Sunday, May 31, 2009

Diversity Medicine and Socialized Health Care

City Journal Home.
Peter W. Huber
Cherry Garcia and the End of Socialized Medicine
The new pharmacopoeia offers people too much knowledge and control for one-size-fits-all health care to cope with.
Autumn 2007

On June 19, 1987, Ben & Jerry’s introduced Cherry Garcia, in honor of the man who played lead guitar for the Grateful Dead. The Food and Drug Administration struck back three months later, when it approved the first of a new family of statin drugs that curb cholesterol production in the human liver. A synthetic statin licensed a decade later would become the most lucrative drug in history. At its peak, Lipitor was streaming $14 billion a year into Pfizer’s coffers.

Let’s not blame the victim: we don’t choose Cherry Garcia; it chooses us. Lipitor is a lifesaver for 600,000 genetically unlucky Americans who harbor a bad-cholesterol gene or two on chromosome 19, and for another 100 million victims of our supersize-me culture. Fourteen billion dollars is a bargain for problems as pernicious as these. Or is it? Let’s blame the victim. The human body is so comfortable with fat that it rarely complains about a cholesterol glut in the blood until seconds before things crash. Many who should be worried never even get their blood checked. Many who do check it fail to take their Lipitor. None of us really needs the pill anyway—just lose the ice cream, shed the pounds, stop smoking, and exercise regularly. Lipitor is a chemical version of the bulimic’s finger down the throat.

Or think of it as an antibiotic for people infected with cholesterol. The first statin was isolated from fungus by a Japanese biochemist, who figured that if some microbes secrete penicillin to kill rivals, others might have devised a way to kill by crippling production of the cholesterol glue that holds enemy cells together. Like other antibiotics, statins target the chemistry of life—ours. Health once depended mainly on killing germs. Now, most drugs are used to poison people.

Call it tuning, if you prefer. Lipitor tunes our cholesterol. Anti-stroke medicines tune our platelets, antidepressants our serotonin and dopamine, heart medicines our angiotensin-converting enzymes, contraceptives our estrogen. Cancer drugs tame or kill our own mutant genes. And for every drug to suppress chemical excess, there’s another to address deficits: insulin for the underperforming pancreas, clotting factors for bleedy blood, Synthroid for the tired thyroid, and cancer-suppressing proteins to lend a hand to tumor-suppressing genes.

People-tuning drugs aren’t all new—aspirin, it turns out, is Lipitor for inflammatory prostaglandins—but the speed at which they are multiplying is very new. So too are the cost, complexity, and the sheer audacity of medicine’s new mission: to bottle an upper or downer for every last molecule that makes us tick or gums up the works. There’s still far more of this in the lab than in the pharmacy, but there’s a lot out already, and it’s going to keep coming.

Medicine has never seen—nor much needed—anything like this biochemical arsenal before. When infectious germs were still ubiquitous, few people lived long enough to clog their arteries with ice cream. But by 1967, a century after London launched the first systematic attack on cholera, America’s war against germs was officially over and won—the surgeon general said so [see “Germs and the City,” Spring 2007]. In affluent countries, most diseases now originate in human chemistry. Doctors and hospitals spend most of their time grappling with its cumulative effects. Most of our drugs are prescribed to neutralize it. Some people are still attacked by microbes, but such assaults from the outside aren’t the big problem any more. The cholera of our times is a stew of specific, discrete molecules, concocted by genes, gluts of cigarettes, beer, ice cream, and other delicious consumables, and by whatever attitude problems we might have about eating our peas or taking our pills.

No two human stews are quite the same, however, and the problems that they incubate are much less evenhanded than the ones spread by sewage and sneezing neighbors. Contagion is the melting-pot disease; it homogenizes and unifies. Cholera killed a duchess as easily as a flower girl. Cholesterol and other human choleras are rooted in our private differences. They disassemble our health, fragment treatment, and pull us apart.

The new medicine offers instead something that the old never could: personal control. Germs are always finding new ways to infect and spread, bad luck invariably figures in who gets hit, and epidemics will forever remain surreptitious and surprising. Human chemistry is much more complex, but comparatively slow and stable. And molecule by molecule, medicine is now making it visible, predictable, and tractable. Cholesterol can be quite as lethal as cholera, but how much of it you have in your own blood this morning, and what it will do to your heart in 2017, isn’t a matter of dumb luck—not any more.

This great etiological shift—from the medicine of us versus germs to the medicine of us versus us—upends everything. Disease and its cures now depend on factors too fragmented for conventional insurance pools to contain, too costly for public treasuries to underwrite, and too divisive for public authorities even to discuss, much less manage. The era of big government is over in medicine, too. Within a decade or two, a charismatic president will deliver on the promise to end health care as we know it. What then? Science will discover, competition will supply, patients will choose, and freedom will deliver better medicine and far better health, at lower cost, to many more people.

Asian-American women have a life expectancy of almost 87 years; African-American men, 69 years. We have these facts on the authority of Eight Americas, a 2006 study by number crunchers at Harvard’s School of Public Health. Women in Stearns County, Minnesota, live about 22 years longer than men in southwest South Dakota, and 33 years longer than Native American men in six of that state’s counties. The gap between the highest and lowest life expectancies for U.S. race-county combinations is over 35 years. Some race-sex-county groups typically die in their nineties, others in their fifties. Some are healthier than the norm in Iceland, Europe, and Japan, others sicker than Nicaragua and Uzbekistan.

Factoring out wealth, race, and access to health insurance doesn’t eliminate most of these disparities. Low-income whites die four years sooner in Appalachia and the Mississippi Valley than they do farther north. The healthiest whites are low-income residents of the rural Northern Plains states. In the West, American Indians who remain on the reservation die much sooner than whites.

What accounts for these cavernous differences? Harvard dares to name six leading “risk factors” for the population as a whole—alcohol, tobacco, obesity, high blood pressure, cholesterol, and glucose—and reports that these factors correlate strongly with the spread in life expectancy across its Eight Americas. One of the study’s authors ventured to suggest, albeit only in an interview, that where you live may point, in turn, to ancestry, diet, exercise, and occupation.

This is timid hash, and there are only two ways out of it. Harvard retreats into fog: we’re beset by “socioeconomic,” “cultural,” and other “distal causes” of disease. The other alternative is to disassemble culture, lifestyle, gender, and ancestry into components as small, specific, and measurable as cholesterol. At the far end of this politically treacherous trail, the distal fog melts away in the harsh light of molecular chemistry.

A molecule can change your life quite as much, if not quite as quickly, as standing at the wrong end of a bullet or a speeding truck. A doctor going door to door on New York’s Lower East Side in 1911 could have cured rotting gums, grotesque swelling in the legs, brittle bones, noxious skin ailments, and a thick catalog of other debilitating diseases by distributing a pill—just one—that’s now cheaper than candy, and so familiar we no longer view it as medicine at all. But a century ago, these terrible diseases killed and crippled so many people—tens of thousands of Americans every year—that many doctors viewed them as infectious. They weren’t. Industrial processing was stripping nutrients from the food that fed the city. Kids needed Flintstones.

The first vitamin was isolated in 1912. Others followed, and chemists soon found ways to extract or synthesize them cheaply. Prodded by private charities, medical associations, state health authorities, and federal guidelines, major food suppliers eradicated rickets, scurvy, goiter, beriberi, and pellagra, by returning to their products what they had inadvertently removed; they also improved infant health enormously by fortifying flour, milk, and salt, and promoting the consumption of cod-liver oil by pregnant women. By 1950, the Flintstoning of the American diet was routine, and the national menu was back to healthy again, or so many people thought.

They too were wrong. By 2005, seven of the world’s ten most profitable drugs owed most of their success to our foolish mouths. Two of those drugs lowered cholesterol, one suppressed the blood’s tendency to clot on cholesterol plaques, one lowered high blood pressure caused in part by clogged arteries, two were for heartburn and acid reflux, and one was for asthma, often aggravated by cigarettes. In Western countries, smoking still causes more deaths than all other readily preventable causes combined, but gluttony is catching up. It’s now responsible for 350,000 preventable deaths in the United States every year, including about one-third of all cancers.

Cholesterol was one of the first molecules to emerge from the disassembly of glut-and-gene statistics because it plays such a big role in gluing us together. In 1985, in their own Nobel lecture on the lipid, Michael Brown and Joseph Goldstein noted that cholesterol was “the most highly decorated small molecule in biology,” with eight prior Nobels on its shelf. But however often it may party in Stockholm, cholesterol will never be as simple as cholera, because what it does depends so much on whom it’s gluing. Thin families are all alike, but every fat family is unhappy in its own way.

About one in three Americans officially has fat blood—cholesterol tagged somewhere between a trifle chubby and obese. The main cause is a chubby diet, but some bodies handle their Cherry Garcia worse than others. About two people in 1,000 are born with a bad-cholesterol gene. Their livers can’t handle cholesterol as well as their mouths can, and they’re 20 times more likely to suffer a heart attack before 60. About one in a million is born with two copies of the gene, and the heart attacks then begin in childhood. About one person in two of European ancestry is born with a bad-heart gene, which boosts the risk of heart disease by 15 to 20 percent. About one in five is born with two copies, which more than doubles the risk.

Similar muddles of gluts and genes now underlie most of what ails us. The first patient we meet in Sherwin Nuland’s How We Die is a powerfully built construction-industry executive whose business success had “seduced him into patterns of living we now know are suicidal,” back when “smoking, red meat, and great slabs of bacon, butter, and belly were thought to be the risk-free rewards of achievement.” The patient has been admitted to the hospital complaining of chest pain, but he seems fine and is resting comfortably. And he’s just seconds away from the violent heart attack that will kill him.

Genes are the other big part of the story, as they quite possibly were with Nuland’s unhealthy executive. At least 3,000 distinct genetic links to disease are already known or suspected—for heart disease and diabetes; for breast, colon, kidney, prostate, and dozens of other cancers; for arthritis, Alzheimer’s, cystic fibrosis, Parkinson’s, and Huntington’s disease; and for porphyria, the nervous-system disorder thought to have afflicted King George III. Nuland’s brother and one of his parents both died of colon cancer. “The best assurance of longevity,” he notes, “is to choose the right father and mother.”

No such rumination about personal frailties was required when the authorities opened London’s assault on cholera in the mid-nineteenth century. To be as infectious as they are, germs must use public transit—the common water or air, most typically—and they must target common human chemistry—the bacterial peg must fit neatly into some chemical hole that most of us share.

The difference between medicine’s old simplicity and its new complexity is rooted in molecular biology. A typical bacterium has a few thousand genes; a typical virus, just a dozen or so. These small numbers keep the biochemistry of infectious disease and its antidotes relatively simple. New York today has a population of 8 million, each resident of the city has about 25,000 different genes, and no two residents are configured quite the same. And the germ of a biochemically unique disease may lurk in any one flawed gene, or combination of antagonistic genes, or confluence of genes and lifestyle.

By scrutinizing differences in our chemistry, biochemists can now disassemble glut-and-gene diseases into molecules that can be exposed long before they morph into plaques, clots, tremors, tumors, occluded airwaves, clogged arteries, and failed muscles. Breast cancer used to be a lump; now it’s at least four genes, two of which, when paired, make a tumor almost certain. Alzheimer’s disease has been linked to four genes. Autism may result from glitches spread across 100 or more. Fats, proteins, enzymes, antigens, and hormones adrift in our bodies presage problems that lie so far in the future that conventional medicine does not yet see any “disease” at all; they can also flag the seeds of disease already planted but still too tiny to discern with any conventional diagnostic tools. Perilous-lifestyle genes control hormone levels, brain chemistry, nerve functions, and metabolic rates, which in turn influence stress, pleasure, irritability, aggression, impulsive behavior, suicidal tendencies, alcoholism, and sexual appetites. The Y chromosome seems especially toxic—men are far more self-destructive than women.

Conditioned to celebrate our differences, we still find it very difficult to discuss suicidal lifestyles and flawed genes. But the relentless advance of molecular science is outing them all, regardless. Medicine’s principal mission today is to provide antidotes to the unhealthy side of human diversity, diversity defined by our own fissiparous chemistry.

Because they treat our differences, not what we share, the new drugs cost far more than the old. Brewing huge vats of penicillin or Lipitor is quite cheap. The expensive part—$1 billion or so per drug—is discovering the recipe and selling it to regulators, insurers, doctors, and patients. Most of that billion is spent before the first pill is sold; the per-patient cost depends largely on how many people the pill then treats. One vaccine, administered to many of the healthy, can protect the whole planet. Lipitor, by contrast, treats a few million Americans. Gleevec was first licensed to treat 40,000 patients with the “Philadelphia chromosome,” which causes a rare form of leukemia. A disease with four separate genetic roots probably requires four miracle drugs on the shelf. “Pharmacogenomics” fragments things further still, by tailoring drugs to patient-specific genes.

From here on out, cost—rather than any shortage of targets or biochemical know-how—will determine how fast drug companies develop and license new antidotes to human chemistry.

The molecule spies have handed drug labs a gigantic stack of blueprints; all the rest comes down to dogged, though stupendously expensive, chemical, medical, and legal engineering. There were only a few dozen vaccines and antibiotics in the field when the authorities declared the war on germs pretty much won. There will be thousands of people tuners in the arsenal before anyone is rash enough to announce that we have human chemistry fully under control.

And the announcement will still come too soon. Molecular medicine can also deliver thinner thighs, broader shoulders, fewer wrinkles, choreographed pregnancies, designer babies, better hair, sex, and sleep, and whatever else the incorrigible mountain biker may crave. Biochemists have already identified one “grim reaper” gene, and several “fountain of youth” genes, which point the way to lots more beyond-perfect pills. “The first person to live to be 1,000 years old is certainly alive today,” declares Aubrey de Grey, a Cambridge University geneticist. “I am working on immortality,” says Michael Rose, a professor of evolutionary biology at the University of California, Irvine.

Finishing the job could take time—the science and medicine of fragments won’t soon coalesce into a clear picture of how all the bits and pieces interact. But medicine does now have a deep, biochemical logic that sharply separates it from its past. Killer gluts and genes are much more complicated than killer germs, but the new pharmacology surpasses the old by an even wider margin. And the new medicine doesn’t have to get us all the way to eternity to transform the economics and politics of health care beyond recognition.

Most fundamentally, molecular medicine puts the patient in control. It tells him where his personal gluts and genes will probably take him years from now, and exactly how to dodge destiny by downing less ice cream or more Lipitor. The patient with this much personal control in easy reach will also, at some point, come to be viewed as responsible for failing to do the right thing.

Molecular medicine’s most important revelation suggests a very modest prescription: some things are best kept out of our lungs, guts, blood, and chromosomes. This, of course, is why we have rules to keep mold, dead insects, smoke, asbestos, benzene, radiation, and more out of food, workplaces, water, and air. Many individuals are now at least equally careful about what they eat, drink, and inhale, and some go so far as to tinker with genes. If each parent harbors a bad-cholesterol gene, a couple faces a one-in-four risk of bearing a child who will have a disastrous cholesterol problem. A routine test early in pregnancy lets the parents find out, and then redeal their genetic cards, if they wish to. Most people, however, still prefer to take their genetic chances with offspring, and many still line up for a daily fix of fat, nicotine, tar, alcohol, salt, or cocaine.

That so many tests and pills can now help keep our chemistry in balance amplifies these differences. Health-careless people tend to be as casual with pills as they are with dessert. Lipitor only widens the gap between people who generally live informed, disciplined lives, and those who don’t.

Lifestyles certainly can change for the better. Harvard reports that Native Americans who leave the reservation soon become much healthier. And shining a harsh diagnostic light on bad habits does help nudge people in the right direction. But for the most part, suicidal lifestyles have proved stubbornly resistant to change. It took decades to curb smoking. Cholesterol’s perils have been understood for at least as long as tobacco’s, but we actually need it, suppliers are everywhere, they can’t all be taxed and harried as the handful of big tobacco companies were, and diets are getting worse.

Much about the way genes move and lifestyles develop seems to keep health stuck in its rut, for better or worse. Asian-Americans, Harvard reports, somehow pass on their longevity to their kids; Ben & Jerry’s has apparently failed to corrupt them. Genes tend to travel in packs, too, because people tend to look for mates much like themselves. Whatever the reasons, the health lines separating Harvard’s Eight Americas have persisted for generations.

In the One America vision of things, better government would deliver better diets and also more Lipitor to all, and that would make health care, perhaps even health itself, equitable and uniform. But however clear a health problem may be, and however simple and cheap the cure, molecular medicine is riddled with lines that the nanny state just can’t cross. Who would ever have thought, for example, that the pursuit of thinner thighs might cause 1,000 birth defects a year, many as dreadful as thalidomide’s—and do it in the teeth of a federal scheme to save children from those very afflictions?

In 1998, the Food and Drug Administration resolved to slip a certain drug into everyone’s food. Dr. David Kessler, the FDA’s head at the time, preferred to call it a “pharmacologically active ingredient,” but what’s the difference? Folic acid (vitamin B9) promotes normal embryonic growth quite as powerfully as thalidomide inhibits it—a healthy dose keeps a baby’s spinal cord inside his spine, saving him from a lifetime in a wheelchair. The unborn baby needs a full ration in the first six weeks after conception, however, and roughly a quarter of young women have diets that fall short. So in 1998, Dr. K. directed that a modest dose be added to almost all flour, cornmeal, pasta, and rice flacked as “enriched.”

Doctors of jurisprudence, however, have concluded that no one can force an expectant mother to eat her risotto, least of all for the benefit of what may be growing in her womb. And on the advice of low-carb guru Dr. Atkins, millions of fertile young women stopped eating at Kessler’s diner shortly after he adopted his stealth-health menu. The late 1990s’ dramatic decline in “neural tube” birth defects began leveling off in 2004. The public cure for a nutritional deficiency reached its limit, apparently, in a private cure for gluttony.

The spina bifida baby isn’t responsible for his fate, but his mother certainly is in charge of hers—the Supreme Court says so. And many people, it seems, are reasonably comfortable inside their own skin, warts and all, don’t wish to change or medicate their lifestyles, and recoil at the thought of trying to jigger their children’s genes. Stealth-health medicine worked brilliantly in the war against contagious germs—by stemming contagion, vaccines and antibiotics protect the unvaccinated, too—but it can hardly touch gluts and genes. Freedom includes the freedom to burn your candle at both ends, though it will not last the night.

So what will insurers do with the pill that leaves the kick in a pack of Marlboros but magically neutralizes the poison? Will Aetna and the surgeon general both celebrate this miracle drug, congratulate Pfizer for racking up $40 billion in new sales in just one year, gracefully accept their respective shares of the bill, and watch calmly as smoking rates ramp back up? Will Congress declare that every smoker needs this drug, every smoker must get it, and Pfizer’s price gouging must end at once? Or will some heartless bookkeeper in Hartford or Washington dare to suggest that enough is enough, smoking is foolish, and the smoker can jolly well pay for the pill himself—or, failing that, for his own cancer, emphysema, and heart disease?

Lipitor for the Marlboro Man will take a while, but molecular medicine already raises questions like these every day, and they will keep piling up until they can no longer be concealed in the fine print of insurance policies or federal regulations. Common as they still are, insurance systems that pool health risks indiscriminately are vestiges of the past. They can’t survive what lies ahead.

Insurance makes sense for risks that people can’t control. Or to put it more bluntly, socialized medicine was a smart idea back when medicine was too stupid to halt infectious epidemics, discourage suicidal lifestyles, or discern the perils in killer genes. Berlin established national health coverage in 1883, soon after Robert Koch identified the bacterial cause of tuberculosis. When your neighbor has TB you’re happy to buy him a trip to a hospital, preferably in Aruba. Britain’s National Health Service was created in 1948, just as a cure—streptomycin—was becoming widely available. The antibiotic was cheaper than Aruba, and more effective, too. Washington began subsidizing a large chunk of U.S. health care five years earlier, when the IRS ruled that health benefits supplied by employers weren’t taxable income for employees. The poisonous effects of tobacco and diet weren’t nailed down until well into the 1950s. A systematic science for isolating and addressing perilous genes has emerged only in the last decade.

But we’re now past the days when infectious diseases were the dominant killers, and heart attacks and lung cancer seemed to strike as randomly as germs. And insurance looks altogether different when your neighbor’s problem is a persistent failure to take care of himself. Many people willing to share the burden of bad luck eventually tire of sharing the cost of bad behavior.

The new medicine certainly hasn’t banished luck completely—molecules don’t predict car accidents and can’t yet cure Huntington’s disease, cystic fibrosis, or many rare cancers. A widely shared sense of common decency also impels protection of children and the elderly. In between, however, the unifying interest in health insurance is surely the sense that anyone can be struck out of the blue by a ruinously expensive health catastrophe. And step by relentless step, molecular medicine is taking luck out of the picture.

Now consider what that does to insurance economics. Most critics of the status quo focus on the more manageable of the two core problems that health insurers now face: runaway cost. But the real problem is that for many people, health care is getting cheaper. This is what makes actuaries wake up screaming in the night: disease is coming out of the closet, and the new medicine splits health-care economics in two. For the health conscious, skipping the Cherry Garcia may be difficult, but it’s cheap, and Lipitor at almost any price is much cheaper than a heart attack. The health careless skip only the pill, not the ice cream, and end up in desperate need of what helps the least and costs the most. Doctors, hospitals, and scalpels summoned late in the day cost far more, and accomplish far less, than chemistry tuned to the point where there’s never plaque to cut.

No one-size, one-price insurance scheme can keep people happy forever on both sides of this ever-widening divide. Aetna can’t offer uniform coverage to individuals who face radically different risks, and who know it, too. Governments can’t, either.

For now, public authorities and private insurers conceal the growing cracks with Silly Putty definitions of what they’ll pay for. The old medicine of scalpels and human services is quietly but strictly rationed, if not by ability to pay, then by making patients wait in ever-lengthening lines for access to overworked doctors, obsolescent labs, and deteriorating hospitals. The new medicine winds up rationed by slow-rolling many new pills.

Britain, with one of the world’s worst cholesterol problems, began prescribing statins years late, and much less aggressively than it should have. Nine years after the first statin had been licensed in the United States, Britain’s National Health Service was still grappling with the fact that it couldn’t afford the drugs, and its doctors were prescribing statins to only a small fraction of the people needing them. U.S. insurers, both public and private, often do much the same thing. They extend coverage to new medicines well after they’re licensed, limit aggressive prescription early on, cover drugs sold in pharmacies much less generously than those administered in hospitals, and jigger deductibles and co-payments. The gap between what’s covered and what the new medicine can treat grows steadily wider.

As they line up in emergency rooms, the health careless will never know what they’re missing. But the health conscious will find out that they are paying for yesterday’s medicine, which they don’t need any more, and not getting tomorrow’s, which they do. Then, inevitably, they will look for coverage tailored to their own responsible behavior.

If they were allowed to, private insurers would respond with policies openly tailored to molecular profiles and priced accordingly. Insurers already do quite a lot of that kind of tailoring indirectly, by insuring through employers—work often segments insurance pools along lines similar to those flagged by Harvard. Any private insurer that fails to push this kind of segmentation as far as it can will end up covering all the heart attacks, while competitors underwrite the low-fat or high-Lipitor diets.

Governments don’t face the risks of competition, so they can insure as indiscriminately as taxpayers will allow. Or to similar effect, they can—and do—require private insurers to sell only one-size policies at one-size prices. Private insurers don’t openly tie coverage to personal chemistry because a slew of laws protect pri-vacy, mandate equal treatment, and bar discrimination on the basis of sex, race, disability, pregnancy, age, obesity, and much else. But however it’s packaged and peddled, universal health insurance requires steadfast public support—and the political center just won’t hold.

First, you have the pedestrian problem of costs that rise forever. The passive, clueless, and feckless must get ruinously expensive, last-ditch care because they don’t show up until it’s too late for anything else, and universal means what it says. The informed and engaged will stay healthy enough to demand better hair, skin, and sex along with their Lipitor. And while this is less frantic, desperate medicine, with a quite different price tag, its costs will keep rising, too, for as long as new lifestyles offer new ways to delight our bodies and medicine offers new antidotes to help us survive the pleasure. Vaccines and antibiotics kill their own market by wiping out all the germs. Lipitor just keeps the customer alive to crave more Cherry Garcia.

Then there’s the merciless fact of global competition. The cost of health care has a big, direct impact on both the cost of labor and the marginal tax rate. If California defies the new medicine’s economics by requiring insurers to ignore everything but age and geography, firms can flee to Texas, Ireland, or Shanghai. Efficient labor markets require efficient health insurance, which will be found only where actuaries are allowed to find out as much as the rest of us can, and craft policies accordingly.

A third, deeper problem is (depending on your politics) either base selfishness or common sense. The pocketbook-healthy eventually tired of paying for welfare that persistently failed to end poverty; the health-healthy will tire of paying for health care that persistently fails to improve health. However selfless and generous people may be, responsible types eventually despair of trying to cure self-destructive behavior from a distance.

Finally, the new medicine is too hot for even the political Right to handle, and the Left can hardly even acknowledge what it’s all about. To pick just one politically insoluble example among many, scientists have already isolated chemical and genetic links to mental retardation. In due course, they will develop drugs to improve or compensate for genes that help shape intelligence. Then someone will have to decide whether mental acuity, say, is as important as cystic fibrosis, and if so, where insurers must set the IQ cutoff for coverage. Medicaid will have to set a federal line, and Virginia can perhaps establish a benchmark for the states.

Virginia has experience. In 1927, its medical authorities sought to sterilize Carrie Buck, a teenager they deemed a “mental defective.” “Three generations of imbeciles are enough,” declared Justice Holmes, in the Supreme Court’s ruling that they could go right ahead. If the follow-up case returns to the high court in 2027, the question will be whether eugenics in a bottle is a right so fundamental that Virginia must pay for it.

All of us depend on the same short list of basic nutrients—a few dozen vitamins, minerals, amino acids, and raw calories. Cherry Garcia alone, as it happens, pretty much covers it. Or we can thrive for years on nothing fancier than mother’s milk, which lacks even the cherries—many of us once did. This simplicity made deficiency diseases quite easy to beat, once science revealed what was missing. So easy that many people are surprised to learn that vitamin science earned a fistful of Nobel Prizes in its day, and that vitamins were very expensive before they became so cheap.

In the early 1920s, Quaker Oats offered $900,000 to buy a new method to enrich the vitamin D content of food. Sensing an opportunity to peddle health and pleasure in a single package, cigarette and beer companies also wanted the patent. The inventor, Professor Harry Steenbock of the University of Wisconsin, opted instead to set up an independent foundation to license the technology and return the proceeds to his lab. Ten years later, the foundation had earned more than $17 million on the patents—and rickets had almost disappeared from the United States.

Much as vitamin deficiencies did back then, chronic obesity now destroys joints, breaks bones, swells body tissues, and causes heart disease. For one exhilarating decade, Pfizer made a fortune suppressing just one molecule in the long, toxic list of things we shouldn’t consume but often do. Then statin patents began to expire. On June 22, 2006, Merck still owned a statin, Zocor, that earned the company over $3 billion a year in the United States alone. The next day, the formula belonged to humanity.

Lipitor, though introduced later, had quickly eclipsed Zocor in the market, and its patent still had five years to run. But Zocor was now set to take a Pyrrhic revenge. U.S. insurers immediately began jiggering co-pay schedules to migrate patients to generic versions of Zocor. Consumer Reports estimated that a wholesale shift would save $7 billion to $11 billion a year. Lipitor’s market share dropped 4 percentage points in the first half of 2006. Wall Street saw it coming: a few months earlier, Pfizer’s stock price had hit an eight-year low, almost 50 percent below its Lipitor peak. Zocor still sold at about $3 a pill in early 2006; generic copies now sell for as little as 50 cents.

Statins end up very cheap for much the same reason that cholesterol did: there are huge economies of scale in farming cows for milk and fungi for statins, or in brewing up synthetic versions of almost anything. But it takes a delicate choreography of patent-protected monopoly and cutthroat competition to get the innovation first and the rock-bottom prices later. At present, the front end is financed mainly by the United States. Drug companies introduce most new drugs here first, and affluent Americans pay premium prices while the patents last. Less affluent Americans, along with public and private insurers in the United States, Britain, Canada, and the rest of the developed world, get a sharply discounted ride on their economic coattails. Three-dollar statins in New York in 1996 get 30-cent statins to London in 2006 and three-cent statins to Kuala Lumpur a few years later.

Governments are impatient, however, especially when they have promised to supply what they can’t possibly afford but can readily seize. The promise of universal care implies state-of-the-art care, so governments’ principal response has been to skip straight to the three-cent pill. In the developing world, the authorities just fail to notice when pirates manufacture knockoffs. Most developed countries have gone halfway there, by instituting a monopoly buyer to bargain against the monopoly patent. Some members of Congress want to let U.S. patients order drugs from Canadian pharmacies, so that Ottawa will bargain with Pfizer on behalf of the poor in Oshkosh. Others want to set Washington up as the monopoly buying agent for all drugs that it pays for.

Drug companies, however, are quite smart enough not to develop three-dollar pills for three-cent buyers. Collectively, these price-depressing strategies already make it unprofitable to pursue many drugs that treat rare diseases, and drugs for all but the most common diseases earn most of their profit in the unregulated U.S. market. From Big Pharma’s perspective, we are now about half a country away—the rich-America half—from making most diseases too thrifty to bother with. Wherever it’s implemented, every new scheme to undercut the value of an existing patent lowers the incentive to discover new drugs. Every such scheme sacrifices long-term global health for short-term political gain. Every last one of them is ice cream today, and never mind about tomorrow.

That is the real crisis in health care—not medicine that’s too expensive for the poor but medicine that’s too expensive for the rich, too expensive ever to get to market at all. Human-ity is still waiting for countless more Lipitors to treat incurable cancers, Alzheimer’s, arthritis, cystic fibrosis, multiple sclerosis, Parkinson’s, and a heartbreakingly long list of other dreadful but less common afflictions. Each new billion-dollar Lipitor will be delivered—if at all—by the lure of a multibillion-dollar patent. The only way to get three-cent pills to the poor is first to sell three-dollar pills to the rich.

With almost $30 trillion under management, Wall Street could easily double the couple of trillion it currently has invested in molecular medicine. The fastest way for Washington to deliver more health, more cheaply, to more people would be to unleash that capital by reaffirming patents and stepping out of the way.

On the other side of the pill, molecular medicine can only be propelled by the informed, disciplined consumer. Any scheme to weaken his role will end up doing more harm than good. Foggy promises of one-size, universal care maintain the illusion that the authorities will take good care of everyone. They reaffirm the obsolete and false view that health care begins somewhere out there, not somewhere in here.

Neither Pfizer nor Washington can ever stuff health itself into a one-price, uniform, One America box—not when health is as personal as ice cream, genes, and pregnancy, not when every mother controls her personal consumption of carbs, cholesterol, Flintstones, and Lipitor. But the thought that government authority can get more bodies in better chemical balance than free markets and free people is more preposterous than anything found in Das Kapital. Freedom is now pursuing a pharmacopoeia as varied, ingenious, complex, flexible, fecund, and personal as life itself, and the pursuit will continue for as long as lifestyles change and marriages mix and match. Given time, efficient markets will deliver a glut of cheap Lipitor for every glut of cheap cholesterol. And given time, free people will find their way to a better mix.

Peter Huber is a Manhattan Institute senior fellow. His books include Hard Green: Saving the Environment from the Environmentalists and Galileo’s Revenge: Junk Science in the Courtroom.

Golden State's Budget

California's Silent Big Spenders

Political class refuses to explain why the state requires hysterical spending growth

Say this much for the French: At least they have the couilles to come right out and argue why government needs to be bigger and more intrusive. I may not agree that the state should enforce "solidarity," or protect people from the alleged ravages of "hyper-capitalism," or promote national values to an increasingly blasé world, but at least these are concrete articulations of a positive government agenda, one that is buttressed by France's semi-legendary (if slipping) public sector productivity.

You will hear no such arguments in California, even as a surly political/journalistic class continues its bitter campaign against "small government zealots" and voters who failed to heed their wisdom this month about the necessity of approving yet another round of budget gimmicks and tax hikes. Curiously, in the face of evidence that state spending growth has outpaced population-plus-inflation growth under each of the last three governors, the people busy sounding the alarm against "annihilating" budget cuts have fallen tellingly mute when it comes to explaining just why Californians should pay more and more money for government services every year.

What, exactly, has been the return on this added investment? If spending under Gov. Arnold Schwarzenegger increased 6.75 percent a year during mostly good times, surely there must be, say, a 3 percent increase in the quantity or quality of...something? Crickets.

Instead of making the positive case for big government, or at least beginning to explain, let alone defend, what Sacramento does with all that money, California's political class has instead opted for a four-pronged strategy: deny, scare, attack, then call for higher taxes.

First is the denial that there is a government-growth issue in the first place. This takes some intellectual dexterity, since the facts indicate otherwise.

Los Angeles Times business columnist Michael Hiltzik, for example, declared this week that the notion California had a spending problem was "an infectious myth." But Hiltzik was only able to arrive at that conclusion by not categorizing bond spending as "spending," and mis-measuring a 14 percent population increase over the past decade as 30 percent. An Los Angeles Times news article—with the objective headline "California budget crisis could bring lasting economic harm"—dismissed the big-government critique in two sentences: "Businesses have long complained about big-spending government in California. But with state and local spending accounting for about one-fifth of the state's gross domestic product, California is in line with some other heavily populated, expensive-to-manage states, such as New York and Florida." Left out of that comparison (besides a more representative opposition than "businesses" who "complained") was an even bigger state than New York or Florida: Texas, where state and local spending is not "in line" with California at all.

The scare story is the easiest to tell, and sell. It requires no falsifying, no comprehensive analysis of state spending, just selected horror stories and numbers about the miserables left behind by a suddenly crippled state. "Poor would bear brunt of California budget cuts," the Los Angeles Times headlined one story. Commented the California progressive Robert Scheer, in a disbelieving TruthDig column on federal reluctance to bail out the Golden State: "Bail out the banks, but not the 500,000 poor families with children served by the CalWorks program, which will be dismantled, or the 928,000 children covered by the Healthy Families program, slated for oblivion."

Next, and most fun, comes the attack, mostly against that vanishing and largely impotent California tribe known as "Republicans." New York Times economic columnist Paul Krugman called the state GOP "the party of Rush Limbaugh," with members who "have become ever more extreme," yet with "enough seats in the Legislature to block any responsible action in the face of the fiscal crisis." Washington Post labor columnist and longtime L.A. hand Harold Meyerson said that "today's GOP state legislators," when compared to the self-styled "Neanderthal" conservatives of the 1978 tax revolt, make "the Neanderthals look like Diderot's Encyclopedists."

How is it possible to blame a spending-based budget crisis on the spending-averse minority party in an increasingly monolithic Democratic state? This is where the reeling political class actually senses an opportunity.

"The biggest obstacle of all," wrote Los Angeles Times Sacramento columnist George Skelton just after the election, "is the inane two-thirds majority vote requirement for passage of virtually any money bill—spending or taxes." That two-thirds requirement, along with a cap on property-tax increases for owners who hold onto their homes and businesses, was part of the landmark 1978 voter initiative Proposition 13.

"The truth is that real solutions to the budget crisis are obvious," Hiltzik wrote just after the election. "One: Eliminate, or at least loosen substantially, the two-thirds legislative requirement to pass a budget or raise taxes. [...] Three is the Big One: Revise Proposition 13. Prop 13 is often described as a tax-cutting measure, but that scarcely does justice to the damage it has caused."

Also singing in the Prop. 13-must-go chorus were Krugman, Meyerson, UC Irvine Law School Dean Erwin Chemerinsky, the Los Angeles Times editorial board, The American Prospect's Tim Fernholz, and just about any newsroom employee you'll run into. To a man, they'll tell you that the initiative is responsible for "bringing the state to [its] knees in four decades," or in Meyerson's florid verbiage, for having "reduced the Golden State to baser metal."

But if that analysis is true, then there is a natural follow-up question that none seem to ask: Why is it that the quality of government services is going down when the prices are going up? Snap intuition suggests that taxpayer dollars are being spent less efficiently each year. The more you spend on waste, the less you can spend on those 928,000 children.

Though there are far fewer zero-sum contests in economics than most people think, the battle over taxpayer dollars is definitely one of them. Every Californian worried about service cuts should take a very close look at state-sector pension contributions and the sweetheart contracts negotiated by the public sector unions that aren't even apologetic about helping run the state's finances into the ground.

It's only a suspicion, but my guess is that the main reason pro-spending commenters and legislators don't regale us with defenses of the virtuous State is that in their hearts they know it isn't true. If Sacramento is providing boffo services, it isn't immediately evident in the places where non-welfare-recipient Californians are most likely to encounter them: On the clogged highways, in the crappy public schools, at the local DMV. If the stuff we don't normally see is being delivered with increasingly better results, that's the kind of story that might begin to persuade skeptical Californians. But that's precisely the story that the state's political class won't—or can't—tell.

Matt Welch is editor in chief of
Reason.

Professor Victor Davis Hanson

Seeing the Sonya Sotomayor nomination through racial lenses.

Lost in the Labyrinth of Race

By Victor Davis Hanson

The Sotomayor Nomination and the Politics of Racial Identity

One of the unexpected results of the Sotomayor nomination is a refocusing on the politics of racial identity and the fossilized institutions of affirmative action-or the belief that the U.S. government should use its vast power to ensure an equality of result rather than a fairness of opportunity.

In the last fifty years, United States has evolved into a complex multiracial state. Race no longer is necessarily an indicator of income or material success-as the record of, say, Japanese-Americans or, indeed Asians in general, attests.

And what criterion constitutes race itself nowadays, when almost every family has someone who is half-Hispanic, a quarter-Asian, one-half black, or part Pakistani? What percentage of one's lineage ensures purity of race, or qualifies for minority status? Are California Hispanics minorities, or so-called whites that are now a smaller percentage of the state population?

And what constitutes racial authenticity? Lack of income? An absence of success in the American rat race? Is the fourth generation upper-class Cuban an "Hispanic" who should qualify for affirmative action because his name is Hillario Gonzalez? Does the one-quarter aristocratic Jamaican qualify for American redress on account of his partial blackness?

And how does affirmative action-or even the fuzzy notion of "diversity"- adjudicate all this without mirror-imaging the statisticians of the Old Confederacy who could precisely calibrate the 1/16 drop of black blood? The university where I taught was full of South Americans and Europeans with Spanish surnames that allowed their various departments to be considered "ethnically diverse," while others, having Russian émigrés, or the foreign born from New Delhi, Israel, and Egypt, struggled to satisfy the dictates of diversity czars.

In other words, affirmative action, and the racial identity politics that fuel it, are swamped by their inherent racialist contradictions-and made irrelevant by the dynamism of popular culture of the last three decades in which intermarriage, assimilation, and integration have challenged the notion of racial fides itself.

What are we left then with?

A mess. And a rather mean and nasty mess at that.

So It Is Past Victimization?

Consider the growing Orwellian logic of affirmative action. Is it based on the notion of past grievance? Apparently to make up for historical bias, we are to give a nudge to the present generation of minorities to overcome generations of discrimination.

But wait, the University of California system has been caught in the past trying to dream up ways of reducing Asian representation while bolstering the numbers of Hispanics and blacks. Yet some Asian had parents who were put in camps during World War II by Earl Warren, FDR, and the efforts of the liberal McClatchy newspapers. Asians in the 19th century were denied housing, zoned out of cities, and treated terribly as laborers.

So the reason a Melinda Tanaka might not receive a boost surely is not because she cannot claim victim status in the past. Indeed, why should a Barack Obama qualify for special consideration in college? His mother was white; the grandparents who raised him were as well. His absent father was African-and not part of the historical American trauma of racism and discrimination accorded African-Americans.

Again, a first -generation African immigrant from Jamaica or Nigeria in theory should not tap into special treatment on the basis that his parents or grandparents had suffered in America.

So It's Present Racism?

All of which leads us to the second pillar of the new discrimination. If it is not necessarily always a claim on historical suffering in the past, then the defense for special consideration must be present racism and lingering discrimination?

But here again we get lost in the labyrinth of race. I know dozens of Punjabi immigrants who are far darker than South Americans. Many Filipinos I taught were more easily identifiable as minorities than many half-African-Americans in my classes. Yet none qualified under the racial rubrics of affirmative action. Indeed, if a Bobby Jindal were to be President, I don't think the Left would be much interested in his "special" story, at least as much as they are now with that of Sonia Sotomayor's.

If America is still a racist country, and if we still overtly discriminate on the basis of physical appearance at odds with supposed white norms, well then it is a funny sort of racism. Are we to assume taxi drivers, landlords, and employers supposedly examine nearly-black Indian-Americans, dark southeast Asians, or Spanish-speaking Cubans, and say, "Hmmm, you're OK,"-and then make it hard for Costa Ricans and Guatemalans because they have accented names or trill their r's, or more closely replicate the status of Mexican-Americans?

Is there a racial Czar somewhere who has clay tablets that say:

"Only those with 51% demonstrable African-American blood or Mexican-American heritage-or those from Africa, the Caribbean, and South America who can best emulate them-whose present incomes are less than the American mean, and who can cite three recent examples of racial discrimination, are equal for preferential treatment"?

If neither past collective, nor present individual, racism is a logical guide in adjudicating who receives affirmative action, then perhaps we can consider three other criteria. And here we begin to find our way a little through the frightening labyrinth of race.

There are, I think, some unspoken rules of race and racial advantage in America today.

Does Poverty Qualify?

One, you must have some claim, even if the most flimsy one, to a minority group whose average per capita income is below that of the so-called white norm-on the theory that racism, not cultural practices, entirely explains success or failure in contemporary America.

Indians, Basques, Greek-Americans, Arab-Americans, Japanese-Americans, and Chinese-Americans-regardless of their appearance or superficial distance from the dominant "white" tribe" -are probably not going to receive special consideration to trump strict criteria like GPAs and test scores when applying to medical or law schools. American-Indians, Mexican-Americans, and African-Americans are. That any individual of the former group might in fact be far poorer than any member of the latter group matters not at all. That any of the former cadre may also be more instantly recognizable as non-white matters likewise not a whit.

Is It Politics, After All?

How else can we explain why the son of a light-skinned African-American general or orthodontist receives extra consideration and the dark daughter of a Kurdish taxi-driver does not? I had a Coptic student with an Egyptian name from a poor family who tried to suggest that he really was "African-American"-and was laughed out of the university's affirmative action office.

Second, the claimant at some point during his cursus honorum should clearly identify himself as proud of his tribe and liberal in persuasion. The conservative TV newsreader named Joe Lopez, who does not trill his r's, and is politically inconspicuous, will not be given as much preference as the ‘Latina' who pronounces Spanish-names with Spanish accents, adds accents to her own name, and is prominent in liberal causes. Consider the antithetical treatment accorded to a Miguel Estrada versus Sonia Sotomayor, or a dark conservative Clarence Thomas versus an Eric Holder of Barbados ancestry. Estrada, remember, was targeted by the left precisely because he was Hispanic.

Leftwing minorities apparently are seen as authentic-in the sense of being thankful and obliged to their liberal patrons for their heroic efforts at ‘leveling the playing field'. Right-wing minorities who do not consciously embrace racial identification are typecast as being bitter, unappreciative, and perhaps a little crazy.

Do We Just Make This Stuff Up?

I had half-Mexican-American students who had Hispanic first names and fathers-something like a Horacio Dominquez or Jacinta Guzman-who were fully assimilated, upper-middle-class, did not speak a word of Spanish, but were active in La Raza-like groups and, presto, were seen as authentic enough to be given the benefits of unspoken affirmative action. In turn, I also had trouble convincing graduate schools to give affirmative action consideration to those like a Bill Smith or Larry Butler, who had Mexican-American mothers and spoke Spanish. In California-given the mixed ancestry of Cherokee intermarriage of many in the Oklahoma Diaspora-a sort of parlor game among white students was to claim, often accurately, 1/4, 1/8, or 1/16 "Native-American" racial heritage.

Churchillism-As In Ward...

So affirmative action, as the chameleon-like scoundrel Ward Churchill demonstrated, can easily devolve into a conscious and often artificial construct of careerist self-identification. Take away his locks and beads, and his mumbo-jumbo chants, and Churchill was more or less a poorly educated white male teacher that had no refuge in the university as recompense for his questionable scholarly pedigree.

Half-Hispanic and very affluent William "Blaine" Richardson, former Presidential candidate, had he a Hispanic pedigree on his father's side, or had he used his mother's name, or, better, had Latinized his first name, could have much more easily reinvented himself as Guillermo Marquez-a more authentic minority -despite his family money and rather exclusive prep-school background.

Had Barack Obama kept his assumed name Barry, and used his mother's maiden name-logical, given the Dunham family's exclusive caretakership of young Barack-a Barry Dunham might have appeared far less exotic and authentically black than Barack Obama.

Do the ‘Okies' Count?

There are even more absurd incongruities. Poor white grandchildren of the Oklahoma Diaspora in places like Ceres or Bakersfield have still not attained parity with other groups. Yet, the fact that they are "white" ends discussion. Their race ensures that they are not due any of the exemptions accorded other minorities-despite the fact that poverty, grammatically poorly-spoken English, and cultural stereotypes against "Okies" , can ensure that they are discriminated against as much as Latinos and blacks-especially from the white elite classes. The abjectly poor, straight-A son of Oklahoma-accented cesspool-pumper Travis Thornberry from Tulare, California will probably find it far harder to get into Stanford than the B+ children of affluent, highly-educated African-Americans.

Instant Victimhood

Illegal immigrants likewise reveal the absurdities of the government entry into racial spoils. A Yolanda Trevino who crosses the border at sixteen illegally; by eighteen is eligible for federal affirmative action when applying for college-even though she has had no prior pernicious experiences in the United States-on the dubious theory that entering America in 2009 guarantees the same subordinate status as those who came in 1920. Again, the illegal alien will get deferential treatment not shown the second-generation Chinese-American.

What Are We Left With?

Note here I am not arguing that in many cases affirmative action, the diversity industry, and identity policies do not result in some sort of understandable corrective action, or draw on the logic of recompense. Instead, I suggest that in far too many cases they simply do not-and that the exceptions, distortions, and inconsistencies associated with affirmative action and identity politics have now reached enough of a critical mass to end this once utopian experiment once and for all.

Elite White Guilt

Indeed, creating, recreating, and emphasizing racial identity, especially among elites, currently involves so many contortions that it has descended from the absurd to the outright pernicious-and is becoming a sort of racism itself. One gets the uncomfortable feeling that the perpetuators of the present system-mostly elite whites-find some sort of psychological absolution in such a system that allows them to alleviate guilt without living among poorer people of color, or sending their own children to the "diverse" public schools-two concrete steps that might quickly indeed ensure better neighborhoods and better education for the "other." In any case, most white elites count on their own connections, wealth, and education, to find exemptions from the unfairness of racial identification. A Ted Kennedy, after all, had affirmative action well before it was based on race.

Unfortunately, unlike a Condoleezza Rice, Colin Powell, or Alberto Gonzales, President Obama has embraced identity politics in unprecedented fashion-and we are reaping what he has sown. In these first days of the Sotomayor nomination, we are not discussing Justice Sotomayor's judicial competence as much as her Latina identification-and the political ramifications of such tribalism.

But then only in these race-conscious times could a Barack Obama have entered the racial labyrinth as a well-educated youth of mixed and foreign ancestry, and middle-class prep school lineage, and exited as a representative totem of the African-American underclass.

By virtue of that metamorphosis it matters not at all that he once subsidized the racial hatred of Rev. Wright's Church, carelessly tossed out the epithet ‘typical white person', stereotyped the white working class as ‘clingers,' had his privileged Attorney General call Americans "cowards" on matters of race, and nominated a candidate for the Supreme Court who, despite all the tortured exegeses of exculpation, declared that white males could not possess the judicial wisdom and temperament of someone of her own race and gender.

You see, in matters of racial politics, we deal now only in fantasies rather than reality.

Berklee School of Music----Songwriting Clinic

http://www.berkleemusic.com/welcome/pattison_clinic

RNC Head Botches Gay Marriage Question

Hat Tip to CafeHayek.com

May 28, 2009

Huh?

Russell Roberts

I couldn't make this up:

Republicans can reach a broader base by recasting gay marriage as an issue that could dent pocketbooks as small businesses spend more on health care and other benefits, GOP Chairman Michael Steele said Saturday.

Steele said that was just an example of how the party can retool its message to appeal to young voters and minorities without sacrificing core conservative principles. Steele said he used the argument weeks ago while chatting on a flight with a college student who described herself as fiscally conservative but socially liberal on issues like gay marriage.

"Now all of a sudden I've got someone who wasn't a spouse before, that I had no responsibility for, who is now getting claimed as a spouse that I now have financial responsibility for," Steele told Republicans at the state convention in traditionally conservative Georgia. "So how do I pay for that? Who pays for that? You just cost me money."


I don't know what more offensive, the singling out of small business as if it's something special (it isn't) or the stupidity of an argument that applies with even more force to heterosexual marriage.

Friday, May 29, 2009

Cost-Shifting for Alcohol and Substance Abuse

Governments’ Drug-Abuse Costs Hit $468 Billion, Study Says

Government spending related to smoking and the abuse of alcohol and illegal drugs reached $468 billion in 2005, accounting for more than one-tenth of combined federal, state and local expenditures for all purposes, according to a new study.

Most abuse-related spending went toward direct health care costs for lung disease, cirrhosis and overdoses, for example, or for law enforcement expenses including incarceration, according to the report released Thursday by the National Center on Addiction and Substance Abuse, a private group at Columbia University. Just over 2 percent of the total went to prevention, treatment and addiction research. The study is the first to calculate abuse-related spending by all three levels of government.

“This is such a stunning misallocation of resources,” said Joseph A. Califano Jr., chairman of the center, referring to the lack of preventive measures. “It’s a commentary on the stigma attached to addictions and the failure of governments to make investments in the short run that would pay enormous dividends to taxpayers over time.”

Beyond resulting in poor health and crime, addictions and substance abuse — especially alcohol — are major underlying factors in other costly social problems like homelessness, domestic violence and child abuse.

Shifting money from hospitals and prisons to addiction treatment and research has never been politically easy, and it is all the harder now because the federal government and most states face large budget deficits and are cutting many key services. But Mr. Califano said that many preventive measures had rapid payoffs in medical and other expenses.

The work of the center and of Mr. Califano, who was a secretary of Health, Education and Welfare in the 1970s, have sometimes drawn fire from conservatives who put more emphasis on law enforcement than drug treatment and, on the other side, from groups who advocate loosening some drug laws and using needle exchanges and supervised addiction maintenance, as some European countries do, to reduce the personal and societal costs.

Ethan Nadelmann, director of the Drug Policy Alliance, a national group advocating legal reforms, said it was misleading for the report to lump together direct costs of tobacco, alcohol and drug abuse, like ill health, with expenses relating to enforcement of marijuana laws and prison. Many of the criminal justice costs, Mr. Nadelmann said, are not an inherent result of drug use but rather of policy choices to criminalize it.

“Still, the punch line of their report, that society should invest far more in prevention and treatment, makes total sense,” Mr. Nadelmann said.

The new report cites the antismoking campaigns of the last several decades as a promising model: education, higher taxes and restrictions on smoking zones have cut the incidence of smoking by close to half, saving billions in costs. It called for similar efforts to curb under-age drinking and excess alcohol consumption by adults, using higher taxes on beer, for example.

Even with tobacco, far more could be done, according to the report, which noted that only a small fraction of the more than $200 billion the states have received since 1998 under the Multi-State Tobacco Settlement had gone to prevention of smoking.

Federal studies show that the best drug treatment programs pay for themselves 12 times over, the report said, because patients who succeed have quick improvements in health and behavior.

The Columbia center called for legislation to require broader coverage of substance abuse treatment by health insurers. Mr. Califano said that as the new Obama administration tried to rein in spiraling health costs, deepening such coverage would be vital.

Some insurance companies have opposed such a sweeping requirement, arguing that the record of drug treatment is too spotty.

Thursday, May 28, 2009

The Date-Rape Industry on Campuses Everywhere

City Journal Home.

The campus rape movement highlights the current condition of radical feminism, from its self-indulgent bathos to its embrace of ever more vulnerable female victimhood. But the movement is an even more important barometer of academia itself. In a delicious historical irony, the baby boomers who dismantled the university’s intellectual architecture in favor of unbridled sex and protest have now bureaucratized both. While women’s studies professors bang pots and blow whistles at antirape rallies, in the dorm next door, freshman counselors and deans pass out tips for better orgasms and the use of sex toys. The academic bureaucracy is roomy enough to sponsor both the dour antimale feminism of the college rape movement and the promiscuous hookup culture of student life. The only thing that doesn’t fit into the university’s new commitments is serious scholarly purpose.

The campus rape industry’s central tenet is that one-quarter of all college girls will be raped or be the targets of attempted rape by the end of their college years (completed rapes outnumbering attempted rapes by a ratio of about three to two). The girls’ assailants are not terrifying strangers grabbing them in dark alleys but the guys sitting next to them in class or at the cafeteria.

This claim, first published in Ms. magazine in 1987, took the universities by storm. By the early 1990s, campus rape centers and 24-hour hotlines were opening across the country, aided by tens of millions of dollars of federal funding. Victimhood rituals sprang up: first the Take Back the Night rallies, in which alleged rape victims reveal their stories to gathered crowds of candle-holding supporters; then the Clothesline Project, in which T-shirts made by self-proclaimed rape survivors are strung on campus, while recorded sounds of gongs and drums mark minute-by-minute casualties of the “rape culture.” A special rhetoric emerged: victims’ family and friends were “co-survivors”; “survivors” existed in a larger “community of survivors.”


Internet and Free Speech

Who Controls the Internet?
The United States, for now, and a good thing, too.
by Ariel Rabkin


In order to please our European allies and our Third World critics, the Obama administration may be tempted to surrender one particular manifestation of American "dominance": central management of key aspects of the Internet by the U.S. Department of Commerce. Other countries are pushing for more control. Early this year, British cabinet member Andy Burnham told the Daily Telegraph that he was "planning to negotiate with Barack Obama's incoming American administration to draw up new international rules for English language websites." It would be a mistake for the administration to go along. America's special role in managing the Internet is good for America and good for the world.

Internet domain names (such as www.google.com) are managed hierarchically. At the top of the hierarchy is an entity called IANA, the Internet Assigned Numbers Authority, operated on behalf of the Commerce Department. The U.S. government therefore has the ultimate authority to review or revoke any decision, or even to transfer control of IANA to a different operator.

Until now, the management of the Domain Name System has been largely apolitical, and most of the disputes that have arisen have been of interest only to insiders and the technology industry. IANA has concerned itself with fairly narrow questions like "Should we allow names ending in .info?" Commercial questions about ownership of names, like other property disputes, are settled in national courts. Political questions like "Who is the rightful government of Pakistan, and therefore the rightful owner of the .pk domain?" are settled by the U.S. Department of State.

There are persistent proposals to break the connection between IANA and the U.S. government. In these schemes, IANA would be directed by some international body, such as the United Nations or the International Telecommunication Union, which coordinates international phone networks. It is unclear what problem such proposals attempt to solve. There have been no serious complaints about American stewardship of the Internet, no actual abuses perpetrated by American overseers. But were we to abdicate this stewardship, a number of difficulties could arise.

Domain names sometimes present political questions. Which side in a civil war should control Pakistan's Internet domain? Should Israel's .il be suspended as punishment for its being an "Apartheid state"? What about Taiwan's .tw if China announces an attempt to "reabsorb its wayward province"?

Perhaps most serious, control of Internet names could become a lever to impose restrictions on Internet content. Many governments already attempt to control speech on the Internet. Some years ago, Yahoo! was subject to criminal proceedings in France for allowing Nazi memorabilia to be auctioned on its website. Britain, Canada, and Australia all have mandatory nationwide blacklists of banned sites, managed by nongovernmental regulators with minimal political oversight. Such blacklists can have unpredictable consequences: Wikipedia was badly degraded to British users for some hours because of a poorly designed censorship system targeting child pornography.

If we give control of the Internet naming infrastructure to an international organization, we must expect attempts to censor the Internet. The Organization of the Islamic Conference will doubtless demand the suppression of websites that "insult Islam" or "encourage hatred," and a number of European countries may well go along.

Most countries lack our First Amendment tradition, and if we wish to protect the free speech rights of Americans online, we should not allow Internet domain names to be hostage to foreign standards. Many other First World countries already have government-imposed restrictions on Internet speech that we would not contemplate here. Even if Internet governance were shared only with First World democracies, they might urge and ultimately demand that domain operators impose restrictions on content.

An international Internet-management organization could offer foreign governments a way to impose restrictions without public debate. Rather than having a political fight about the matter, governments might quietly pressure international regulators to draw up and gradually extend "responsible behavior" codes for online speech. This would follow a pattern familiar in other global institutions: Governments negotiate preferred policies without public participation and then present the results as an international consensus, beyond political challenge.

American stewardship does not mean the world must put its entire trust in U.S. oversight. If the United States started using its privileged role in ways that other governments found intolerable, they could override this behavior. It would be technically straightforward for foreign governments to maintain their own naming infrastructure and to instruct Internet service providers to use it. This heavy-handed government intervention in network operations, however, would likely receive substantial public scrutiny. It probably would not be undertaken unless the United States gravely misused its authority over the Internet.

This same reluctance would apply to potential American responses to censorship or mismanagement by an international organization. The United States could, in theory, set up a renegade, uncensored Internet. But there would likely be significant public distrust, substantial political acrimony, and a great deal of hesitation. We are better off keeping the public Internet free and leaving the social and technical burdens on governments that want to censor. The present system is thus perhaps the best way to prevent the naming system from being used to chill online speech worldwide.

American supervision of Internet naming is not a historical accident.Much of the world's telecommunications infrastructure was developed by national post offices. Our unusual tradition of private infrastructure development, including the railroad and telephone networks, made America fertile ground for the development of the Internet. We expect government not only to settle political questions, but also to protect the freedom of private entrepreneurs as much as possible. To the extent that the Internet is decentralized and self-governing, it is so because Americans expect society to work that way.

It is natural for other countries to resent the privileged role of the United States in Internet governance and to demand a greater measure of control. But if we believe in free speech, we ought to keep control of the Internet away from foreign governments that value it far less than we do.

Ariel Rabkin is a Ph.D. student in computer science at the University of California, Berkeley.

Wednesday, May 27, 2009

People to Avoid

8 Toxic personalities to avoid

Although we like to think that the people in our lives are well-adjusted, happy, healthy minded individuals, we sometimes realize that it just isn't so. Personally, I've had moments where I'll be skipping through my day, happy as can be, thinking life is grand and BAM, I'll be blindsided by someone who manages to knock the happy wind out of my sails. Sometimes it is easy to write it off and other times, not so much.

Maybe you are a positive person, but when you are around a certain individual, you feel negative. Or, maybe you have an idealistic view of the world and when you are with certain people, you are made to feel silly, unrealistic or delusional. Or, maybe you pride yourself in being completely independent and in control of your life, but when you are around a certain family member, you regress into a state of childhood.

Some of these situations, and yes, these people, can have a tremendously negative impact on our lives. And, although we are all human and have our 'issues,' some 'issues' are quite frankly, toxic. They are toxic to our happiness. They are toxic to our mental outlook. They are toxic to our self-esteem. And they are toxic to our lives. They can suck the life out of us and even shorten our lifespan.

Here are the worst of the toxic personalities out there and how to spot them:

1. Manipulative Mary: These individuals are experts at manipulation tactics. Is a matter of fact, you may not even realize you have been manipulated until it is too late. These individuals figure out what your 'buttons' are, and push them to get what they want.

  • Why they are toxic: These people have a way of eating away at your belief system and self-esteem. They find ways to make you do things that you don't necessarily want to do and before you know it, you lose your sense of identity, your personal priorities and your ability to see the reality of the situation. The world all of a sudden becomes centered around their needs and their priorities.

2. Narcissistic Nancy: These people have an extreme sense of self-importance and believe that the world revolves around them. They are often not as sly as the Manipulative Marys of the world, but instead, tend to be a bit overt about getting their needs met. You often want to say to them "It isn't always about you."

  • Why they are toxic: They are solely focused on their needs, leaving your needs in the dust. You are left disappointed and unfulfilled. Further, they zap your energy by getting you to focus so much on them, that you have nothing left for yourself.

3. Debbie Downers: These people can't appreciate the positive in life. If you tell them that it is a beautiful day, they will tell you about the impending dreary forecast. If you tell them you aced a mid-term, they'll tell you about how difficult the final is going to be.

  • Why they are toxic: They take the joy out of everything. Your rosy outlook on life continues to get squashed with negativity. Before you know it, their negativity consumes you and you start looking at things with gray colored glasses yourself.

4. Judgmental Jims: When you see things as cute and quirky, they see things as strange and unattractive. If you find people's unique perspectives refreshing, they find them 'wrong'. If you like someone's eclectic taste, they find it 'disturbing' or 'bad'.

  • Why they are toxic: Judgmental people are much like Debbie Downers. In a world where freedom rings, judgment is sooo over. If the world was a homogeneous place, life would be pretty boring. Spending a lot of time with these types can inadvertently convert you into a judgmental person as well.

5. Dream Killing Keiths: Every time you have an idea, these people tell you why you can't do it. As you achieve, they try to pull you down. As you dream, they are the first to tell you it is impossible.

  • Why they are toxic: These people are stuck in what is instead of what could be. Further, these individuals eat away at your self-esteem and your belief in yourself. Progress and change can only occur from doing new things and innovating, dreaming the impossible and reaching for the stars.

6. Insincere Illissas: You never quite feel that these people are being sincere. You tell a funny story, they give you a polite laugh. You feel depressed and sad and they give you a 'there, there' type response. You tell them you are excited about something and you get a very ho-hum response.

  • Why they are toxic: People who aren't sincere or genuine build relationships on superficial criteria. This breeds shallow, meaningless relationships. When you are really in need of a friend, they won't be there. When you really need constructive criticism, they would rather tell you that you are great the way you are. When you need support, they would rather see you fail or make a fool of yourself.

7. Disrespectful Dannys: These people will say or do things at the most inappropriate times and in the most inappropriate ways. In essence, they are more subtle, grown up bullies. Maybe this person is a friend who you confided in and uses your secret against you. Maybe it is a family member who puts their busy-body nose into your affairs when it is none of their business. Or maybe, it is a colleague who says demeaning things to you.

  • Why they are toxic: These people have no sense of boundaries and don't respect your feelings or, for that matter, your privacy. These people will cause you to feel frustrated and disrespected.

8. Never Enough Nellies: You can never give enough to these people to make them happy. They take you for granted and have unrealistic expectations of you. They find ways to continually fault you and never take responsibility for anything themselves.

  • Why they are toxic: You will spend so much time trying to please them, that you will end up losing yourself in the process. They will require all of your time and energy, leaving you worn out and your own needs sacrificed.

All of these personalities have several things in common. 1) the more these people get away with their behavior, the more they will continue. 2) Unfortunately, most of these people don't see that what they do is wrong and as a result, talking to them about it will fall on deaf ears, leaving you wondering if you are the crazy one. 3) Most of these people get worse with age, making their impact on you stronger with time.

Frankly, life is too short to spend your time dealing with toxicity. If you can, avoid spending mucho time with people who are indicative of these behaviors and you'll feel a lot happier. Have you encountered these personalities? What have you done? Any personalities you would add?

Alien Tort Claims Act and Human Rights Litigation

The U.S. Can't Be the World's Court

New York isn't the right venue to sue for apartheid abuses.

A federal judge in New York recently allowed a lawsuit to proceed against General Motors, Ford and IBM for aiding and abetting crimes against humanity committed by the apartheid government in South Africa. And a lawsuit against Royal Dutch Shell for alleged human-rights abuses in Nigeria is scheduled to begin today in Manhattan. We may be on the verge of a new wave of legal actions against U.S. and foreign corporations in American courts.

The U.S. government can and should be a strong voice for redress of human-rights abuses around the world. But these lawsuits, which are being brought under the 200-year-old Alien Tort Statute, are likely to cause friction between foreign governments and the Obama administration. Congress should step in and clarify the types of human-rights cases that may be heard.

The Alien Tort Statute was part of the first Judiciary Act of 1789, and it gives federal courts jurisdiction to hear suits brought by non-U.S. nationals for offenses "committed in violation of the law of nations or a treaty of the United States." It was intended to promote diplomacy and international commerce by allowing foreigners to bring suit in federal courts for offenses not recognized by state law in the 18th century.

The statute was virtually unused until 1980, when the Second Circuit permitted a suit by two Paraguayans against a former Paraguayan government official for the torture and murder of a family member in Paraguay. That landmark decision opened the door for international human-rights litigation, and the number of suits under the Alien Tort Statute has grown substantially in the last three decades.

In the 1980s, most of the cases involved suits by foreign nationals against officials of their own government for conduct that occurred in a foreign nation. By the 1990s, however, the focus had shifted, with plaintiffs bringing more suits against U.S. and foreign corporations -- not for direct abuses but primarily for aiding and abetting human-rights abuses by foreign governments.

In recent years, the majority of suits under the statute have been brought against petroleum companies and miners operating in countries with poor human-rights records. These include ExxonMobil in Indonesia, Unocal in Burma, Talisman Energy in Sudan, and Rio Tinto in Papua New Guinea.

In 2004, the Supreme Court attempted to narrow the types of cases that may be brought under the Alien Tort Statute. In Sosa v. Alvarez-Machain, Justice David Souter wrote that the law allows federal courts to hear a "modest" class of suits alleging violations of the traditional law of nations -- this would include assaults against ambassadors, violations of safe conduct, and piracy -- or other offenses "on a norm of international character accepted by the civilized world" and defined with a similar "specificity." But the ruling admonished lower courts that recognition of new causes of action based on violations of international law norms "should be undertaken, if at all, with great caution." In Justice Souter's words, the door for further litigation was "still ajar subject to vigilant doorkeeping" by the federal courts.

Nevertheless, plaintiffs have continued to urge federal courts to recognize new causes of action. In recent years, for example, Caterpillar Inc. was sued for selling bulldozers to Israel that were eventually used to demolish Palestinian homes. Dow Chemical Co. was sued for manufacturing the Agent Orange defoliant used during the Vietnam War. And Yahoo Inc. has been sued for sharing user information with the Chinese government, which resulted in the arrest of Chinese dissidents.

In the future, human-rights and environmental groups who have been unable to secure greater protections in free-trade agreements are likely to expand their litigation targets to new industries such as offshore textile manufacturers for denial of labor rights and environmental damage.

Litigation under the Alien Tort Statute may force companies to modify their international activities in some cases, although it rarely produces monetary awards for plaintiffs. But it does give rise to diplomatic friction in U.S. relations with foreign governments. Governments often object to their officials and corporations being subject to U.S. jurisdiction for activities taking place in their countries and having nothing to do with the U.S.

The South African government, for example, has asked that the apartheid case against GM, Ford and IBM be dismissed. It argues that the suit punishes global investment in their country and interferes with South Africa's own resolution of the legacy of apartheid. The State Department in 2003 opposed the apartheid suit, citing "serious adverse consequences" for U.S. interests and relations with South Africa. And the Supreme Court said a year later in Sosa that "serious weight" should be given to the executive's assessment of a case's foreign-policy impact. The federal court of the Southern District of New York let the case go ahead anyway.

Suits under the Alien Tort Statute are arguably inconsistent with international legal rules governing extraterritorial jurisdiction. For all their complaints about U.S. attitudes toward international law, foreign governments and international lawyers do not see this litigation as constructive engagement. Instead, they consider the U.S. a rogue actor that has unilaterally established an international civil court with universal jurisdiction.

Human-rights and labor groups are likely to press the Obama administration to support litigation under the Alien Tort Statute and even to reverse the Bush administration's opposition to the apartheid case. Mr. Obama is right to place greater emphasis on the U.S. commitment to international human rights, and the State Department should be at the forefront of these efforts. Rather than continue to leave it solely to the federal judiciary to determine what violations of international law may be heard in U.S. courts, the Obama administration should ask Congress to revise the Alien Tort Statute to provide greater specificity regarding what actions it covers.

Human rights should be promoted in most cases through direct diplomatic engagement and corporate responsibility, not through litigation that causes diplomatic friction and that may be inconsistent with international law.

Mr. Bellinger, an attorney in Washington, was legal adviser for the U.S. Department of State from April 2005 to January 2009.

North Korea Beats the Grass, Startles Snakes


N. Korea threatens to attack US, S. Korea warships

SEOUL, South Korea – North Korea threatened military action Wednesday against U.S. and South Korean warships plying the waters near the Koreas' disputed maritime border, raising the specter of a naval clash just days after the regime's underground nuclear test.

Pyongyang, reacting angrily to Seoul's decision to join an international program to intercept ships suspected of aiding nuclear proliferation, called the move tantamount to a declaration of war.

"Now that the South Korean puppets were so ridiculous as to join in the said racket and dare declare a war against compatriots," North Korea is "compelled to take a decisive measure," the Committee for the Peaceful Reunification of Korea said in a statement carried by state media.

The North Korean army called it a violation of the armistice the two Koreas signed in 1953 to end their three-year war, and said it would no longer honor the treaty.

South Korea's military said Wednesday it was prepared to "respond sternly" to any North Korean provocation.

North Korea's latest belligerence comes as the U.N. Security Council debates how to punish the regime for testing a nuclear bomb Monday in what President Barack Obama called a "blatant violation" of international law.