Category Archives: regulation

“The trade in babies and women’s bodies is an affront to freedom.”

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That Wall Street Journal subheadline is about surrogate motherhood and whether it ought be allowed to exist. Lois McLatchie Miller’s lede and next two paragraphs consist of this:

A New York ballroom filled with men discussing how to procure women’s bodies to produce babies, then discharge the mother from her role.
It sounds dystopian, but the September gathering was the latest conference of Men Having Babies, a group that helps gay couples—and single men, and even groups of three that call themselves “throuples”—form families through surrogacy. Online, they post photos of smiling male couples holding infants still slick from their mothers’ birth canals, celebrating a triumph of “modern family building.”
Those newborns know nothing of politics or reproductive technology. They know only the voice and scent of the woman who carried them for nine months—and whom they will never know again.

That truly is terrible, but it’s far from the norm. Surrogacy is broadly employed to provide healthy babies to families unable to have any of their own.

Alternatively, adopt a baby? Certainly. But the adoption, while also broadly beneficial to both the baby and the new parents, doesn’t get the parents a baby of their own blood, their own genetics. Surrogacy opens a path to that, wherein the father’s sperm is combined with the mother’s egg and the result implanted in the surrogate mother. Or a mother’s egg is combined with a sperm bank donor’s sperm and the result either implanted in the mother, or for her health reasons, implanted in a surrogate mother. Or the same with a donor’s egg and the father’s sperm.

The surrogate mother, then, in those cases carries the baby to term and then turns it over to the baby’s parents. That can be wrenching for the surrogate mother, but it isn’t always, and it does allow the surrogate mother to participate in the formation of a loving family. Even in the wrenching, the surrogacy contract takes care of the surrogate mother’s post-delivery needs.

Miller is a Senior Communications Officer at Alliance Defending Freedom International, so she should know better.

What’s necessary is not banning surrogate motherhood, nor even heavy regulation of it. What’s necessary are strong regulation, with heavy sanctions for misbehaviors and civil sanctions for egregious mistakes, of the outcomes. Along with that is the necessity of producing quality information that will allow childless families and prospective surrogate mothers to identify reliable and effective facilities—and each other—so as to allow both sides of the surrogacy to have satisfactory, rewarding outcomes.

Banning surrogacy altogether is what would be truly an affront to freedom. It would be an affront—a denial—of the freedom of families and individuals to decide for themselves how they will approach a family problem.

The Problem with Obamacare Subsidies

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Tony LoSasso, DePaul University Professor of Economics, and Kosali Simon, Indiana University Distinguished Professor of Economics, think the problem with Obamacare subsidies is their structure and not their size, and they want a shift to a Centrally Planned scheme akin to the government-approved form of competition that is the Federal Employees Health Benefits Program, wherein Government decides (still) what is a suitable subsidy and peg[s it] to a lower-cost, benchmark plan. Under this, the coverage who selects a higher-cost plan must pay the cost increment himself. That this is all too similar to Obamacare and its Bronze plan subsidization, with consumers choosing pricier options paying the difference isn’t particularly relevant here.

LoSasso and Simon are missing the beam in one eye for the mote in the other. The problem with Obamacare subsidies isn’t their size, nor is it to whom they should be sent, as some on the right are starting to propose.

The problem with Obamacare subsidies is their existence. This broad government coverage scheme of Obamacare, advertised—still!—as the Affordable Care Act, is not, never has been, and never was intended to be affordable. The Act was intended from the outset to nationalize our nation’s health care coverage industry.

The only real solution, the only one with long-term durability, is to move our health care coverage industry back to its actual health insurance roots, and then to go a few steps further. Make insurance plans entirely salable across State boundaries. What began that century or more ago in a nascent health provision and health insurance process as wholly local and completely intrastate has long since grown to nation-wide production and market facilities, and that’s readily regulable under our Constitution’s Commerce Clause. Make health insurance policies available in one State available to prospective insurees in all States. That alone will let policy costs to the insuree (premiums, co-pays/out-of-pocket caps, deductibles) go down since the insurer will have only one set of rules with which to comply rather than 51 (the States plus the Feds).

In addition, it’s necessary to take the shackles off what insurers (not government coverage purveyors) are allowed to sell and what customers, insurees, are allowed to buy. These salable policies would range, under true, unfettered by Government, competition, from the full-up policies of pre-Obamacare that covered a broad range of ails and potential ails to policies that would cover only specific or closely related ails and potential ails to everything in between, including the sale and purchase of customer-selected bundles of policies covering specific closely related ails and potential ails.

A freely competitive market with far more limited government involvement is what will drive health insurance costs down and policy quality up. And that will have an important sequela: doctor availability, even for those on the bottom economic rungs, will go up.

All of that will take taxpayers out of the business of paying for coverages that don’t apply to them, especially including those taxpayers who otherwise would eschew health insurance altogether.

Two Short Steps

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The IRS has moved to cancel its “experimental” Direct File program. This is the Progressive-Democratic Party’s…exceedingly pleasurable fantasy…of the IRS online platform that lets filers prepare their taxes for free and submit them through the state.

Aside from the program’s cost ($138 per tax return, which is more than many tax software sellers charge) the editors of The Wall Street Journal noted,

The bigger problem with the program is its threat to the norm of taxpayer autonomy. The push to cut out the tax “middle man,” meaning private services, would have resulted in millions of filers letting the IRS make both the first and final determination of their tax liability and connect to their checking accounts.

Notice that: the IRS gets to connect to our private checking accounts. With Direct File, that’s a deeper connection than simply allowing the IRS to direct deposit a refund. With Direct File, the IRS has been able to extract the tax due from a tax payer’s bank account.

With the cancelation of Direct File, us tax payers, us average Americans, avoided a two-step sequence of events. The first step would have been making Direct File no longer a trial being tested in 24 of our nation’s States, but instead rolling it out nation-wide.

The second step would have been mandating Direct File for all of us.

It wouldn’t have stopped there, though. It wouldn’t be even a short step, more like a small shuffle, after that to alter Direct File to have employers “Direct File” all employees’ pay checks to the IRS instead of sending them to the employees. With that, the IRS would extract the taxes it deemed appropriate and remit to the putative employee the remainder—the amount the IRS would deem appropriate for each tax payer to have.

We dodged a terrible pas-de-deux—that dance for the two performers of tax payer and Government—for the time being, but the Progressive-Democratic Party will return to power eventually, and dangerously sooner than us average Americans want.

It’s Really Pretty Straightforward

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The House Select Committee on China has laid out the breadth and complexity of the People’s Republic of China’s cornering of the rare earth production, refining, and manufacturing markets. The report allegedly

provides a roadmap on how the US can stop—or at least slow—the effort by its biggest global economic competitor to prevent the US from breaking into the market.

A road map? It’s really quite straightforward, if politically difficult.

The US has vast supplies of rare earths within our own borders. Canada, who would be better for us (and themselves) as a trading partner than as a State, has similarly vast supplies. We’ve just concluded a trade deal with Australia to export rare earth to us from its vast supplies. African nations have similarly vast supplies, although doing deals there would have more value in denying those earths to the PRC than in getting exports to us, vast as that value would be.

What’s needed, and this is the straightforward but politically difficult part—though the difficulty lies in timid politicians not those determined to do what’s best for our nation—is getting regulations, environmentistas, and climatistas out of the way of each of the mining, processing, and manufacturing phases of getting to the products of rare earths: primarily, but not exclusively, magnets and chips.

The report recommends a variety of market-manipulating measures, and those might be near-term effective, but the problems with government market interventions center on two things: the “government” part, and government interventions are open-ended; they don’t die. The best way for our government to manipulate our economy, our market, is to get out and stay out of the way.

And there’s be nothing at all that the PRC could do to stop us from doing any of that.

An Iron Curtain Descends on Seattle

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Seattle’s newly elected mayor, Socialist Katie Wilson, has announced that she

will not allow private grocery stores to close….

She also wants city government-run grocery stores to operate. Shades of the Soviet Union’s Iron Curtain that was erected—physically on the boundary between then-East and West Berlin and functionally in its travel document issuance and withholding—to keep people from leaving that communist paradise. Not being allowed to close a store is the same as saying to the store’s operator that “you’re not allowed to leave.”

Those government stores also are reminiscent of the USSR’s government establishments and its nominally independent icon of Soviet socialism, GUM, best known for its ubiquitous presence around the nation and its equally ubiquitous empty shelves, except for those with access exclusively for the Soviet elite.

It’s likely that Federal courts (and it will likely end up in front of the Supreme Court) will not allow any bar to a private entity deciding to close an outlet or to cease operation altogether. However, the uncertainty that will occur and build over the years until that final judgment will wreak havoc on Seattle’s economy and its unemployment rate.

Seattle voters have done this to themselves. They’re the ones who elected the woman. They’re welcome to their enforced stay in the meantime.