“We have to pass the bill so that you find out what is in it, away from the fog of the controversy.”

Nancy Pelosi was the House Speaker when she made those remarks about Obamacare at the 2010 Legislative Conference for the National Association of Counties. At the time, Pelosi was mocked for not understanding what was in the legislation she was supporting. But the reality is that with all legislation that is considered by Congress, we almost never really know what is in it until it has been passed.

If you took civics class in high school (or just watched Schoolhouse Rock), you likely know how a bill becomes a law. But what most people don’t understand is the process by which a law becomes policy.

We often think that the judiciary is the branch of government responsible for interpreting the law. But in reality most interpretation is done by the executive branch, through the various regulatory agencies. Regulatory agencies handle administrative law, primarily by codifying and enforcing rules and regulations. When Congress passes a new law it usually goes to a regulatory agency to determine how the law will be put in place.
Read more on You Don’t Just Elect a President, You Elect a Regulatory Regime…

One of the justifications for the HHS mandates (amended now to require insurance companies to provide contraceptives free of charge) has been purely economic. The idea is that the use of contraceptives saves insurance companies (and by extension the rest of us) money, as it is less expensive to pay for condoms or birth control pills than to pay for a pregnancy and birth.

Of course the calculus to come up with such a conclusion is flawed in myriad ways. But even if we were to assume the veracity of the contention, many questions immediately arise. For instance, why wouldn’t insurance companies voluntarily offer birth control coverage gratis if it would lower their costs? Aren’t these the same profit-maximizing institutions that politicians have been demonizing for years? Aren’t the insurers the professionals, whose business it is to know what ways are available for minimizing exposure? The very fact that up to this point insurance companies have not added free birth control as a preventive care measure is powerful evidence against the economic argument in favor of contraception.
Read more on The Economics of Contraception…

Among the warnings sounded as the Democratic health care reform bill was being debated was that the federal insurance mandate included in the bill—even though not national health care per se—would essentially give the federal government control of the insurance industry. The reason: If everyone is forced to buy insurance, then the government must deem what sort of insurance qualifies as adequate to meet the mandate. This piece of Obamacare promises to turn every medical procedure into a major political fight, with special interest lobbying rather than objective medical expertise being more likely to determine what kind of health care gets covered and what kind doesn’t.

Read more on Mandating Monolithic Medicine…

I still haven’t quite gotten to a thorough fisking of “Exhibit B,” yet, and will have to be satisfied with arguing the following thesis in the meantime:

It is impossible to increase insurance coverage in America without increasing medical spending.

Read more on Impossible Promises on Health Care…

Our latest health care video short is up: “Why Consumer-Driven Healthcare Beats Socialized Healthcare.” And John Hinderaker of Powerline has an incisive analysis of the president’s speech last night to a joint session of Congress. The passage that stood out to me was this one about competition:

Read more on President Obama Praises/Opposes Health Insurance Competition…

Today Dr. Donald Condit looks at a new federal proposal called the Patients’ Choice Act, which promises more freedom in choosing health care insurance. “The PCA will enhance patient and family ability to afford health care insurance and incentivize healthier lifestyles,” Condit writes. “In addition, it would surpass other options in fulfilling our social responsibility to the poor and vulnerable.”

Read more on Acton Commentary: “Patients’ Choice Act — A Better Prescription”…

I haven’t started Marvin Olasky’s new book yet, but here’s a bit from the abstract of a new NBER paper, “Rules Rather Than Discretion: Lessons from Hurricane Katrina,” by Howard Kunreuther and Mark Pauly. Speaking of property owners who suffer severe damage and don’t have the resources to rebuild:

Read more on Ex Ante vs. Ex Post Government Action…