Friday, July 29, 2005

Bush Only Looks Out For Big Oil's Health

July 30, 2005
NYT Op-Ed

Waiting for Another L. B. J.

IN March 1964, President Lyndon B. Johnson eyed one of the toughest unfinished tasks he had inherited from John F. Kennedy: creation of a national health care program for the elderly. With typical ambition and determination, he told his aide on health care, Wilbur Cohen, "We're going to spend the rest of our lives if necessary passing medical care."

Fifteen months later, on July 30, 1965, Johnson traveled to Independence, Mo., and with Harry Truman at his side, signed the legislation that created Medicare, whose 40th anniversary we celebrate today.

If Johnson were alive, he would view Medicare with both pride and anxiety: pride in enormous past accomplishments, anxiety about an uncertain future. He would also probably be scratching his balding head over the way Medicare exemplifies the American health care system's enduring contradictions: its huge costs and persistent gaps in coverage.

Medicare was born in strife. The legislation emerged from a titanic struggle that raged across the American political landscape starting in 1949, when Harry Truman first proposed national health insurance.

Conservatives saw Medicare as a potentially mortal intrusion of government on the American way of life. "We will awake to find that we have socialism," Ronald Reagan warned in 1962. The American Medical Association, one of the most feared lobbies of that time, tenaciously opposed Medicare. For their part, liberals saw Medicare as the first step toward long overdue federal health care coverage for all Americans.

In the end, Medicare's passage required a huge Democratic landslide in 1964, and a president who possessed not only energy and commitment, but also unparalleled legislative skills. Indeed, recently released tape recordings from the Johnson archives show the president functioning at times like a supermajority leader for both houses of Congress during the Medicare deliberations. After the bill passed the House Ways and Means Committee on March 23, 1965, Johnson spoke with Speaker John McCormack, instructing him with Texas earthiness to make haste: "Now don't you let that dead cat hang around." Even so, Medicare initially passed the House by only 45 votes.

Johnson would almost certainly feel today that the results were well worth the effort. Medicare - and its companion program, Medicaid, for the poor - made America a far more decent and healthy place, not only for the elderly but for younger generations who care for them. Before Medicare, only half of America's elderly had any kind of health insurance. But today, this country's 42 million elderly and disabled can visit virtually any doctor or hospital on any given day and receive the best care our health system has to offer. Older Americans now enjoy one of the highest average life expectancies in the world. That achievement is not all due to Medicare but hard to imagine without it.

Nevertheless, Johnson would most likely be concerned about a program that is entering middle age burdened by growing infirmities. Medicare provides insufficient coverage for long term care services that are increasingly vital to older Americans living longer with chronic illness. Drug coverage, only recently created under the Medicare Modernization Act of 2003, is still incomplete and complex. Because of these continuing gaps, elderly Americans actually pay more for health care as a percent of their income now than they did before Medicare was enacted: 21.7 percent in 2000, versus 19.1 percent in 1965. Paradoxically, the program is also extremely expensive and wasteful. With the addition of the new drug benefit, the Congressional Budget Office estimates, it is expected to cost nearly $773 billion by 2015.

In its perplexing costs and gaps, Medicare mirrors our health care system generally, whose expenses will soon exceed $2 trillion - more than the gross domestic product of Great Britain or France - yet leaves 45 million Americans uninsured. It will be hard to preserve Medicare's benefits without finding solutions to our broader systemic problems, because Medicare relies on that system to serve elderly Americans.

Medicare's history suggests that tough problems in health care can be solved, but only after long struggle, and only with visionary and effective leadership from the highest reaches of our political system. Johnson pulled out all the stops for Medicare. He told Vice President Hubert Humphrey on March 6, 1965: "I'll go a hundred million or a billon on health or education. I don't argue about that any more than I argue about Lady Bird buying flour." He added: "I may cut back some tanks. But not on health."

One measure of Johnson's achievement is surely that Republicans, who have gone from reviling Medicare to enacting its costly new drug benefit, have accepted the program as part of America's social safety net and political firmament. But Medicare's mixed history also suggests that, in health care at least, no solution is ever final. Preserving its benefits, and fixing our failing health care system, will require strong support from the American public and a president as committed and politically agile as Lyndon Baines Johnson. It would be tragic if we had to wait four more decades for this rare combination to emerge.

David Blumenthal is the director of the Institute for Health Policy at Massachusetts General Hospital and aprofessorat Harvard Medical School. James Morone is a professor of political science at Brown University.

The Roots of Prisoner Abuse

July 30, 2005
NYT EDITORIAL

The Roots of Prisoner Abuse

This week, the White House blocked a Senate vote on a measure sponsored by a half-dozen Republicans, including Senator John McCain, that would prohibit cruel, degrading or inhumane treatment of prisoners. Besides being outrageous on its face, that action served as a reminder of how the Bush administration ducks for cover behind the men and women in uniform when challenged on military policy, but ignores their advice when it seems inconvenient.

Senator Lindsey Graham, a Republican who has shown real political courage on this issue, recently released documents showing that the military's top lawyers had warned a year before the Abu Ghraib nightmare came to light that detainee policies imposed by the White House and Secretary of Defense Donald Rumsfeld violated American and international law and undermined the standards of civilized treatment embedded in the American military tradition.

In February 2003, Maj. Gen. Jack Rives, the deputy judge advocate general of the Air Force, reminded his civilian bosses that American rules on the treatment of prisoners had grown out of Vietnam, where captured Americans, like Mr. McCain, were tortured. "We have taken the legal and moral 'high road' in the conduct of our military operations regardless of how others may operate," he wrote. Abandoning those rules, he said, endangered every American soldier.

General Rives and the other military lawyers argued strongly against declaring that Mr. Bush was above the law when it came to antiterrorism operations. But the president's team ignored them, offering up a pretzel logic that General Rives and the other military experts warned would not fool anyone. Rear Adm. Michael Lohr, the Navy's judge advocate general, said that the situation at the American prison at Guantánamo Bay in Cuba might be so legalistically unique that the Geneva Conventions and even the Constitution did not necessarily apply. But he asked, "Will the American people find we have missed the forest for the trees by condoning practices that, while technically legal, are inconsistent with our most fundamental values?"

General Rives said that if the White House permitted abusive interrogations at Guantánamo Bay, it would not be able to restrict them to that single prison. He argued that soldiers elsewhere would conclude that their commanders were condoning illegal behavior. And that is precisely what happened at Abu Ghraib after the general who organized the abuse of prisoners at Guantánamo went to Iraq to toughen up the interrogation of prisoners there.

The White House ignored these military lawyers' advice two years ago. Now it is trying to kill the measure that would define the term "illegal combatants," set rules for interrogations and prohibit cruel and inhumane treatment of prisoners. The president considers this an undue restriction of his powers. It's not only due; it's way overdue.