Monthly Archives: July 2017

Madison, McCain and Hogan

By Barry Rascovar

Washington’s embarrassing health care debacle should not come as a surprise. Two hundred thirty years ago, James Madison warned of just such an appalling spectacle in Federalist Paper No. 10. He pinpointed the cause, as did Maryland Gov. Larry Hogan and Arizona Sen. John McCain in the past week.

Madison wrote of the evils of “factions,” of narrow-minded party zealots more concerned with a political “win” than doing what’s best for people. He cautioned against leaders “ambitiously contending for preeminence and power” more disposed “to vex and oppress . . . than to co-operate.”

Madison, McCain, Hogan

James Madison portrait, by Gilbert Stuart

“A factious spirit has tainted our public administration.”

Madison composed those words during a bitter fight to approve the Constitution in 1787.

John McCain expressed identical sentiments in his dramatic truth-to-power health-care speech on the Senate floor last week.

Republican leaders and President Trump tried to pull a fast one on the GOP Senate majority: A series of recklessly ill-conceived health-care proposals written behind closed doors, not revealed till the last moment and creating a health-care disaster for over 30 million Americans.

The GOP came close to succeeding – until the chamber’s eternal maverick, the nation’s best exemplar of what it means to be a “profile in courage,” gave his colleagues a blunt and on-point lecture they badly needed.

World’s Worst Deliberative Body?

McCain complained that Senate deliberations had become “more partisan, more tribal than any time I remember.”

The results? Well, there haven’t been any, he said. “We’ve been spinning our wheels . . . because we keep trying to find a way to win without help from across the aisle.” And, he added, “We’re getting nothing done.”

Yes, America’s health-care system is a mess, McCain noted. It’s no secret it needs fixing.

But a bunch of hard-core Republicans tried to ram through an unworkable series of proposals, intentionally bypassing the democratic system of holding public hearings to get viewpoints from all sides, letting legislators of all stripes offer amendments and allowing time for lawmakers to parse and debate details of the bill.

What we witnessed was the worst of one-party rule, a society lurching toward autocracy – until a handful of Republicans had the gumption to do what was best for their constituents rather than what was best for their political party’s ambitions.

Madison, McCain, Hogan

Arizona Sen. John McCain

McCain told colleagues they should be realistic:

“Incremental progress, compromises each side criticize but also accept, just plain muddling through to chip away at problems” may be “the most we can expect from our system of government, operating in a country as diverse and quarrelsome and free as ours.”

Step By Step Approach

Sometimes, he said, “we must give a little to get a little,” and sometimes “our efforts manage just three yards and a cloud of dust, while critics on both sides denounce us for timidity, for our failure to ‘triumph.’ ”

But that’s part of the American system, he continued. Grinding the other political party into oblivion isn’t inspiring or worthwhile.

“There’s greater satisfaction in respecting our differences while not letting them stand in the way of agreements that don’t require either side to abandon their core principles; agreements made in good faith that help improve lives and protect the American people.”

Even before McCain spoke these words, Maryland’s governor was joining other governors – Republicans and Democrats – to demand an end to the circus in Washington that threatened tens of millions of their states’ citizens.

Three times Republican Hogan has raised objections to the mad rush among GOP leaders in Congress and the White House to push through healthcare bills that would cripple the private insurance market and crush the hopes of many citizens for healthcare coverage.

Havoc in the States

When the GOP leadership’s unveiled its “repeal and replace” bill, Hogan’s office said congressional leaders should “go back to the drawing board” and produce a plain that didn’t take healthcare away from people.

Later, Hogan and 10 other governors condemned the GOP leadership’s healthcare plans that would have wreaked havoc in the states. Instead, the governors sensibly called for “both parties to come together and do what we can all agree on: Fix our unstable insurance markets.

Then before the Senate’s absurd “vote-a-rama” marathon last week, Hogan and eight other governors from both parties strongly opposed the “skinny repeal” plan that would have knocked the legs out from under Obamacare.

“Congress should be working to make health insurance more affordable while stabilizing the health insurance market,” the governors stated. What the GOP congressional leadership proposed, they said, would “accelerate health plans leaving the individual market, increase premiums and result in fewer Americans having access to coverage.”

What’s needed, they repeated, is a cooperative spirit of compromise in which Republicans in Congress sit down with Democrats and the nation’s governors, figure out how to fix what’s broken in the healthcare system and agree on a solution.

Is anyone listening?

They were listening to James Madison in 1787 when he pleaded with his countrymen to avoid turning the country into a nation of “factions” that would destroy what had been dearly won.

Now we’ll find out if John McCain’s pleas and those of governors like Larry Hogan are heard and heeded by a deeply fractious, hyper-partisan Congress.

Much hangs in the balance.  ###

Crowded Governor’s Race

By Barry Rascovar

July 24, 2017— Given Republican Gov. Larry Hogan’s widespread popularity, it is difficult to grasp why so many Democrats are jumping into the race for chief executive of Maryland.

In the past week, state Sen. Rich Madaleno of Montgomery County formally declared and in a totally unexpected move the wife of U.S. Rep. Elijah Cummings, Maya Rockeymoore, said she wants to run in the gubernatorial primary, too.

That’s in addition to technology innovator Alec Ross,  Baltimore lawyer Jim Shea, Baltimore County Executive Kevin Kamenetz, Prince George’s County Executive Rushern Baker, U.S. Rep. John Delaney, former NAACP President Ben Jealous and former Attorney General Doug Gansler.

Madaleno’s entrance into the populated race adds a solid policy wonk who is giving up a promising career in the Maryland Senate. He knows the issues cold and has worked in the legislative trenches for the past 15 years arguing for progressive legislation and often getting important bills enacted.

Rockeymoore’s curious comments came as a shock to the political system. She is a near-total unknown – except as the wife of a longtime Baltimore congressman.

She has no background in Maryland state or local government – she is a creature of Capitol Hill. She has no political base of her own and is a mystery figure to virtually every voter in the state.

‘Different Kind of Leader’

Rockeymoore, who operates her own consulting firm in Washington, says she wants to run for governor because she has “a bold vision,” though that’s what every other candidate is saying. She also asserts she will be a “different kind of leader,” though that’s what Ross, Jealous and Shea also maintain.

Crowded Governor's Race

Maya Rockeymoore

And she notes the lack of a woman in the Democratic primary race for governor, though all the other contenders are almost certain to have similar liberal views on issues affecting women’s rights.

Yet in such a large field, anything could happen.

Still, why bother?

The Republican governor has sky-high popularity numbers and he continues to outfox his Democratic critics. It will take a set of external forces centered around the rising unpopularity of President Trump to make Hogan’s chances of reelection shaky.

The June 26 Democratic primary – 11 months from now – looks like it will be so chock full of candidates that it may be impossible to predict the winner.

Splintered Votes

Baker, the leading African American candidate, could see that large segment of the Democratic vote split among himself, Jealous and Rockeymoore.

Kamenentz, hoping to become the Baltimore-area candidate, could see that strategy shattered by the candidacies of Shea, Ross and Elijah Cummings’ wife.

Madaleno’s hopes as a popular Montgomery County senator could receive a body blow from the candidacies of John Delaney and Doug Gansler, both from Madaleno’s home county.

Madaleno, Jealous, Rockeymoore and Ross are hoping to gain the lion’s share of this state’s progressive Democratic electorate, even though the far-left hero in last year’s Maryland presidential primary, Bernie Sanders (who recently endorsed Jealous), got just one-third of the party’s popular vote.

At this early stage, the top contenders appear to be Baker and Delaney.

Baker’s edge is his long political career in populous and heavily Democratic Prince George’s County. If he can hold that vote together, he will be a formidable presence in such a big field.

Delaney holds a number of high cards. He will do very well within his congressional district that includes most of Western Maryland and portions of Montgomery County. He is the only moderate-centrist in the race with a solid track record in Congress championing bi-partisan, pragmatic solutions to national problems.

Buying an Election?

Delaney’s biggest advantage is the tens of millions of dollars of personal wealth he can throw into his campaign. The Potomac congressman may not be a household word in Maryland today, but by next June his ads could be flooding the airwaves, making the man and his positions crystal clear to every Democratic voter.

Crowded Governor's Race

U.S. Rep. John Delaney

Will that be enough? We’ve never been in such a situation in the Free State and it is difficult to tell how voters will react to a super-rich, self-financed campaign for the state’s top elective post.

Delaney also can make the case he is the only Democrat positioned to match the governor’s enormous stash of campaign funds and then far surpass Hogan’s fund-raising abilities.

It is, indeed, an odd bunch of gubernatorial wannabes, some with zero elective experience, others with a wealth of government expertise, a millennial contender, three African Americans (one a woman), a gay candidate, an establishment, big-city lawyer — and possibly another unknown female candidate — Krishanti Vignarajah, a former aide to Michelle Obama whose chances are quite literally slim and none.

It is a giant puzzle that could get more complicated as the contenders choose a lieutenant governor running-mate. Plus, we haven’t even started the endless rounds of gubernatorial debates throughout the state.

So stay tuned as the political world turns in Maryland: 2018 could give voters a wild roller-coaster of a ride.

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Hogan vs. the Legislature: A Constitutional Clash

By Barry Rascovar

On the surface, it seems much ado about nothing – an esoteric argument most folks can safely ignore. But the dispute over whether two state Cabinet appointees can legally remain in office without Senate confirmation raises an important constitutional question that cries out for judicial resolution.

Gov. Larry Hogan precipitated this divide with some unorthodox moves that appear aimed at stripping power from the General Assembly and enlarging his ability to ignore actions of the state legislature when it comes to appointments subject to Senate confirmation.

Following hearings earlier this year, two of Hogan’s Cabinet nominees raised alarms for lawmakers. That is precisely the way the “advise and consent” section of the state Constitution is supposed to work. It’s one of the defensive mechanisms James Madison and Alexander Hamilton inserted into the federal Constitution – and embraced by most states – to place a brake on the chief executive’s power.

It provides a chance for legislators to interview Cabinet nominees, question them on the issues and pass judgment on their readiness to serve in important, decision-making state jobs.

If the appointees are found lacking, the Senate can vote down the appointments. That’s how American government works. Each branch plays a role that is independent yet interdependent. Both the chief executive and the legislative branch must give the OK.

But what happens when the governor doesn’t want to share power, when the chief executive thumbs his nose at the legislative branch?

That’s the situation Hogan and lawmakers are facing.

Schrader and Peters

Hogan’s choice for health secretary, Dennis Schrader, has good management credentials, a government background and good political contacts but no professional medical or academic health care credentials.

Constitutional Crisis

Interim Health Chief Dennis Schrader

Lawmakers on the Senate Executive Nominations Committee, after hearing from Schrader, became alarmed and delayed a vote on his confirmation. Then Hogan, surprisingly, withdrew Schrader’s nomination – even though he had assurance from the Senate president that the full Senate would eventually assent to Schrader’s appointment.

Senators had even more concerns about Hogan’s Cabinet appointment as Planning Secretary, Wendi Peters. She lacks any professional planning credentials. She worked as a paralegal and served as a Republican on the Mount Airy Town Council before losing a race for House of Delegates in 2014.

Legislators heard horror stories about Peters terrorizing Planning Department workers, firing them for little cause and creating an oppressive work environment.

That led the Senate committee to reject her nomination. But before the full Senate could finalize that move, Hogan withdrew Peters’ nomination, too.

Once legislators adjourned in April, though, Hogan re-appointed both to their jobs on an interim basis, sticking a thumb in the eyes of lawmakers.

Legislative counter-move

Assembly leaders anticipated Hogan’s move. They’ve seen how he insists on having it his way. So they inserted language in the state budget that bars Peters and Schrader from being paid after July 1 because they lack confirmation by the Senate committee.

Constitutional Crisis in MD

Interim Planning Secretary Wendi Peters

The state attorney general issued a legal opinion noting that Hogan has every right to reappoint the two Cabinet officials but the General Assembly has the right to cut off their pay checks because the two failed to gain Senate confirmation.

(Hogan’s office made the astounding statement that the elected attorney general’s opinion doesn’t count for a hill of bean but Hogan’s own, unelected staff counsel’s determination should be the last word.)

Then Democratic Comptroller Peter Franchot, who has continually shown an eagerness to side with Republican Hogan, did so again, announcing he would pay Peters and Schrader.

But the key signature on those paychecks isn’t Franchot’s but state Treasurer Nancy Kopp’s.

She read Attorney General Brian Frosh’s legal opinion. Frosh’s office is, after all, the constitutional authority for all state government agencies. As a spokeswoman for Kopp put it, “Her attorney is the attorney general” – not Hogan’s staff lawyer.

Kopp’s conclusion: She has no choice but to follow the guidance laid down by the attorney general and abide by the language added to the state budget. Thus, Schrader and Peters will not be paid until this disagreement is resolved.

Shaky Power-sharing

Since his election as governor, Hogan has inveighed against sharing power with the Democratic-controlled General Assembly. This is another example of his unwillingness to accept the limitations  laid down in the state constitution that make the two branches co-equal parts of Maryland state government.

Other governors, when faced with rejection of an executive department nominee would have moved on, recognizing that’s the right of the state senate. There are plenty of other positions Peters and Schrader could fill in Hogan’s expansive jobs orbit.

More important, there are plenty of better suited individuals who could ably fill those Cabinet slots, individuals that agree with the governor’s conservative views but are acceptable to Democratic leaders in the General Assembly.

That’s how governance is supposed to work in Maryland – and how it has worked in the past. Unfortunately, Hogan is looking for a fight rather than consensus.

This war of words could persist into the future if Hogan wants to it drag out, reappointing Peters and Schrader, then withdrawing their nominations before the full Senate votes to reject them, then re-appointing the two once next year’s session ends.

It would make a mockery of the “advise and consent” section of the Maryland Constitution. It would send a signal Hogan isn’t willing to share power.

That’s one of the reasons Hogan must take the matter to the Maryland Court of Appeals. When two co-equal branches of Maryland government disagree this strongly on the constitutional powers of the other branch, the third branch, the judiciary, is there to interpret the law and render a definitive answer.

Failure to seek a judicial decision on this constitutional issue would be playing politics instead of seeking a final judgment as to which side is right.

It’s time for Hogan to tell his minions to stop with the name-calling and angry allegations of unethical behavior and instead order his legal counsel to take the matter to court. It would be good for both feuding branches of state government. ##

 

Repeal Obamacare? Hogan’s Conundrum

By Barry Rascovar

July 10, 2017 – Though he’s a Republican, Maryland Gov. Larry Hogan must pray each night that his fellow Republicans in Congress fall flat on their faces in their concerted efforts to wipe out Obamacare and replace it with a vastly inferior health care safety net.

Hogan quietly voiced opposition to House and Senate “repeal and replace” bills in a statement he had issued in Annapolis while on an overseas trip.

He’s trying hard to avoid offending Maryland Republicans who support an immediate repeal of the Affordable Care Act. Yet he’s acutely aware of the harm, and human pain, such a move would have on hundreds of thousands of Marylanders.

Maryland is in a unique situation when it comes to the “repeal and replace” movement. Ending Obamacare could place this state’s entire hospital system in jeopardy. Hospitals in the Free State stand to lose a staggering $2.3 billion in Medicare and Medicaid payments if Obamacare abruptly ends.

Obamacare and Hogan

Maryland Gov. Larry Hogan

Some hospitals, especially in rural parts of the state and in poor urban neighborhoods may not survive. One national study indicated up to 50% of all rural hospitals in the United States could close under an Obamacare repeal. In Louisiana, Mississippi and Texas, up to 75% of rural hospitals could be driven out of business.

Nursing homes are under the gun, too, since two-thirds of its patients are on Medicaid, which is the primary budget-cutting target of congressional Republicans.

‘Tremendous Impact’

Passage of either the House or Senate repeal bills “could have a tremendous impact on Maryland,” according to the non-partisan Department of Legislative Services. This would “require the General Assembly [and the governor] to consider significant financial and policy decisions.”

That’s something Hogan cannot afford in 2018 as he runs for re-election. Yet the governor could find himself between the proverbial rock and a hard place next year, thanks to conservative Republicans in control of the House, Senate and White House.

The price to Maryland state government of an Obamacare repeal is in the billions. Maryland government would lose $1.3 billion in federal Medicare and Medicaid funds next year, growing to a loss of $1.5 billion in federal dollars in 2022.

If the law is repealed, Hogan and Democratic legislators in Annapolis would face a monstrous and agonizing choice.

Do they jettison Obamacare’s expansion of Medicaid that now gives health insurance to 421,000 state citizens, many of them children? Do they leave 1 million Marylanders now covered through subsidized private insurance plans or the Medicaid expansion to the tender mercies of insurance companies?

Or are Hogan and lawmakers going to jump in, swallow hard and raise taxes – in an election year – by a huge amount to cover the lost $1.35 billion next year?

That’s why deep down inside, Hogan really but really wants Senate Majority Leader Mitch McConnell and House Speaker Paul Ryan to give up their insistent request to wipe out Obamacare and instead work with Democrats on a compromise plan that preserves the best parts of the ACA and fixes what’s not working.

Seeking a Magic Bullet

The odds of McConnell and Ryan finding a magical “repeal and replace” formula that satisfies the majority of Republicans are not good. It may yet happen but time isn’t on their side.

The more voters learn about specifics of the Republicans’ replacement proposals, the stronger the opposition. Over the July 4 holiday, GOP lawmakers who dared to venture out received heated criticism from constituents.

Part of the problem is that McConnell and Ryan are attempting to peddle a plan that calls for an unprecedented version of “income re-distribution.”

Obamacare re-distributed taxes collected from the rich, insurance companies, durable medical equipment companies and tanning salons. The ACA spent that money to help provide health insurance to the poor and lower-income families.

Now Republicans are calling for a reversal of this process – giving back all that tax money to wealthy Americans and profitable corporations while stripping from the poor and lower-class much of their health care benefits.

It’s “Robin Hood in Reverse,” in this case congressional Republicans want to take from the poor and give to the rich.

Had the GOP plans created an alternative health care safety net that protected the rights of the elderly, poor and near-poor, the furor today might have been averted. But in their haste to wipe out Obamacare, Republicans in Congress failed to develop a legitimate replacement program that would make things better, not worse.

Obamacare in Maryland

In Maryland, there have been good results from Obamacare. The state’s uninsured rate has dropped more than half, to an all-time low of 6.6%. This is a godsend for hospitals, which saved $311 million in just two years due to the shrinkage of uncompensated care cases.

Big problems remain in the current system. Large premium increases are pending before Al Redmer, the state insurance commissioner (and a likely Republican candidate for Baltimore County Executive next year).

If Redmer approves large rate hikes, many of those currently insured may be priced out of the market. The state’s uninsured rate could soar and hospitals could run deficits.

But if Redmer rejects those big rate hikes, private insurers may have no choice but to drop out of the Maryland marketplace, as Cigna recently did.

Regardless of what happens in Washington and what Redmer decides, Maryland’s health-care safety net is in danger of tearing apart – unless Hogan and state legislators are willing to intervene.

That’s a tough call in an election year, especially for a governor who made a no-new-taxes pledge.

But the Republican governor and Democratic leaders in the General Assembly may have no choice.

Fixing the existing system is far easier than wiping out Obamacare and starting from scratch. Either way, though, State House politicians likely will have some heavy lifting to do early next year. ##