Public Policy and Governance – Page 156

How Shall Trump Kill Us? Let Us Count The Ways…

Just in the past week, I’ve come across several accounts of the Trump Administration’s war on regulation–you know, those pesky rules that impede commerce by denying businesses the “liberty” of selling shoddy and dangerous goods to an unwary public.

First, the Washington Post has reported on changes at the Consumer Product Safety Commission.

The crashes were brutal. With no warning, the front wheel on the three-wheeled BOB jogging strollers fell off, causing the carriages to careen and even flip over. Adults shattered bones. They tore ligaments. Children smashed their teeth. They gashed their faces. One child bled from his ear canal.

Staff members at the Consumer Product Safety Commission collected 200 consumer-submitted reports from 2012 to 2018 of spontaneous failure of the stroller wheel, which is secured to a front fork by a quick-release lever, like on a bicycle. Nearly 100 adults and children were injured, according to the commission. The agency’s staff members investigated for months before deciding in 2017 that one of the most popular jogging strollers on the market was unsafe and needed to be recalled.

The manufacturer refused to issue a voluntary recall of the nearly 500,000 strollers, insisting they were safe when used as instructed. The agency sued.

Then Trump was elected.

According to a review of documents by The Washington Post and interviews with eight current and former senior agency officials, the agency’s Republican chairwoman kept Democratic commissioners in the dark about the stroller investigation and then helped end the case in court.

The settlement did not include a recall or formal correction plan.

Paul Krugman’s column in the New York Times looks at food inspections.His column’s title– “Donald Trump is Trying to Kill You”–isn’t really an exaggeration. As Krugman notes, even if he’s a one-term president, Trump will have caused, directly or indirectly, the premature deaths of a large number of Americans.

Some of those deaths will come at the hands of right-wing, white nationalist extremists, who are a rapidly growing threat, partly because they feel empowered by a president who calls them “very fine people.”

Some will come from failures of governance, like the inadequate response to Hurricane Maria, which surely contributed to the high death toll in Puerto Rico. (Reminder: Puerto Ricans are U.S. citizens.)

Some will come from the administration’s continuing efforts to sabotage Obamacare..

But the biggest death toll is likely to come from Trump’s agenda of deregulation — or maybe we should call it “deregulation,” because his administration is curiously selective about which industries it wants to leave alone.

The administration recently announced plans to allow hog plants to take over a large part of what is currently federal responsibility for food safety inspections.

And why not? It’s not as if we’ve seen safety problems arise from self-regulation in, say, the aircraft industry, have we? Or as if we ever experience major outbreaks of food-borne illness? Or as if there was a reason the U.S. government stepped in to regulate meatpackingin the first place?

Krugman notes that the administration also wants to roll back rules that limit emissions of mercury from power plants, and has acted to prevent the EPA from explaining the benefits of reduced mercury emissions. But the Trump Administration is very worried about supposed negative side effects of renewable energy, negatives which, as Krugman points out, “generally exist only in their imagination.”

Last year the administration floated a proposal that would have forced the operators of electricity grids to subsidize coal and nuclear energy. The supposed rationale was that new sources were threatening to destabilize those grids — but the grid operators themselves denied that this was the case.

An administration willing to “trust” pork producers insists that wind turbines cause cancer. This may just be because the President is monumentally ignorant (and clinically insane), but Krugman reminds us to follow the money.

Political contributions from the meat-processing industry overwhelmingly favor Republicans. Coal mining supports the G.O.P. almost exclusively. Alternative energy, on the other hand, generally favors Democrats.

Baby strollers, I assume, are manufactured by contributors to the GOP…one of the consolations of old age is no longer having a baby to stroll…

Thanks to growing up kosher, I still don’t eat pork. The rest of you might rethink that too.

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Indiana–Ignoring Law, Pursing Bad Policy

The current push by the Trump Administration to add work requirements to Medicaid is stupid and unworkable–not that Trump understands or cares. It is also likely to be costly–adding another condition to receipt of health care is yet another bureaucratic task, another box to be checked off by someone who must be paid to do the checking.

People knowledgable about the program point out that virtually all Medicaid recipients fall into one of three categories. They are elderly, disabled or children. (This is an administration that doesn’t listen to experts, of course. The President’s “gut” is the basis of policy, not evidence or fact.) The consensus of opinion from experts is that it would cost far more to administer the requirement than it would save by throwing a very few people off the program (unless, of course, the requirement is applied more broadly than justified).

And that brings me to my own State of Indiana, where ideology consistently defeats both facts and common sense. Indiana is continuing to pursue work requirements despite the overwhelming evidence that it’s a stupid policy and despite the fact that recent federal court decisions hold that it violates federal law.

On Wednesday, a judge struck down Arkansas and Kentucky’s Medicaid work requirement programs, throwing the future of the conservative health policy — and Medicaid expansion at large — into question.

U.S. District Judge James Boasberg’s ruling blocks Kentucky from implementing its program — which was the first approved by the Trump administration in January 2018 — and puts an end to Arkansas’ program, which has been running since June and has led to the loss of health care for tens of thousands of people.

In a case expected to reach the U.S. Supreme Court, Judge Boasberg ruled that “Medicaid is an entitlement” and that the defendants “did not address … how the project would implicate the ‘core’ objective of Medicaid: the provision of medical coverage to the needy.”

A number of Republicans echo the position taken by (increasingly unpopular) Kentucky Governor Matt Bevin. Bevin has vowed to end Kentucky’s entire Medicaid expansion program if he can’t implement the work requirements. That would mean 400,000 people would lose their health insurance–but punitive ideology is clearly more important to Bevin than the health care of 400,000 citizens of his state.

Gives “my way or the highway” a whole new emphasis….

What makes this position especially egregious is that it isn’t prompted by cost concerns; it is entirely motivated by opposition to government-provided health care even when the federal government is paying for it.

Work requirements for Medicaid, the nation’s health insurance for the poor, sprang up after the passage of the Affordable Care Act, President Barack Obama’s signature legislation. The law allows and helps states offer Medicaid to more low-income people. The federal government initially pays 100 percent — and eventually 90 percent — of the costs of expanding eligibility to people earning 138 percent of the federal poverty line.

Most of the early adopters of Medicaid expansion were Democratic-led states. Some Republican-led states have slowly expanded coverage, but most of them have added a work requirement for nondisabled people — a policy that the Obama administration repeatedly rejected. Under the Trump administration, CMS has approved work requirement waivers for Arkansas, Arizona, Indiana, Kentucky, Michigan, New Hampshire, Ohio and Wisconsin.

I will never understand the Republican animus toward the poor. Whatever happened to the Christian admonition about caring for “the least of us”?

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Checks And Balances

There’s a reason Donald Trump has been focused on the selection and seating of highly partisan judges with little to no judicial experience. When he is sued over his autocratic actions, and the cases are heard by competent judges currently on the bench, he loses. Bigly.

The courts are part of that “checks and balances” thing the Founders were so hung up on.

The Washington Post considered Trump’s “win-loss” ratio, and Ed Brayton (Dispatches from the Culture Wars) commented on the report.

The Washington Post looks at the track record of legal challenges to Donald Trump’s policies, especially in regard to changing Obama-era regulations and issuing executive orders, and finds that he’s losing those cases in court at an astonishing, but predictable, rate.

It’s clear from the Post’s report that Trump and his cabinet of incompetents lost a number of cases simply because they ignored relevant laws prescribing the process that had to be followed.

Federal judges have ruled against the Trump administration at least 63 times over the past two years, an extraordinary record of legal defeat that has stymied large parts of the president’s agenda on the environment, immigration and other matters.

In case after case, judges have rebuked Trump officials for failing to follow the most basic rules of governance for shifting policy, including providing legitimate explanations supported by facts and, where required, public input…

“What they have consistently been doing is short-circuiting the process,” said Georgetown Law School’s William W. Buzbee, an expert on administrative law who has studied Trump’s record. In the regulatory cases, Buzbee said, “They don’t even come close” to explaining their actions, “making it very easy for the courts to reject them because they’re not doing their homework.”

Somehow, “homework” isn’t a word one associates with Trump, or with the Keystone Kop assortment of cabinet officials he has appointed. Usually, the “win rate” for government in these sorts of cases is about 70 percent. But as of mid-January of this year, a database at the Institute for Policy Integrity at the NYU Law School shows Trump’s win rate at about 6 percent.

Actually, that’s not bad for someone who clearly isn’t familiar with even 6% of the Constitution, and who has exhibited 0% knowledge of the rules and norms governing the office he holds.

Ed Brayton, as usual, cuts to the heart of the issue:

There’s a simple reason this is happening and it goes back to the old proverb that a fish rots from the head down. Trump could not possibly care any less about pesky things like legal protocols and requirements. He thinks if he just bellows out “I want this done,” it gets done. Following proper legal procedures is for the little guy, the plebes, the rabble, not for narcissistic wannabe dictators who are used to getting their way.

The only way Trump, McConnell and today’s GOP can game the system going forward is by corrupting the judiciary. And on that, their progress should terrify us all.

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The Trump Effect

The more I learn about Trump’s Washington, the more nauseated I become.

I recently came across an article in the Washingtonian, looking at the ways in which Trump’s Presidency has changed lobbying.The lead-in to that discussion was a report detailing another “Trump effect”–his negative effect on tourism.

The development, Dow explains, was rooted in several forces, including a stronger US dollar, economic weakness in Latin America, and dirt-cheap airfare in Europe. But there was another factor, Dow says: “the Trump effect.” The 2017 executive order blocking entry to citizens from six majority-Muslim countries, and the President’s hostile proclamations about immigration, had signaled to foreigners they weren’t welcome here, even if they only wanted to spend money in Times Square and go home.

Understandably, travel agencies and their lobbyists wanted to “change the rhetoric.” In previous administrations, the lobbyists would have started with the bureaucracy, whose officials the lobbyists usually knew.

In Trump’s government, though, the rhetoric came from the President’s own gut. Sharing policy insight with an agency functionary wasn’t going to help. They had to plant their talking points in front of POTUS himself. But how?

The coalition hired S-3 Public Affairs, one of the many DC lobbying-and-media-consulting firms scrambling to adjust to the city’s new power structure. In prior years, says S-3 partner Amos Snead, the firm might have designed an “outside-in” approach—collect letters or petitions from industry backers around the country, bring them to Washington, and use the testimonials to influence lawmakers, agency officials, and other thought leaders. Trump’s Washington, Snead believed, required a different approach. He sensed there might be a more direct path into the President’s head, via one of his favorite mediums: Twitter.

They followed Trump’s movements and sent their ads to IP addresses that covered wherever he was. This is what’s known in the industry, as the “audience of one” strategy—and according to the article, it’s become a staple of the business of Washington under Trump.

We may be critical of bureaucracy, but individual bureaucrats typically know a great deal about their particular area of governance. Lobbyists who want to be effective have to pitch their arguments to people who can immediately spot the weaknesses, ask pertinent questions, and “vet” proposals before sending them on up the chain of command.

Not in Trumpworld. He Who Knows Nothing responds only to flattery, so lobbyists now bypass informed underlings (to whom Trump doesn’t listen anyway.) Now…

During at least the first seven months of the new administration, staffers in the White House communications department compiled flattering news stories about Trump into packets, which they delivered to the President twice a day. According to a former White House aide, as the packet made its way to the Oval Office, additional officials inserted other news articles they wanted the President to read. “It would typically be, like, Stephen Miller putting his latest race-baiting story in there,” the former White House aide says.

When consultants and lobbyists learned about the folder, they saw a fresh opportunity. One Republican consultant told me he was able to plant stories favorable to his corporate clients in Breitbart News—the far-right outlet once run by Trump’s former strategist, Steve Bannon—and then pass those stories to a friend in the White House, who in turn slipped them into the daily packet destined for the Oval. “If you have a friend in there who can get something on the Resolute desk,” the consultant says, “it doesn’t really matter what the source [of the information] is anymore.”

And then there’s television…

The cornerstone of the audience-of-one strategy, though, is Trump’s love affair with television. After the election, consultants began buying commercial time during Fox & Friends, the conservative morning show that the President is known to watch religiously. But how do you get a 72-year-old man with no interest in policy to watch a commercial on ethanol subsidies? Well, the influencers decided, you find old footage of Trump discussing the issue on the campaign and make him the star of the commercial.

“The President’s favorite topic is himself,” says a Republican consultant. “What better way to get him interested in a message than by providing him with the thing that he’s most obsessed with?”

There’s much more along these lines in the article. Those of you with strong stomachs should click through and read it. I’ll just warn you that the policy process in Trumpville looks nothing like the one I’ve been teaching for twenty years.

As for me–I’m just going to go throw up now.

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Meanwhile, Behind The Scenes…

While most of our media is caught up in “Mueller frenzy,” and Trump continues to suck all the oxygen out of the room, I thought I’d just share some underreported information about what our disgraceful federal government has been doing largely out of public view.

The Guardian is one of the few publications that seems to be following the day-to-day efforts of the Trump Administration to thwart global environmental efforts.

The United States and Saudi Arabia have hamstrung global efforts to scrutinise climate geoengineering in order to benefit their fossil fuel industries, according to multiple sources at the United Nationsenvironment assembly, taking place this week in Nairobi.

The world’s two biggest oil producers reportedly led opposition against plans to examine the risks of climate-manipulating technology such as sucking carbon out of the air, reflective mirrors in space, seeding the oceans and injecting particulates into the atmosphere.

Geoengineering is the name given to technical efforts to stop or reverse climate change; as scientists have proposed various methods, concerns over the potential for dangerously negative global effects have increased. Assessing the risks of proposed massive environmental interventions would certainly seem prudent–but the fossil fuel industry has seized on these proposals as a way to justify further expansion of their industries, and they aren’t interested in risk assessments that might cast doubt on that expansion. Full steam ahead.

Add that to the administration’s other efforts to sabotage environmental measures.

This was not the only agenda item in Nairobi that Trump administration diplomats were accused of watering down; they were also accused of undermining efforts to ensure strong environmental governance. “They are trying to remove all targets and timelines,” said one senior delegate.

An ambitious Indian resolution to phase out single-use plastics by 2025 has been diluted to resolving to “significantly reduce” them by 2030, said another delegate. The US was supported by Brazil and at least four other countries in pushing back the deadline and making the language more vague.

On marine waste, a Norwegian proposal to build an effective global strategy for dealing with plastics that enter the oceans has also met with resistance from the US. “They want to postpone measures so they can protect their industry,” said an ambassador from a large developing country.

In yet another example of being on the wrong side of history, there is the administration’s push-back against women’s rights.

US officials in New York are attempting to water down language and remove the word “gender” from documents being negotiated at the UN, in what is being seen as a threat to international agreements on women’s rights.

In negotiations at the Commission on the Status of Women(CSW), which resume at UN headquarters this week, the US wants to replace “gender” in the forum’s outcome document with references only to women and girls.

The move follows similar attempts by the US last year to change languagein documents before the UN human rights council.

In draft documents, seen by the Guardian, the US is taking a step further at CSW by refusing to reaffirm the country’s commitment to the landmark Beijing declaration and platform for action, agreed at the fourth world conference of women held in 1995.

After all, why would practitioners of “locker room talk” and predatory sexual behavior want to empower women?

Under the Trump administration, US negotiators have found themselves more aligned with countries including Iran, Saudi Arabia and Russia than European nations. These countries consistently seek to undermine agreements on women’s rights at the UN, specifically around reproductive health and rights. This year’s US delegation includes Valerie Huber, a proponent of abstinence-only sex education and now a senior policy advisor in the Department of Health and Human Services, and Bethany Kozma, an anti-choice activist and senior advisor for women’s empowerment at the US Agency for International Development.

Just file these “factoids” in the growing category “why the world no longer looks up to the United States.”

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