« BACK  |  PRINT

RS

MEMBER DIARY

Donald Berwick Exemplifies the Obama Agenda

The White House’s announcement today that they will bypass the nomination process of the United States Senate to recess appoint Donald Berwick as head of the Centers for Medicare and Medicaid Services (CMS) is an act of unconscionable hubris.

The White House claims this act is in response to “Washington game-playing”, accusing Republicans of planning to “stall the nomination” as long as possible. This is nothing more than a baldfaced lie. Republicans cannot stall this nomination — it is impossible for them to do so under Senate rules — as not one hearing has been called or scheduled. Even the New York Times doesn’t buy the White House’s explanation, reporting: “The recess appointment was somewhat unusual because the Senate is in recess for less than two weeks and senators were still waiting for Dr. Berwick to submit responses to some of their requests for information.”

In truth, it is the White House that is playing games with the health policy of the nation and the welfare of the American people. In bypassing the traditional process through which the Senate advises and consents to nominees, President Obama is preventing Senators and the people they represent from obtaining any answers from Mr. Berwick, who has repeatedly made claims and statements that raise numerous questions about his suitability for this critical position.

Such questions would have concerned his remarks attacking private-sector solutions to health care problems, in support of “rationing with our eyes open,” and speaking of his affection for the United Kingdom’s National Health Service as “romantic.” In footage discovered and highlighted by the Heartland Institute in May, Mr. Berwick made this audacious statement: “Any health care funding plan that is just, equitable, civilized, and humane must, must redistribute wealth from the richer among us to the poorer and the less fortunate. Excellent health care is by definition redistributional.”

Senators have expressed concerns about statements like these, as well as Mr. Berwick’s background. He is a nominee with little management experience poised to head the second largest insurer on the planet, an agency with more funding to disperse than all but the top 15 economies in the world. In fact, the White House’s decision to make this recess appointment is as much a demonstration of their unwillingness to have any debate about Mr. Berwick’s views occur in the public eye as it is of their concern that some in their own party have privately questioned whether he is outside the mainstream.

Such questions are of course appropriate. Thanks to the White House’s decision, they will not be answered. Understand: Mr. Berwick’s position as head of CMS will give him unprecedented power to apply his views on health care policy under President Obama’s new health care regime. Yet thanks to the White House’s game playing, he will not answer one question, not one, before he is ensconced in a position where his radical policy views will ultimately effect the lives and health care of every American.

As we saw in the process of Obamacare’s passage, there is nothing – not precedent, not tradition, not even the most basic expectations of fairness or responsible governance – that will stop President Obama and his allies in their quest to remake American social policy in their image.

Benjamin Domenech is managing editor of Health Care News, a publication of the Heartland Institute. Follow him on Twitter.

COMMENTS

  • romeg

    He doesn’t allow an opportunity to bypass the Constitutionally mandated role of Advice and Consent by the Senate to go to waste either.

    • http://www.newledger.com Ben Domenech

      There’s “bypassing a blockade,” and there’s “bypassing basic due diligence.” This is the latter course. Berwick has not even answered basic questions about his views, his competence, or his finances. Now, he’s one of the most powerful unelected officials in America.

      • red_oakster

        This appointment ends in December and the guy will never get re-appointed. You only can be recess appointed once. Rules and regs usually take longer to get rolled out. This looks more like a sop to the left since the guy will be out in short order.

        And my assumption is that he won’t be able to get through the new Senate in 2011.

        • http://www.newledger.com Ben Domenech

          While I agree with what you’re saying, I also think the next six months are the most critical time for CMS. Berwick will have the power to fundamentally redirect on a few key points with wide-ranging ramifications.

          So yes, it’s a sop to the left, but it’s also one that could have some very nasty consequences. And I doubt Berwick will just stand down at the end, he’ll force a narrow Senate to filibuster and then leave.

        • edintexas

          The Constitution states that recess appointments are good until the end of “the next session” of the Senate. Some state that the Senate coming back from the 4th of July recess commences “the next session”. Others claim the “next session” commences in January, 2011. I don’t know the correct answer (and would appreciate a definite answer by an expert source), but I’m sure not counting on this threat being limited to “only 6 months” until I see that definitive answer.

  • WarEagle01

    This from someone who has probably read a lot about the NHS, but has never received care from them. From my very unfortunate experience, medical care in Britain and throughout Europe is pathetic. It’s awful. This guy wants that standard of care for Medicare. To all you retirees out there who voted for Obama, well done. Enjoy your crappy rationed health care in the twilight of your days. Maybe in your next life you’ll understand that elections have consequences.

  • http://thesandsinstitute.org Vassar Bushmills

    …based on the assumption, so far correct, that all the right people will suspend incredulity at seeing it all take place no nakedly. Depending on how fast these czars can hit the ground running, by the time the Court tosses Heathcare (just for instance) out, it may already be too deeply embedded to undo. I hope someone at Heritage is working on this

    • Achance

      He could easily have come up with somebody for this position that would have gotten a lovefest confirmation. Then he could put Berwick in as some sort of Special Assistant and made sure that the actual appointee understood that his job was to do what Berwick told him. That is clearly what they’re doing with the “czar” positions. Well, that and a little Political Commisar duties; the federal bureaucracy is having to deal with the political equivalent of facing the machine guns in front of them or the Kommisar’s machine guns behind them. If you’re a fed, you probably understand by now that you’d best not tell your political masters that something is improper or illegal; it is an awfully bad economy out there and there’s not a lot of market for ex-longtime feds.

      Anyway, I posit that this is a test to see if they can get away with it. If there were anybody in the Majority in Congress who cared about republican democracy even the Democrats would be screaming bloody murder about his circumventing Congress’ confirmation power. If this passes relatively quietly, expect to see them simply forget that outmoded old advice and consent stuff. At some point the minority has to grow a pair and both attack them politically and sue them, though just violating Congressional rules wouldn’t be an adequate cause of action. Has to be violating a statute or the constitution.

      • red_oakster

        I commented above that this is more symbolic than real since the guy is gone in December. Any hearing likely would have received some attention because this will be an incredibly powerful position (assuming you have time to do something, which Berwick won’t). Next year, you will need someone to actually win confirmation.

        So my vote goes to symbolism and some red meat for his base..

        • Achance

          give me six months, unlimited authority, and a friendly, even neutral, press and I’ll remake ANY government agency that doesn’t have a long individual tradition, e.g., the military, state department, the regulated transportation industry and agencies. The “old fashioned” federal agencies have a lot of institutional memory ingrained down to very low levels. The newer ones don’t and in modern times, the management and even supervision near the appointee level is very transient, so they personify the old saw, “there is no reason, it’s just our policy.” Agencies like that can be remade very quickly as long as whomever is doing the remaking isn’t senstive to all that “concensus” and “buy in” crap. Tell a bureaucrat that this is the way his world will work tomorrow and the only choice s/he has in the matter is whether or not to be in that world and you’ll have your concensus and buy in.

          • http://thesandsinstitute.org Vassar Bushmills

            …this is hitting-the-ground-running territory. This guy can do a decade’s worth of damage in 6 mos.

  • http://aposematic.wordpress.com aposematic

    Obama, in his never ending quest to be dictator in chief, has again demonstrated his willingness to end run his radical left Marxist agenda.
    Obama knew, in an election year, even leftist’s Democrats would run away from this Marxist Berwick appointment.
    Thanks to all of you 60+ AARP idiots who voted and still support Obama have signed your own death warrants! For all of those grandchildren that supported and stupidly fell for the Obama hype and lies, grandma and grandpaw won’t be around much longer to brighten your days.

  • gamechange11two

    What Bambi wants, Bambi gets, and Bambi wants Berwick, an ivory tower ideologue with no real world administrative experience. Sounds like win-win to me.

    First he gives his opponents more ammo for his impending referendum this fall by skipping the whole transparency thing, again. Additionally, he continues to populate his government with thinkers, not doers, who will ultimately be poor adminstrators of policy.

    So while he sows the seeds of his own political defeat, he creates an ineffective bureaucracy which is already failing to implement reforms when the opposition takes over and shuts everything down.

    Like I said, win-win.

    • edintexas

      Your scenario is a win only if the dozing public is informed of the details. If the MSM treats this as it has the NASA story*, John Q. Public will hear nary a word about it.

      *Turning the National Aeronautics and Space Administration (NASA) into the National Islamist Outreach Administration (NIOA). See the Washington Examiner item on this:
      http://www.washingtonexaminer.com/opinion/blogs/beltway-confidential/the-nasa-non-feeding-frenzy-97928959.html

  • BooBooKitty

    Prove you’re sick enough for surgery: Cash-strapped NHS trust introduces rationing for common children’s conditions. ~ http://www.dailymail.co.uk/health/article-1282127/Cash-strapped-NHS-trust-introduces-rationing-common-childrens-operations.html#ixzz0t09dPIJFDaily Mail UK

  • penguin2

    are more serious than the average person can fathom. I wrote about him in a comment in a previous diary of mine. I also said this in another reply in the post, and the fact that this administration has let him in via a back-door, hastens these outcomes. It is the Leftist plan and the only way they will actually begin to cut the exorbitant HC costs that the government cannot afford:

    Assisted suicide will be encouraged, the elderly will be encouraged to forgo expensive treatments, or maybe they will be denied outright. There will be limits on resources for disabled children and adults. This is not an outlandish scenario.

    Warning bells should be pealing in everyone’s ears. This will be the start of human culling in America. Power corrupts, and absolute power corrupts absolutely.

  • jmimac351

    “doesn’t have a statement” about it because they are on recess. I asked if the Senator has access to a phone while he is on “vacation”.

    I knew when I called that the commie on the other end of the line wouldn’t really care but you still have to call. We don’t want them to be too surprised when they get bounced out of office.

  • momo

    unless you read conservative blogs, listen to Rush, Beck, Levin, etc, or watch Fox news, you don’t know these things are taking place. How do we get the public to hear and understand what this administration is doing to destroy our country. Unless we have the right candidate running in 2012, we won’t obama out of office and the damage he will do in a second term will be unimaginable.

  • MICHAELNLA

    All we can do is hope & pray that the Gelding Old Party gets a testicle & spine implant before 11/2 and retakes the Majority in the House and/or Senate and continues on to replace the Marxist in the Oval Office in 2012.

    “Liberalism is just Communism sold by the drink.” P.J.O’Rourke

  • tankertodd

    Ho. Ly. Crap. Why is healthcare a right again? We kinda just glossed over that big fat assumption. You take that apart, you take apart this whole argument for socialized medicine. Healthcare is primarily elective, not required. Boob jobs, porcelain veneers, LASIK, vasectomies, even preventative measures, or the choice between options in a non-elective case (chemo vs. radiation vs. palliative care). Choices abound, yet if it’s all a right, then who chooses? Who manages cost-benefit?

    How again is the invisible hand darkness? Government creates darkness because they’re not accountable.

    This guy makes me throw up in my mouth a little.

  • Tbone

    a dictatorship.

  • mbecker908

    From The Hill

    The Obama administration has not ruled out turning sick people away from an insurance program created by the new healthcare law to provide coverage for the uninsured.

    Critics of the $5 billion high-risk pool program insist it will run out of money before Jan. 1, 2014. That?s when the program sunsets and health plans can no longer discriminate against people with pre-existing conditions.

    Administration officials insist they can make changes to the program to ensure it lasts until 2014, and that it may not have to turn away sick people. Officials said the administration could also consider reducing benefits under the program, or redistributing funds between state pools. But they acknowledged turning some people away was also a possibility.

    Got that? The Administration insists that they can “make changes” so the program won’t run out of money and people are turned away. Then they go to great lengths to explain their options TO turn people away.

  • gekster

    from:
    http://www.senate.gov/CRSReports/crs-publish.cfm?pid=%270DP%2BP%5CW%3B%20P%20%20%0A

    this is in pdf form, and is very readable.
    It gives the limits to how long an appointment can stay in office without conformation.

    • edintexas

      Thanks. It would appear that this is an “intrasession” recess, and not an “intersession” recess. That being the case, then those who state that Berwick is in place until December 2011 (absent his death, being indicted on a felony charge, or some such problem) are correct . This “session” has apparently not ended with the recess, and will not end until December 2010. Since the appointment is valid until the end of the “next” session, we’re truly stuck.

  • Castor

    Instead of assisted suicide , Berwick prefers that the patients die,waiting in line for the doctor. The end result is the same. If the Republicans in the senate grow a spine they will say: “Right,Obama just traded Berwick for Kagan.Let the filibuster begin.”

  • Marcus_Traianus

    It has become clear that seniors will be most damaged by both Obamacare and the type of rationing that Berwick favors. We should never let Democrats forget that the segment of our public that usually shows up in large numbers to vote has been trampled egregiously by their undemocratic misadventures.

    Democrats have proven they give no quarter to our fundamental governmental processes in pushing their anti-democratic, freedom diminishing remake of our Republic. They will pay dearly for generations if Republicans yield to good sense, rejuvenate a fondness for public opinion, decry politics, restore fiscal sensibility and replace their so-called leadership.

  • teapartypatriot

    The lunatic-left healthcare RATIONING, ABORTION and DEATH PANEL czar is now in place.

  • renny

    Worse, this is just another example of the dictator-manque position of this administration against the people of the US.

    The administration is suing Arizona, even over objections of many Democratic representatives from that state. And it is suing to stop the state from administering the very same laws the fed. does not follow.

    20 states are suing the feds over the non-Constitutional passing of the so-called healthcare reform.

    Half a dozen states have passed or are considering legislation telling the federal government that they will not participate in the new Obamanationcare.

    A federal court in Louisiana having had the gall to overturn the dictatorial moratorium on oil drilling is now being APPEALED, under the spurious challenge that the gov’t needs time to investigate problems of deep-water drilling. The EPA and MMS already have all the rules and regulations they need, and that they themselves don’t apply them or administer them capriciously is not going to be changed by ruining the economics of the Gulf states. But the thugs in DC do not care about ruining businesses and corporations. They are already inducing a Great Depression II everywhere.

    The goal of taking back the House and trying to tie the Senate will make NO DIFFERENCE at all as long as Obama and his crew are determined to change the US into a Cuba with a totalitarian leadership. He can bypass the Senate with recess appointments. He can issue executive orders. He can appoint czars. How can those actions be stopped no matrer who occupies the Congress or even the courts?

    17 states have legislation under consideration to require all candidates submit qualifications for being on the states’ ballots, including birth ceritificates.

    Now, Redstate finds Obama’s birth certificarte anathema, but as now a former elections clerk in Hawaii, Tim Allen, maintains there is no Hawaiian birth certificate at all and says he would testify to his assertion, the ONLY way Obama is going to be stopped is driving him from office. Biden would be a babydoll by comparison, no matter how liberal and whacko he is. He not an authoritorian narcissist megalomaniac. They are only stopped by destruction or death.

  • shredderofmass

    Massachusetts Republican candidate for congress, Harvard Physicist, Mike Stopa gives his thoughts on ‘The Darkness of Free Enterprise’

    Video
    http://www.youtube.com/watch?v=-KrZhcANW_A

  • Pingback: look