Independence Day

“Too often in recent history liberal governments have been wrecked on rocks of loose fiscal policy.”

Here’s a revolutionary idea.

Independence Day commemorates our declaration of independence from the King of England. The revolution officially began two days earlier when the Second Continental Congress approved the legal separation of the American colonies from Great Britain, a resolution proposed by Richard Henry Lee of Virginia in June. After voting for independence on July 2, Congress debated and revised the Declaration itself for two whole days and approved it on July 4.

In the centuries since, only the 111th Congress has moved with anywhere near the speed of that first gathering, since the 111th Congress passed trillions of dollars of spending on millions of pages of bills in less than 100 days. And no one in Washington read any of them.

The Declaration of Independence fits on one page. Everyone in the Continental Congress read the whole thing.

In Peoria just one hundred fifty-seven years ago Rep. Abraham Lincoln said,

Nearly eighty years ago we began by declaring that all men are created equal; but now from that beginning July 4, 1776we have run down to the other declaration, that for some men to enslave others is a “sacred right of self-government.” … Our republican robe is soiled and trailed in the dust. Let us repurify it. … Let us re-adopt the Declaration of Independence, and with it, the practices, and policy, which harmonize with it.

Lincoln spoke of the enslavement of persons. Today our republican robe is soiled and trailed in the dust by a government that would enslave We the Overtaxed People, taking more and more of our rights and our land and our life’s blood to its own purpose.

Just to rekindle our liberal friends, Franklin Delano Roosevelt made the “loose fiscal policy” quote.

The second session of the 114th Congress is back to its usual wiener roasts (they have “worked” 81 days this year and are off for the months of July and August) and Nero Claudius Caesar Augustus Germanicus is indeed still fiddling in Washington.

Two hundred thirty-five years ago today, General George Washington marked July 4 with a double ration of rum and an artillery salute for the soldiers who fought off the foreign monarchy that did enslave us. It is now time to mark July 4 with a double ration of electoral salute to those who would be the modern monarchy of government.

“The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”

Let us re-adopt the Declaration of Independence, and with it, the practices, and policy, which harmonize with it. Can you do that? Take the test if you dare.



Much of our litigious life today grew out of English Common Law. We abandoned one really good idea in the first Revolution, though. We abandoned the No Confidence vote.

An earlier version of this column appeared in 2011.

 

Gouged

First, do no harm.

I met a fellow at the drug store counter the other day (we’ll call him “Bob” so he remains completely anonymous). Bob told me his insurance company denied renewing the 30 mg Prevacid™ prescription he’s taken for years. A little research shows that the FDA approved 15 mg Prevacid™ for Over-the-Counter sales. Bob thinks he can remind Aetna that “the FDA decided you still need an Rx for the 30 mg.”

Mortar and PestleBob is, as we say in Big Pharma, scrogged. Oh, he can buy and take two of the 15 mg pills and he will, in the short term, but that is exactly the same as taking the 30mg which the FDA says you need the prescription for.

“Someone got stupid or cute,” he added.

We’ve all heard of Martin Shkreli, even if we don’t remember his name. The then-new CEO of Turing Pharmaceuticals acquired rights to make Daraprim™, an HIV and cancer drug that has been on the market since 1953 (it is a sole-source medication for toxoplasmosis that is frequently used to treat a life-threatening parasitic infection in patients with compromised immune systems). Turing raised the price from $13.50 to $750 per pill; Sen. Bob Casey (D-PA) called that move “pure evil.” Mr. Shkreli was arrested in December on securities fraud charges.

The Burlington Free Press reports that Bob and Deborah Messing of Montpelier are in the same boat. “She’s on Orencia™ … for rheumatoid arthritis. He recently finished a course of Harvoni™ … to treat hepatitis C.

“Both drugs are expensive. Harvoni™ lists at $1,125 per pill, or $94,500 for a 12-week course of treatment. Orencia’s list price tops $3,000 a month.”

Meanwhile, tens of millions of Americans use beta-blockers to treat hypertension and other heart ailments. My grandmother died in 1953, after living as an invalid with high blood pressure for years. Daraprim™ wouldn’t have helped her but drugs like Inderal™ would have. If she could have afforderd it. Pronethalol™, the first ß adrenergic receptor antagonist, was introduced in 1962 to treat angina pectoris. Propranolol was launched under the trade name Inderal™ in 1965. Corgard™ (generic name: nadolol) came along a few years later. We call them beta-blockers.

Bob’s wife Jean takes nadolol every day and her blood pressure is well controlled. It’s one of those miracle drugs that was on the Walmart $4 list ($10 for a 90-day supply). Unfortunately, the price of generic nadolol skyrocketed after a supposed “shortage” in 2013 — it was actually cheaper to buy the branded Corgard™.

Found on the Interwebs: “This bull$%!# is the game the manufacturers and distributors play. They create a shortage then raise the price through the roof. This one is unforgivable. It’s an old drug and shouldn’t cost more then it used to.”

Drugs.com shows the current price for 90 tablets is $201.38 or $2.24 per pill. Intriguingly, their best price is $0.88 per pill for 30 tablets. “Prices are for cash paying customers only and are not valid with insurance plans.”

Jean called one of the generic nadolol manufacturers and was told there was absolutely no shortage. They didn’t explain the price hike, though.

I can.

Oh, there has been plenty of finger pointing. Pfizer, the world’s largest drug maker and the manufacturer of Corgard™, paid $68 billion for rival Wyeth back in 2009. Even with the Wyeth deal Pfizer has product, patent, and no-drugs-in-the-pipeline problems. “That cost isn’t it, though. It’s the distributors.” “Oh, no, the retailers did it.” “Not me! I barely make the rent.” “Medicare and Medicaid and the VA can’t negotiate better prices under federal law.” And so on. For the record, Pfizer’s Wyeth buyout led to massive R&D cuts and weak productivity. No wonder prices went up.

There’s a bigger issue.

I have no more idea what Corgard™ or Prevacid™ really costs Bob than I do what a quick appendectomy would set back my granddaughter. Neither does the doc who prescribes the drug or cuts on her tummy. And, “for people of the Messings’ modest income, big manufacturers’ discounts and state assistance make their costs manageable.”

See, we don’t actually pay for any of them ourselves. Except for Bob who got scrogged.

We’ve gone from trading our own hard-earned, multi-colored greenbacks (or a chicken) for medical care to trading a get-out-of-jail-free card for it.

I bought a truck. I knew exactly what it cost before I closed the deal.
I bought a television. I knew its price precisely before I clicked BUY.
I bought a pound of ground beef. I knew exactly what it cost because it was right there on the label.
On the other hand…
Our doc prescribed Keflex when SWMBO had a strep throat. “How much will this cost?” I asked. He had no idea. “Your insurance should cover it.”

Pharmacy CadeuceusWe have a fantasy that medical care is free, so no one pays attention to what it costs and that leaves the door open for the price of Corgard™ jumping by a factor of 20 and Daraprim by 55 times.

Last month, the Vermont state legislature passed S.216, a bill that requires drug companies to explain price increases. The bill has the state health board list just 15 prescription drugs with dramatic price increases and would require the drug companies “to provide justification for the increase in the price of the drug” to the state Attorney General.

35 states have made some forms of price-gouging a crime.

It’s a start.

 

Guest Post: Attacking the Judiciary

I just got an email from MoveOn.org, taking Judge Aaron Persky to task for giving Brock Allen a six month jail sentence in the Stanford rape case, and asking me to sign a petition demanding that the “Committee on Judicial Performance” remove the Judge Persky from the bench:

“Judge Aaron Persky’s failure to hold Brock Turner accountable for the rape and his dismissive comments at sentencing show that he cannot be trusted to dispense justice. He must be removed from the bench immediately.”

While anyone who wants to can post a petition on MoveOn’s website, I’m surprised that MoveOn has inserted themselves into this issue by actively promoting the petition.

The State of California Commission (not Committee) on Judicial Performance has authority only to investigate complaints of judicial misconduct. The petition not only fails to allege judicial misconduct, it fails to even allege judicial error

The petition’s allegation that the Judge failed to hold Brock Turner accountable is wrong on its face. Even the claim about “dismissive comments” is baseless–a casual reading of the Judge’s statements, as reported by legitimate media outlets, reflects his analysis of all the relevant factors as required by California sentencing guidelines.

It seems to come down to a bunch of people who’ve read social media posts on the case, and are outraged because… justice! (Beyond the petition at MoveOn, there’s one at Change.org calling for Judge Persky’s impeachment, and a website advocating his recall.)

What concerns me is that the people pushing for Judge Persky’s removal don’t consider the unintended consequences of that action. How is removing judges for rulings in abortion cases, LGBTQ civil rights cases, or tax cases any different from removing a judge for an unpopular ruling? If victim’s rights advocates can drive a social media campaign to remove a judge they don’t like, what’s to stop abortion foes, religious extremists, or billionaires from doing the same thing?

Over the last week or so, Donald Trump has been widely criticized for his racist attacks on Judge Curiel. Yet, is his demand that Curiel be removed from the Trump U case any different from social media demands that Persky be removed from the bench? Despite the former being blatantly driven by Trump’s personal self-interest, and the latter couched in cries for victim justice, they have the same goal: to subvert the judiciary.

The only important difference between the two is this: Trump’s attack on Judge Curiel has already failed, and backfired against him. The social media attack on Judge Persky may yet succeed, and result in long-term damaging consequences to our justice system.

Evan Yares

 

Generations

1944: 18-22 year olds stormed enemy beaches, parachuted behind enemy lines, charged into battle, looked death square in the eye, and heard the 88s whistle in their ears.

A Special Safe Zone for Your Protection

2016: 18-22 year olds (their grandchildren and great grandchildren) tormed the administration building to demand “safe zones” on college campuses to protect them from offensive words whistling in their fragile ears.

The Most Dangerous Place on Earth

Ruint, I tell you.

 

Because They Can

Tales from the northernmost and the southernmost puffins.


Miami-Dade County commissioner Pepe Diaz beat a DUI at trial in Key West the other day after he was pulled over for speeding on his motorcycle there. A police officer clocked him driving his Harley-Davidson at 74 mph along South Roosevelt Boulevard next to Higgs Beach. The speed limit is 30 mph. He was there participating in Key West’s annual Poker Run bike party.

More than 10,000 motorcycles and riders from across the country rumbled down our Overseas Highway from mainland Florida to Key West during the Key West Poker Run last fall. The event began in 1972 with 46 riders and has grown into a major fundraiser for South Florida charities.

Mr. Diaz refused to take a breath test; he said he doesn’t trust the breath-analysis machines.

(As an aside, in both Vermont and Florida, under the implied consent law, refusal triggers a license suspension for the first offence and the refusal is used to underpin the DUI prosecution. One can also be arrested for a DUI in either state even if he or she is not driving.)

His defense countered with witnesses who testified that he didn’t appear drunk when he went out on the Harley and explained that an inner-ear condition and other physical limitations caused him to lose his balance during the field sobriety check. “LeBron James could not do these exercises today in this court,” Mr. Diaz’s attorney said during closing arguments. “It’s a kangaroo court designed for failure to justify an arrest.”

I watched the 27-minute arrest video and, truth, I agree. I absolutely do not want a cop who is determined to prove I’m drunk administering a test that practically guarantees I’ll look drunk on camera.

It took just 20 minutes for the Key West jury to clear Mr. Diaz of the drunk-driving charge.


I sold our old truck and bought a new truck last month (here’s the story in case you missed it) and mailed in the paperwork to transfer the tags from one to the other.

Time passed.

Vermont didn’t cash the check. A plate check showed that number still registered to the old truck. Nothing was happening.

Anne called Vermont’s DMV. The clerk suggested she check with her bank to see if her check had been cashed yet. Lordy™.

Anne finally got the clerk to look up the filing only to discover they had sent it back to her. “It should be in your mailbox now,” the clerk said.

Well, no.

The clerk told her it had been returned because Vermont needs the VIN verification verified. “The officer needs to include his business card,” she said.

South Puffin is a very small city but we do have a police department. Our sergeant had come in off patrol to do the VIN Verification when I first got the truck.

I chased the sergeant down again. He stopped by and gave me his business card.

I was walking out the door to mail it to Anne when she called me. “Their letter states that they need a letter on department letterhead from the officer who did the VIN verification along with him stating the mileage is what was stated on the registration.”

I chased down the sergeant. Again. Told him about the letterhead.

“We don’t do that,” he said. “I’ve done VIN verifications for about 18 states. None of them do that.” He called them muttonheads. Actually, he used a different word. “What kind of muttonheads are they? They have my badge number on their form. They have my agency ID on their form. We don’t do that.”

He wrote the mileage on his business card. I mailed it to Anne.

Muttonheaded bureaucrats. These are the same people who proved that Vermont Don’t Know Dick.

Vermont accepts credentials from the Universal Life Church (better known as “the Church of the lowest price ordination) and probably from Church of Bob for wedding officiants, but they don’t accept a sworn officer’s badge for a car sale.

“No taxes on weddings,” Rufus said.

That’s part of it.

“Bureaucrats spend their days coming up with novel ways to screw with you,” Liz Arden replied. And that’s it.


As of this writing, Mr. Diaz’ license is still suspended but he received a waiver that allows him to continue driving to work, for his commission duties, and other day-to-day errands. And the plate check now comes back to my new truck but we have no actual registration certificate.