, most of those voices are more concerned about how blissfully ignorant most Utahns are about the world around them than those voices are about consuming political power. So, yes, these delegates do believe they are better informed and for good reason – most of them are! Not all of them have the right answers, for sure. But it’s a bit disingenuous of my friend to chastise any serious citizen for wanting her candidate to be elected or her policy to become law – for heaven’s sake, that’s exactly what everyone wants!…

If reformers want their candidates elected to office, they should make a case that appeals to the most responsible citizens who take time to engage in a democratic process that has served this state since its founding.

Categories
culture politics

Causes and Symptoms


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Photo by Center for American Progress

In the practice of medicine we have come a long way from the days when doctors could do little more than treat the symptoms their patients were experiencing and hope that they were physically strong enough to recover from the underlying condition that was producing the symptoms. There are still times when doctors are limited to treating symptoms – such as when a condition has not been diagnosed yet or when it is so far advanced that it is beyond the reach of our available medical care – but generally in modern times our doctors seek to treat the underlying cause of a problem rather than the symptoms. We need to do more of that in the healthcare industry – especially as it relates to our most pressing chronic condition in the industry: uncontrolled costs.

The first step in treating an underlying problem is to correctly identify it. As is often the case with health problems, our healthcare industry is suffering from multiple underlying problems which interact with each other in ways that magnify their combined effects and often make an accurate diagnosis difficult to make. Thankfully we have had people interested enough in this issue for long enough to have made some headway in identifying at least some of the more pronounced underlying problems. These include the cost of new medicines and health care technologies, weakening of market influences in our health care decisions, misaligned incentives in the system, and inefficiencies in the practice of medicine (like misdiagnoses, inaccurate record keeping, reliance on emergency care by some patients, and problematic record sharing between parties).

I can’t claim to have solutions to all of these underlying problems, nor can I be sure that these represent a complete set of the real problems driving our symptom of skyrocketing costs. On the other hand, I am confident that the way we will solve the problems in our healthcare industry will follow the same pattern that people used to solve the problems that the practice of healthcare has become so adept at addressing. It will require many individuals and groups tackling the problems from a variaty of perspectives and experiementing with a variety of solutions. It won’t be done simply by turning the problem over to government and expecting them to insist on providers not charging outrageous amounts for the care we wish to receive (which is essaentially the premise behind the Affordable Care Act).

While I am anything but optomistic about the eventual benefits of the Affordable Care Act, I am encouraged at many other examples of private organizations taking steps to identify and address various of the systemic problems that afflict our health care system. Some of the initiatives I know of which give me hope is the innovative ways that some companies try to reduce health care costs without reducing employee benefits (Walmart, for example), the growing prevalence of individuals having high deductible insurance plans coupled with health savings accounts (which helps to introduce stronger market forces and healthier incentives into the health care system), efforts to bring more transparency to health care from groups like Pricing Healthcare, experiments in combining data-mining with hands-on care to reduce the costs associated with statistical outliers, and the rise of Direct Primary Care Practices and retail clinics.

We are nowhere near solving this problem and we need much more in the way of innovation and fresh perspectives but we have reason to hope that this problem will be cured in time.