The Wall Street Journal - 06.03.2020

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A14| Friday, March 6, 2020 THE WALL STREET JOURNAL.


Independent Private Medicine Is a Vital Plus


Your editorial “Private Medicine to
the Rescue” (March 2) is a reminder
that Americans turn to government
when their health or physical security
is at risk, but government generally
turns to private actors to buttress its
response to a crisis. A core U.S.
strength is the breadth of its private
medical resources. The Food and Drug
Administration as well as the Centers
for Disease Control and Prevention
are tapping into America’s core
strength to help test for the coronavi-
rus and to develop a vaccine and ther-
apeutics. The rest of the world piggy-
backs on medical developments in the
U.S., typically at bargain prices.
The desire to put all of America’s
health-system eggs in one Medicare-
for-All basket is hard to fathom. Is
there evidence in favor of a govern-
ment-run monopoly that delivers bet-
ter, more innovative and more cost-ef-
fective solutions in medical treatment
or care or anything else? The eco-
nomic rationale for Medicare for All is
to eliminate profit leakage in the pri-
vate sector that makes medical care
and insurance expensive.
The U.S. military won World War II,
but it was the engine of U.S. industrial
production that made the successful
government response possible. The
left’s current shove for state expan-
sion and private-sector shrinkage or
elimination in the health sector and
other sectors will dampen incentives
for individual initiative, creativity,
risk-taking and investment. Think of it
as a sort of a zombie apocalypse in
which complacent state actors face no
competitive pressure and live by suck-
ing blood out of a dwindling number
of private actors. The coronavirus is
likely to be less of a threat to our
long-term health.
BENPOWELL
Chesapeake, Va.

I disagree with your editorial state-
ment that “the Bernie Sanders cam-

paign is saying the virus shows how
Medicare for All would better serve
the country. The opposite is true.”
The truth is that with universal
health care, there is no financial bar-
rier to seeking care, thus helping to
stop a pandemic sooner.
You then say: “By putting govern-
ment in charge of every health care
decision, Medicare for All would
eliminate the adaptability of private
innovation.” But Medicare for All is
simply a single-payer system. There
is no change at the provider end of
the system. Government will still
fund much medical research. Private
providers will bill a single payer, not
myriad for-profit insurance compa-
nies. Of course, the final model of a
new system will be the result of
much discussion and negotiation, but
the result must ensure high-quality
care for everyone, not only those
who can afford it.
DONALDWOLOCHOW,M.D.
San Diego

The scope and depth of academic
and private medical resources in the
U.S. is indeed a great advantage in
responding to unanticipated public-
health developments. In the toxic po-
litical environment in the U.S. every
coronavirus diagnosis is seized for
political advantage and partisan jour-
nalistic exploitation. One new case in
the U.S. is taken as proof that Ameri-
can medicine or the current adminis-
tration is guilty of incompetence or
worse. But no one suggests that the
vast growth in cases around the
world is evidence of any gaps in
other medical systems. We should
praise, protect and preserve the pri-
vate health care that can still come to
the rescue.
RICHARDE.RALSTON
Executive Director
Americans for Free Choice
in Medicine
Newport Beach, Calif.

LETTERS TO THE EDITOR


Letters intended for publication should
be addressed to: The Editor, 1211 Avenue
of the Americas, New York, NY 10036,
or emailed to [email protected]. Please
include your city and state. All letters
are subject to editing, and unpublished
letters can be neither acknowledged nor
returned.
“I’m having second thoughts
about home schooling.”

THE WALL STREET JOURNAL

Mexico Isn’t Heading Toward One-Man Rule


As recently as 2018, some pun-
dits in the international media said
that if President Andrés Manuel
López Obrador (AMLO) were
elected, Mexico would descend into
chaos. However, 15 months into
AMLO’s presidency, foreign direct
investment has increased by 4.2%
and the country reported a pri-
mary budget surplus of 1.1%. Fur-
ther, the minimum wage was dou-
bled on the northern border and
increased by 36% everywhere else,
with an annual inflation rate under
3%. The tale of the irresponsible
populist was proved wrong. Now,
some international commentators
are questioning AMLO’s democratic
credentials.
Take “Mexico Slides Toward One-
Man Rule” (Americas, Feb. 24) by
Mary Anastasia O’Grady, in which
she claims that Mexico is sliding to-
ward one-man rule. Why? Not be-
cause Mexico’s free and fair elec-
tions are threatened nor because its
citizens are being disenfranchised.

No: Mexico is “sliding toward one-
man rule” because it organized a
government lottery, with the pro-
ceeds to go to the nation’s hospi-
tals, and invited the private sector
to participate.
The author then claims “misuse”
of our Financial Intelligence Unit
(FIU). The evidence does not bear
her out: After analyzing five cases,
the Supreme Court ruled that freez-
ing assets is indeed constitutional.
As the chief of the unit, Santiago
Nieto, told Ms. O’Grady, he is not
prohibited from speaking about in-
vestigations.
President López Obrador won a
landslide victory in Mexico’s last
presidential election, a free and fair
exercise that was itself a victory for
democracy. He promised to deal a
major blow to the established politi-
cal system and he has kept his
promise. Mexico is not “sliding to-
ward one-man rule.” On the con-
trary, for the first time in modern
history, AMLO is heading a govern-
ment of the people, by the people
and for the people. The transforma-
tion mandated by Mexico’s citizens
will go on.
ROBERTOVELASCOÁLVAREZ
Director-General of Public Affairs
Mexican Ministry of Foreign Affairs
Mexico City

Pepper ...
And Salt

Democrats Apply a Double
Standard to Gag Employers
Concerning your editorial “Cali-
fornia’s Janus Jiu Jitsu” (Feb. 25):
Apparently the same Democratic
politicians who decry the Trump ad-
ministration’s family planning “gag
rule” on medical providers, prohib-
iting abortion support as a birth-
control method, were perfectly con-
tent to legally gag a public
employer who might discourage an
employee from union membership
or from paying union dues as the
law allows.
Coercion is coercion no matter
how you slice it, and respecting the
First Amendment benefits everyone.
DAVIDNEWFIELD
Studio City, Calif.

GDP Growth, Per Capita
Growth and Immigration
Regarding James K. Glassman’s
“Where’s That 3% Growth?” (op-ed,
Feb. 27): The usual plutocratic focus
on total GDP ignores the fact that per
capita GDP is a better, though hardly
perfect, measure of the economic
quality of life for most citizens.
Where does this myth that Presi-
dent Trump’s immigration policies
have been “restrictive” come from?
The Trump administration is still ad-
mitting about one million persons a
year. That is greatly in conflict with
what has been recommended for de-
cades. In 1972 the Rockefeller Com-
mission recommended immigration
not exceed 400,00 a year. In 1994
Sen. Harry Reid drafted unsuccessful
legislation to get it cut to 325,000.
In 1995 Rep. Barbara Jordan’s U.S.
Commission on Immigration Reform
recommended not more than
550,000 a year. In 1996 President Bill
Clinton’s Council on Sustainable De-
velopment recommended we move
toward U.S. population stabiliza-
tion—that would require immigra-
tion levels of less than 300,000 a
year. Many environment-focused
NGOs have long supported the same.
The reputable Harvard-Harris polling
organization found in 2018 that 72%
of voters wanted less than one mil-
lion a year, and 54% less than
500,000 a year.
A continuously growing human
population is tremendously environ-
mentally destructive.
EM.PROF.STUARTH.HURLBERT
San Diego State University
Del Mar, Calif.

Big Labor’s Big Crooks


A


nother day, another United Auto Work-
ers official charged with stealing from
his union. On Thursday federal prosecu-
tors accused former UAW pres-
ident Gary Jones of participat-
ing in a conspiracy to embezzle
more than $1 million in dues
money, among other alleged
crimes. The details would
make Jimmy Hoffa blush.
The feds say that for years Mr. Jones and
“other senior UAW officials” filed fraudulent ex-
pense reports seeking union reimbursement for
“leadership and training conferences.” But in-
stead of legitimate union purposes, hundreds
of thousands of dollars went to “lavish enter-
tainment and personal spending for the con-
spirators,” prosecutors claim. Mr. Jones alleg-
edly spent $13,000 on cigars, and the feds say
union money also paid for golf outings, high-
end booze, spaservices, amusement-park tick-
ets, luxury condominiums and villas, and meals
at pricey restaurants. Mr. Jones declined to
comment through his lawyer.
The feds have spent years investigating cor-
ruption at the UAW, which represents some
400,000 active members from more than 600
locals nationwide. Mr. Jones is the highest-
ranking former official charged to date, but 13
others have pleaded guilty in connection with
the probe, including two former UAW vice pres-
idents and other senior officials.
The UAW scandal is the latest, but such cor-
rupt labor practices are widespread. The Labor
Department audits unions, and in 2016 nearly
one in five such inspections led to a criminal
case. Imagine if 20% of all investigations of
business ended up with a criminal charge. Dem-
ocrats would be going wild with hearings about
the moral crisis of capitalism.


Since Jan. 1, 2019, at least 60 labor officials
and staffers have been convicted or pleaded
guilty for union-related crimes, according to
Department of Labor data.
With few exceptions, their vic-
tims were hard-working, dues-
paying union members.
Last month a jury found
John Romero guilty of stealing
nearly $800,000 from the
health plan fund of the United Industrial Ser-
vices Workers of America, where he was presi-
dent. Union money helped pay off the loan on
a Ford Mustang Shelby GT500 for Mr. Romero’s
son, among other items.
Audonus Duplessis, the former president of
the union representing employees of the Smith-
sonian Institution and the Kennedy Center,
pleaded guilty last fall to using union cash to
pay for an online dating service, a Smith & Wes-
son handgun, and Armani clothes.
Keith Ludlum, also a former union president,
pleaded guilty in January to embezzling more
than $200,000 from United Food and Commer-
cial Workers International Union Local 1208.
Prosecutors said some of the money went to-
ward trips to SeaWorld, a resort in the Domini-
can Republic and a shopping spree at Michael
Kors. The list goes on.
Keep this shameful record in mind when
Bernie Sanders and Joe Biden say they want
Congress to repeal right-to-work laws in 27
states. They claim they want to protect work-
ers. But both candidates would lock workers
into union membership, and coerced dues pay-
ments, even when their labor bosses are crooks
and thieves. Workers should have the ability
to look after their own interests and opt out of
paying dues, since union leaders are too often
in it for themselves.

A former UAW boss is


charged with stealing $


million in worker dues.


Free Speech for Lawyers


T


he Supreme Court on Friday will enter-
tain a petition to extend the logic of its
2018 Janusdecision that struck down
compulsory public union fees
to state bar associations. This
subject is ripe for High Court
review, but Justices should
wait for a stronger case that is
coming soon.
Attorney Arnold Fleck is
challenging North Dakota’s mandate that lawyers
join and pay dues to the state bar association.
Thirty-two or so states have similar laws, and sev-
eral are now being litigated. Some conservatives
are urging the Court to hear theFleckcase, but it
is not an ideal vehicle for extendingJanus.
Mr. Fleck filed his lawsuit in 2015, so his argu-
ments draw more on the Court’s pre-Janusdeci-
sions that didn’t directly address whether states
could compel non-union workers to subsidize
union advocacy. Importantly,Janusheld that
government union positions in collective bar-
gaining are inherently political because they im-
plicate matters of public interest.
The same logic applies to bar association
dues that support regulation of the legal profes-
sion. States can mandate bar-association mem-
bership because the Court inLathrop(1961) mis-
takenly reasoned that First Amendment
association rights were not at stake because at-
torneys do not have to attend meetings or vote
in elections.
InKeller(1990), the Court applied the Court’s
faultyAboodreasoning—whichJanusover-
turned—by declaring that attorneys may not be
compelled to subsidize a bar association’s politi-
cal lobbying but can still be forced to support its
legal activities. Bar associations commonly use
attorney dues to take positions on issues such
as tort and judicial campaign reform.
Mr. Fleck quibbles that North Dakota’s bar
does not “affirmatively” require attorney con-
sent to subsidize its political lobbying. According
to his petition for the Court to hear the case, the


bar association directs attorneys to pay $380 and
“in small print” at the bottom of a form says they
“may deduct $1.45” if they don’t wish to support
its political advocacy.
Attorneys, he says, should
instead be charged $378.
and have to add the $1.45 if
they wish to support the bar’s
politics. But he’s missing
Janus’s fundamental point.
Even bar legal advocacy implicates matters of
public concern and therefore impinges on attor-
ney speech rights. Mr. Fleck shouldn’t be com-
pelled to join the bar or pay it a penny.
A more straightforward challenge to manda-
tory bar fees is percolating in the Seventh Circuit
Court of Appeals, where Wisconsin attorneys
Adam Jarchow and Michael Dean are seeking to
overturn the Court’sKellerandLathropprece-
dents inJarchow v. State Bar of Wisconsin.
The two have compiled a long list of political
expenses that have been funded by attorney bar
dues including advocacy for juvenile justice re-
form, abortion coverage for exchange health
plans, restoring felon voting rights and public
financing of state Supreme Court campaigns.
The Wisconsin bar has also opposed unemploy-
ment insurance fraud reforms, the death penalty
and some state immigration laws.
States can regulate the legal profession with-
out infringing on attorney First Amendment
rights, they argue, and 18 states have done so.
The Wisconsin case would provide a clean vehi-
cle for the Supreme Court to address the consti-
tutionality of bar-association dues without get-
ting tripped up byFleck’s arcane argument over
dues waivers.
It’s important that the Court applies its con-
stitutional reasoning inJanusto all circum-
stances in which governments compel individu-
als to join organizations and support political
speech. The Court would do better to hold off on
Fleckfor now and wait for the stronger factual
and legal evidence from Wisconsin.

The Supreme Court may


soon hear challenges to


bar-association dues.


Bloomberg’s Contribution


M


ichael Bloomberg is being widely
mocked for spending more than $
million to run for President and win-
ning...American Samoa. We
think he deserves credit for
trying when he could have sat
on the sidelines and carped
about how the Democrats
were blowing their opportu-
nity to defeat Donald Trump
with a socialist nominee.
The former New York mayor’s chances were
always low given the leftward march of the
Democratic Party, as Mr. Bloomberg himself of-
ten noted before he chose to run. He’s a billion-
aire capitalist in a party that is increasingly de-
tached from the private economy. He was a
crime-fighting mayor in a party that thinks fo-
cusing police resources on high-crime neigh-
borhoods is racist. He admitted he had made
sexist remarks in the past, and Elizabeth War-
ren used them to declare him politically unac-
ceptable by today’s standards.
In the end his past sins against identity poli-
tics were too much to overcome no matter how
much he apologized. Joe Biden could survive a
similar onslaught because he was better known
and had been Barack Obama’s Vice President.
Mr. Bloomberg had no such political insulation
beyond his ad spending, and that couldn’t pro-
tect him in debates.
Mr. Bloomberg nonetheless chose to enter the
fray, and his strategy might have worked if Mr.
Biden hadn’t staged a miraculous recovery.


Someone had to take on Bernie Sanders when the
others would not. Mr. Bloomberg showed it was
possible to do it, and though the former mayor
didn’t succeed, Mr. Biden has
picked up some of Mr.
Bloomberg’s theme of practical
progressivism and getting
things done as opposed to pro-
moting a revolution.
The billionaire’s biggest
contribution may be in exposing in spectacular
fashion the myth that money can buy the Presi-
dency. No candidate ever spent more money
more quickly, and he was able to make himself
a contender. But the money and ads were no
substitute for a message that better motivated
followers and resonated with voters.
He and Tom Steyer, the other billionaire can-
didate, have done more to show the folly and
hypocrisy of campaign-finance regulation than
anything we could ever write. They are walking
refutations of entire journalistic careers de-
voted to the Koch brothers. The lesson may con-
tinue if Mr. Bloomberg now deploys his billions
toward an independent expenditure campaign
to support Mr. Biden and defeat Mr. Trump. His
Bloomberg News operation is already some-
thing of a de facto campaign contribution for
Democrats.
All of which is fine with us. That’s democ-
racy. You pays your money and you takes your
chances, as they say. And as Donald Trump likes
to tweet about his failed competitors, running
for President is harder than it looks.

His candidacy offers


some valuable lessons


in presidential politics.


REVIEW & OUTLOOK


OPINION

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