I Am Proud to Be a Chicagoan

Natural Resources Defense Council

I Am Proud to Be a Chicagoan  

By Henry Henderson      May 7, 2017

In this moment where the Trump administration seems adamant about abdicating their responsibilities to protect the nation and the world against the ravages of climate change, state and local action has become all the more essential.

And in this moment, I am proud to be a Chicagoan.

The city has been a clean energy leader for a long time. From its early development of a Climate Action Plan, through the U.S. Environmental Protection Agency (EPA) Energy Star Partner Award—the first given to a municipal government—for the incredible energy efficiency gains made through the Retrofit Chicago program. I am proud to say Natural Resources Defense Council NRDC has been a partner in Retrofit Chicago’s commercial building initiative for years, helping to transform massive buildings that make up the Loop’s glittering skyline into a carbon crunching tool to take on climate change. And Chicago was one of the first municipal governments to join the City Energy Project—which helped to develop a bevy of key energy efficiency policies to help ensure the Windy City continues to shrink its carbon footprint.

But a new website shows a different facet of Chicago’s leadership: ClimateChangeIsReal.org.

That site ensures that the climate data that the Trump Administration scrubbed from the EPA website remains available to the public and scientists around the world. As a seeming war on science moves forward in Washington, DC, Chicago ensures that decades of essential data can continue to inform the researchers seeking to understand and find solutions to climate change. Coming on the heels of Illinois’ groundbreaking and powerful Future Energy Jobs Act, this region brings a new level of meaning to the “think globally, act locally” mantra.

Henry Henderson is director of the Midwest program at Natural Resources Defense Council.

EcoWatch

EPA Fires Scientists

By Climate Nexus

The U.S. Environmental Protection Agency (EPA) cleaned house on its scientific review board last week, dismissing at least five scientists on its 18-member Board of Scientific Counselors.

The scientists, including professors of natural resource sociology, told multiple outlets they were surprised to receive notices that they would not be asked to renew their tenure on the board, especially after being assured in January that they would retain their positions through the new administration.

A spokesperson for EPA Administrator Scott Pruitt told the New York Times that the agency was considering filling the vacancies with representatives from industry the EPA regulates, in order to include members who “understand the impact of regulations on the regulated community.”

Concerned current board members told the Times that the dismissals could be seen as a “test balloon” for further political moves against science.

Robert Richardson, an ecological economist at Michigan State University and one of those dismissed, said, the cuts “just came out of nowhere.”

“The role that science has played in the agency in the past, this step is a significant step in a different direction,” he said. “Anecdotally, based on what we know about the administrator, I think it will be science that will appear to be friendlier to industry, the fossil fuel industry, the chemical industry, and I think it will be science that marginalizes climate change science.”

Ken Kimmell, president of the Union of Concerned Scientists, said that the dismal of the scientists “is completely part of a multifaceted effort to get science out of the way of a deregulation agenda.”

What seems to be premature removals of members of this Board of Science Counselors when the board has come out in favor of the EPA strengthening its climate science, plus the severe cuts to research and development—you have to see all these things as interconnected.”

For a deeper dive: New York Times, Washington Post, Science, Greenwire, Politico Pro

EcoWatch

Elevated Cancer Rates Linked to Environmental Quality  

By Lorraine Chow

With the Trump administration slashing environmental regulations and House Republicans passing their controversial health care bill last week, this new study might put you on edge. Researchers have found a link between environmental quality and cancer incidence across the U.S.

“Our study is the first we are aware of to address the impact of cumulative environmental exposures on cancer incidence,” said Dr. Jyotsna Jagai of the University of Illinois, who led the research team.

For the study, the researchers cross-referenced the Surveillance, Epidemiology, and End Results (SEER) program’s state cancer profiles with the Environmental Quality Index (EQI) and determined that the average cancer rate in roughly 2,700 counties was about 451 people in every 100,000 between 2006 and 2010.

But in counties with poor environmental quality, the researchers found a 10 percent higher incidence of cancer cases—or an average of 39 more cases per 100,000 people. The higher numbers were seen in both males and females, especially prostate and breast cancer.

The authors noted that prior studies on the environment’s effect on cancer usually focus on specific environmental factors, such as air, water, land quality, sociodemographic environment and built environment.

However, the current study examines how cancer development is dependent on the totality of exposures we face, including social stressors.

“This work helps support the idea that all of the exposures we experience affect our health, and underscores the potential for social and environmental improvements to positively impact health outcomes,” Dr. Jagai said.

“Therefore, we must consider the overall environment that one is exposed to in order to understand the potential risk for cancer development.”

The experts warned that recent legislative proposals could jeopardize research on the links between cancer and the environment. This includes measures attempting to dismantle the U.S. Environmental Protection Agency and efforts to nullify the federal collection of geospatial data, or the Local Zoning Decisions Protection Act of 2017.

“H.R.861, which was introduced on February 3, 2017, to ‘terminate the Environmental Protection agency’—the source of the environmental data used in the study by Jagai [and colleagues]—will have severe repercussions on the scientific community’s ability to produce this type of valuable research,” Scarlett Lin Gomez, PhD, MPH, research scientist from the Cancer Prevention Institute of California, and colleagues wrote in a related editorial.

U.S. Steel Chemical Spill Exceeds Allowable Limit by 584 Times

By Lorraine Chow

A U.S. Steel plant in Portage, Indiana spilled nearly 300 pounds of a cancer-causing chemical into Burns Waterway last month, documents from the Indiana Department of Environmental Management (IDEM) revealed.

The release of hexavalent chromium was 584 times the daily maximum limit allowed under state law, the Times of Northwest Indiana reported, citing the documents. The plant is permitted to release only a maximum of 0.51 pounds daily.

The toxic industrial byproduct was made infamous by the environmental activist and 2000 movie of the same name, “Erin Brockovich. ”

The leak occurred between April 11 and April 12 and forced the closure of several Lake Michigan beaches and Indiana American Water’s intake in Ogden Dunes. Burns Waterway is a tributary that flows into Lake Michigan, a drinking water source for nearby Lake, Porter and LaPorte counties.

Following the spill, U.S. Steel has committed to sampling and monitoring lake water on a weekly basis to ensure it is safe through the swimming season, a U.S. Environmental Protection Agency (EPA) spokesperson said. The discharge was reportedly caused by a pipe failure.

Sam Henderson, a staff attorney for the Hoosier Environmental Council, denounced the spill.

“If U.S. Steel had set up its system responsibly, it wouldn’t have been possible for a single mechanical failure to dump nearly 300 pounds of hexavalent chrome into Lake Michigan,” Henderson told the Times of Northwest Indiana.

“Spills like this show that U.S. Steel isn’t taking that responsibility seriously. Industry needs to step up.”

The chemical spill highlights concerns over the Trump’s administration’s proposed cuts to abolish the Integrated Risk Information System, the EPA office working on hexavalent chromium standards in drinking water. The cuts would also affect funding for scientific reviews of toxic chemicals and decrease the EPA’s enforcement of environmental laws.

Henderson noted that IDEM’s budget “has been slashed to the bone, and we see the consequences of that in accidents like these.” IDEM is Indiana’s agency charged with protecting the state’s environment and human health.

“Now we face the risk that EPA will be severely cut back as well,” Henderson said. “If those cuts go through, nobody will be minding the store. And if nobody’s minding the store, it’s inevitable that spills like this will become more common.”

Cindy Skrukrud, clean water program director for Sierra Club Illinois, added that U.S. Steel’s spill “illustrates the need we have for a robust EPA to prevent and respond to situations like this.”

“We cannot bear cuts to the EPA staff and to its programs that protect the Great Lakes from pollution and cleanup legacy contamination sites. We are all depending on the EPA as we seek answers to the remaining questions about the impacts of the spill on the aquatic life in Burns Waterway,” Skrukrud continued. “As potential penalties are considered, they should include funding for restoration projects in and near the impacted areal.”

U.S. Steel said last month it takes all incidents “very seriously” and are “fully committed to researching and taking corrective actions to prevent a future occurrence.”

The beaches and water intake reopened on April 17 after EPA water samples detected no levels of hexavalent chromium.

However, last month the National Park Service staff said they were concerned about the long-term potential impacts to beach users’ health, wildlife and other park resources.

“Lake currents and waves have the ability to move this hazardous material onto park beaches at a later date,” the park service said in a news release.

Officials said that periodic beach patrols will be looking for evidence of fish kills or other environmental damage.

 

Environmental Defense Fund

5 Life-Saving Environmental Rules Industry Just Ask Trump to Attack  

By Keith Gaby

The Trump administration has already cancelled or sought to undermine 23 rules that protect our health and environment—including limits on toxic waste coal companies dump in rivers and regulations promoting more fuel-efficient cars.

But the administration is hungry for more, so it’s asked companies, trade associations and lobbyists to suggest other rules they’d like the president to roll back.

Part of this wish-list process is being done in public and some, of course, is happening in private meetings. Rules from the U.S. Environmental Protection Agency (EPA), which has a whole “wish list” docket of its own, seem to be a particular target.

Here are five of the most brazen industry wishes submitted so far:

  1. Coal tar: Trade association wants to end health studies.

The Pavement Coatings and Technology Council—a trade association for the paving industry—doesn’t want research into the health dangers of the black top on which your children play foursquare.

It also doesn’t want the government to study the impact of coal tar on “freshwater sediment contamination, indoor air quality, ambient air quality and effects on aquatic species.”

  1. Leaky oil and gas drill sites: Trade groups don’t want to fix them.

Trade associations representing the oil and gas industry, including The Independent Petroleum Association of America, have filed comments attacking Clean Air Act standards requiring energy producers to take cost-effective steps to reduce methane and other air pollution.

  1. Roofing fumes: Companies want no restrictions.

The National Roofing Contractors Association, a trade group representing roofing companies, doesn’t want smog-forming chemicals restricted, saying such regulations “have been burdensome to our members.”

  1. Cancer-causing lubricants: Manufacturers say they should still be used.

No, not that kind of lubricant. The Independent Lubricant Manufacturers Association complained that the newly established chemical safety law may require its members to find replacement products for materials known to cause cancer in humans.

  1. Toxic pesticide: Chemical manufacturer wants ban removed.

Don’t try to pronounce chlorpyrifos, just know this pesticide hurts kids’ health. That’s what the EPA had concluded last year, and proposed banning it after years of research showing that it causes developmental problems in children and that there are alternatives.

That is, until Pruitt came along, and under pressure from the manufacturer, ignored his own scientists and rejected the proposed ban, saying it needs more study.

Why This Wish List Should Be Taken Seriously

The Trump administration seems to view all health and environmental safeguards as potentially suspicious. That’s in spite of strong data showing that environmental rules actually help the economy—by preventing illness, missed school days, worker absence, productivity problems and early death.

President Trump, who encountered these safeguards as impediments to building hotels faster and cheaper, promised to rid the government of 75 percent of rules that get in industry’s way.

With an EPA administrator more eager to please his boss than to protect Americans’ health, it’s now our job to fight back and protect our kids.

Keith Gaby is senior communications director for climate, health and political affairs at Environmental Defense Fund

 

DeSmog Blog

690,000 Contiguous Acres in Alaska May Soon Be Open to Fracking  

By Steve Horn

Hydraulic fracturing’s horizontal drilling technique has enabled industry to tap otherwise difficult-to-access oil and gas in shale basins throughout the U.S. and increasingly throughout the world. And now fracking, as it’s known, could soon arrive at a new frontier: Alaska.

As Bloomberg reported in March, Paul Basinski, a pioneer of fracking in Texas’ prolific Eagle Ford Shale, has led the push to explore fracking’s potential there, in what’s been dubbed “Project Icewine.” His company, Burgundy Xploration, is working on fracking in Alaska’s North Slope territory alongside the Australia-based company 88 Energy (formerly Tangiers Petroleum).

“The land sits over three underground bands of shale, from 3,000 to 20,000 feet below ground, that are the source rocks for the huge conventional oilfields to the north,” wrote Bloomberg. “The companies’ first well, Icewine 1, confirmed the presence of petroleum in the shale and found a geology that should be conducive to fracking.”

Why the name “Project Icewine”? “Everything we do is about wine,” Basinski told Alaska Public Radio.  “That’s why it’s called Icewine. Because it’s cold up here, and I like German ice wine.”

Geographical Terrain

A report by DJ Carmichael, an Australian stockbroker firm, notes that the Project Icewine oilfield is located in close proximity to the Trans-Alaska Pipeline System, which flows from northern to southern Alaska and is co-owned by BP, ConocoPhillips, Exxon Mobil and Chevron.

Drone footage, taken in 2016 by a company owned by Alaska Sen. Lisa Murkowski’s campaign manager, Steve Wackowski, shows a fracking test well being drilled for Icewine 1.

According to an Austrian Securities Exchange filing, in April of this year, 88 Energy and Burgundy Xploration began pre-drilling procedures for Icewine 2, a second fracking test well. In the filing, which also noted receipt of a Permit to Drill from the Alaska Oil and Gas Conservation Commission, 88 Energy said it expects to begin “stimulation and production testing” in June or July.

When all is said and done, the two companies may soon have a plot of land 690,000 contiguous acres in size, according to the Securities Exchange filing. A May 3 Securities Exchange filing noted that 88 Energy is still on schedule for Icewine 2.

Tax Subsidies

In a February 2016 research note, the Australian investment company Patersons Securities Limited noted that the 88 Energy-Burgundy Xploration joint venture is the beneficiary of a tax subsidy system put in place by the Alaska Legislature.

“In an effort to encourage exploration activity in order to ultimately promote an increase in oil production in Alaska and maintain the financial viability of the [Trans-Alaska Pipeline System], the State Legislature passed the More Alaska Production Act in April 2013,” reads the research note. “The Act effectively eliminated the progressive production tax on oil production and replaced it with a flat rate of 35 percent. In addition, companies like 88E operating above 68 degrees North latitude would qualify for a combined cash rebate on exploration of 85 percent for all qualified expenditure until 31 December 2015, reducing to 75 percent for the period ending 30 June 2016, and 35 percent thereafter.”

The More Alaska Production Act was so controversial that it came up for a referendum during the 2014 election cycle. This effort to overturn the law was defeated 52.7 percent to 47.3 percent after industry power players such as ExxonMobil, ConocoPhillips, and BP spent roughly $13 million on an advertising blitz to fend off the ballot initiative.

In its 2013 annual report filed with the U.S. Securities and Exchange Commission, ConocoPhillips said the legislation has helped the company’s corporate bottom line.

“Following the April 2013 enactment of revised oil tax legislation, MAPA [More Alaska Production Act], we have increased our exploration and development investments and activities on the North Slope by adding rigs and progressing new development opportunities,” wrote the company. “We will continue to work with co-owners to identify additional opportunities to increase our investments in Alaska.”

Oil and Money

Fracking is a capital-intensive procedure, made all the more so given northern Alaska’s isolated geographical location and its Arctic drilling terrain.

Perhaps in a nod to this, the GOP-dominated Alaska Legislature attempted to offer $430 million worth of tax subsidies for the oil and gas industry in the fiscal year 2017 budget. That was vetoed by Alaska Gov. Bill Walker, an Independent, meaning the industry only got its statutory limit of $30 million in subsidies.

Patrick Galvin, chief commercial officer for Great Bear Petroleum, formerly served as petroleum land manager for the Alaska Department of Natural Resources and commissioner for the Alaska Department of Revenue. When Walker vetoed the $430 million proposed subsidy, Galvin publicly criticized him.

“What seems to have developed in this particular moment is the governor having to kind of take hostages in order to get the legislature to act on what he wants them to act on with regard to a fiscal plan,” Galvin told Alaska Public Radio. “It has an impact down the chain for all of the business that company wanted to do and they were expecting to get these payments and now they’re basically stuck waiting to see when the state will ultimately pay its bill.”

Galvin’s company also drilled fracking test wells earlier in the decade but has yet to commercialize the technique. Great Bear previously estimated it could frack 200,000 barrels of crude per day by 2020 and 600,000 barrels per day by 2056, though it appears a long way from reaching those aspirations.

Another tax subsidy fight in Alaska is currently underway over the proposed Alaska House Bill 111, which passed 21-19  in the Democratic-controlled House and awaits a Republican-controlled Senate vote. The state bill—opposed by Conoco Phillips, BP, Great Bear Petroleum and the Alaska Oil and Gas Association—would essentially undo the tax subsidy in place under the More Alaska Production Act, while also forcing the oil and gas industry to pay more taxes to fill the state’s coffers.

In the end, tapping Alaska’s shale resources via fracking, not unlike the attempts to drill for its Arctic oil, may come down to a simple issue of money. Whether enough cash will flow to the 49th state to make fracking a commercial-scale endeavor remains to be seen.

Reposted with permission from our media associate DeSmogBlog.

 

Chicago Mayor Recoups Climate Change Data Deleted from EPA Website

By Cassie Kelly   May 7, 2017

Chicago Mayor Rahm Emanuel has his own ideas about the Trump administration taking down important climate data from the U.S. Environmental Protection Agency website.

This weekend, Emanuel posted the scrubbed data on the City of Chicago’s official website to preserve the “decades of research [the agency] has done to advance the fight against climate change. ” Emanuel said he plans to develop the site further in the coming weeks.

“While this information may not be readily available on the agency’s webpage right now, here in Chicago we know climate change is real and we will continue to take action to fight it,” Mayor Emanuel said.

The new page highlights NOAA records on global warming, basic information on what climate change is, the impact that it will have on things like farming and human health, and what citizens can do to reduce their emissions. It even has a section linking to the president’s Climate Action Plan, which as of right now, doesn’t lead anywhere but a blank page that says “stay tuned.”

The Trump Administration has shown it is not making climate action a priority and is leaning toward withdrawing from the Paris climate agreement.

“The Trump administration can attempt to erase decades of work from scientists and federal employees on the reality of climate change, but burying your head in the sand doesn’t erase the problem,” Emanuel said.

Fracking’s Dark Secret

Dr. David Suzuki   May 7, 2017

We’ve long known extracting oil and gas comes with negative consequences, and rapid expansion of hydraulic fracturing, or fracking, increases the problems and adds new ones—excessive water use and contamination, earthquakes, destruction of habitat and agricultural lands and methane emissions among them.

As fossil fuel reserves become depleted, thanks to our voracious and wasteful habits, extraction becomes more extreme and difficult. Oil sands mining, deep sea drilling and fracking are employed because easily accessible supplies are becoming increasingly scarce. The costs and consequences are even higher than with conventional sources and methods.

Fracking involves drilling deep into the Earth, and injecting a high-pressure stream of water, sand and chemicals to break apart shale and release gas or oil. In British Columbia, politicians tout liquefied natural gas as an economic panacea, a product we can export around the world to create jobs and prosperity at home. More than 80 percent of BC’s natural gas is fracked, and as fracking increases, the percentage rises.

Of the many problems with the industry, methane emissions from fracked and conventional operations are among the most serious. Methane is at least 84 times more potent than carbon dioxide as a heat-trapping gas over the short term. Researchers estimate it’s responsible for 25 percent of already observed climatic changes. One difference between methane and CO2: Methane remains in the atmosphere for a shorter time—around a decade, compared to many decades or centuries for CO2.

Methane’s relatively short lifespan means reducing the amount entering the atmosphere will have major and rapid results. Cutting methane emissions from the oil and gas sector is one of the cheapest, most effective ways to address climate change. The technology to do so already exists. It’s absurd that the industry is leaking the very resource it wants to sell.

Methane comes from a number of sources, including animal agriculture and natural emissions. Global warming itself means methane once trapped in frozen ground or ice is escaping into the air.

The oil and gas industry is one of the major emitters. A field study by the David Suzuki Foundation and St. Francis Xavier University found methane pollution from BC’s oil and gas industry is at least 2.5 times higher than BC government estimates.

In 2015 and 2016, foundation researchers joined St. Francis Xavier University’s Flux Lab under the supervision of David Risk, an expert in measurement, detection and repair of fugitive emissions. Using gas-detection instruments mounted on a “sniffer truck,” they traveled more than 8,000 kilometers in northeastern BC. They found methane emissions from BC’s Montney region alone are greater than what the provincial government has estimated for the entire industry! (Montney represents about 55 percent of BC’s oil and gas production). David Suzuki Foundation senior scientist John Werring followed up on and corroborated that research by measuring point-source methane emissions from more than 170 oil and gas sites.

The research, available in the journal Atmospheric Chemistry and Physics, found Montney operations leak and intentionally release more than 111,800 tonnes of methane into the air annually—equivalent to burning more than 4.5 million tonnes of coal or putting more than two million cars on the road. Half of all well and processing sites in the region are releasing methane.

This research shows that the oil and gas sector is the largest source of climate pollution in BC, surpassing commercial transportation—and it contradicts claims that natural gas or LNG is a clean fuel or that it’s useful to help us transition from other fossil fuels.

Given these results and other studies—including one in Alberta that found the amount of methane leaking from Alberta operations in one year could heat 200,000 homes—it’s time for all levels of government to get industrial methane emissions under control.

Beyond existing commitments to reduce methane emissions by 45 percent, governments must work to eliminate them from this sector by 2030, with strong regulations, monitoring and oversight. We need better leak detection and repair, improved reporting and enforcement and methods to capture emissions rather than burning them.

Climate change is a serious issue, and methane emissions are a significant contributor. Getting them under control is a quick, cost-effective way to help address the problem. What’s stopping us?

 

Wind Industry Just Chalked Up Strongest First Quarter in 8 years

American Wind Energy Association    May 7, 2017

America’s wind power workforce installed 908 utility-scale turbines in the first quarter of 2017, totaling 2,000 megawatts (MW) of capacity. This is the wind industry’s strongest start in eight years, according to a new report released Tuesday by the American Wind Energy Association (AWEA).

“We switched on more megawatts in the first quarter than in the first three quarters of last year combined,” said Tom Kiernan, CEO of AWEA, in releasing the U.S. Wind Industry First Quarter 2017 Market Report. “Each new modern wind turbine supports 44 years of full-time employment over its lifespan, so the turbines we installed in just these three months represent nearly 40,000 job years for American workers.”

The early burst of activity reflects how 500 factories in America’s wind power supply chain and more than 100,000 wind workers are putting stable, multi-year federal policy to work. The industry is now in year three of a five-year phase-down of the Production Tax Credit, and Navigant Consulting recently forecast a strong 2017 for wind power, similar to 2015 and 2016.

New wind turbine installations in the first quarter spanned the U.S. from Rhode Island and North Carolina to Oregon and Hawaii. Great Plains states Texas (724 MW) and Kansas (481 MW) led the pack.

Texas continues as the overall national leader for wind power capacity, with 21,000 MW installed, enough to power more than five million average homes. North Carolina became the 41st state to harness wind power, bringing online the first wind farm to be built in the Southeast in 12 years.

Horace Pritchard, one of nearly 60 landowners associated with the North Carolina project, explained what it means to him and his neighbors: “Farms have been growing corn, soybeans and wheat for a long time here, and the wind farm revenue means a lot of families are protected from pricing swings, floods or droughts going forward. We’re just adding another locally-grown crop to our fields, with very little ground taken out of production, and the improved roads really help with access. So it’s a great fit here.”

Expanding wind farms continue to benefit rural America, since more than 99 percent of wind farms are built in rural communities. According to AWEA’s recently released 2016 Annual Report, wind now pays more than $245 million per year in land-lease payments to local landowners, many of them farmers and ranchers.

Along with rural benefits, American wind manufacturing facilities remain busy in the first quarter as projects continue to be built. With 4,466 MW in new construction and advanced development announcements recorded in the first quarter, the near-term pipeline has reached 20,977 MW of wind capacity. That’s about as much as the entire Texas wind fleet’s existing capacity.

Demand remained strong in the first quarter. There were 1,781 MW signed in long-term contracts for wind energy, the most in a first quarter since 2013. Utilities and Fortune 500 brands frequently use these long-term contracts, called Power Purchase Agreements (PPAs), to purchase wind energy. Home Depot and Intuit, maker of TurboTax, both signed up for wind power this quarter, joining a host of Fortune 500 companies like GM, Walmart, and Microsoft that are buying wind energy for its low, stable cost.

In addition to leading brands, low-cost wind power reliably supplies a growing number of cities, universities, and other organizations—including the Department of Defense. This quarter, a Texas wind farm came online to supply a PPA with the U.S. Army. Powering a military facility demonstrates that wind power is ready to reliably serve our most vital electricity needs, boosting American energy security in more ways than one.

What the last Nuremberg prosecutor alive wants the world to know

CBS News 60 Minutes

What the last Nuremberg prosecutor alive wants the world to know

Correspondent Lesley Stahl,  May 7, 2017   

http://www.cbsnews.com/news/what-the-last-nuremberg-prosecutor-alive-wants-the-world-to-know/

At 97, Ben Ferencz is the last Nuremberg prosecutor alive and he has a far-reaching message for today’s world

  • Twenty-two SS officers responsible for the deaths of 1M+ people would never have been brought to justice were it not for Ben Ferencz.
  • The officers were part of units called Einsatzgruppen, or action groups. Their job was to follow the German army as it invaded the Soviet Union in 1941 and kill Communists, Gypsies and Jews.
  • Ferencz believes “war makes murderers out of otherwise decent people” and has spent his life working to deter war and war crimes.  

CBS News

It is not often you get the chance to meet a man who holds a place in history like Ben Ferencz.  He’s 97 years old, barely 5 feet tall, and he served as prosecutor of what’s been called the biggest murder trial ever. The courtroom was Nuremberg; the crime, genocide; the defendants, a group of German SS officers accused of committing the largest number of Nazi killings outside the concentration camps — more than a million men, women, and children shot down in their own towns and villages in cold blood.

Ferencz is the last Nuremberg prosecutor alive today. But he isn’t content just to be part of 20th century history — he believes he has something important to offer the world right now.

27-year-old Ben Ferencz became the chief prosecutor of 22 Einsatzgruppen commanders at Nuremberg.

“If it’s naive to want peace instead of war, let ’em make sure they say I’m naive. Because I want peace instead of war.”

Lesley Stahl: You know, you– have seen the ugliest side of humanity.

Benjamin Ferencz: Yes.

Lesley Stahl: You’ve really seen evil. And look at you. You’re the sunniest man I’ve ever met. The most optimistic.

Benjamin Ferencz: You oughta get some more friends.

Watching Ben Ferencz during his daily swim, his gym workout and his morning push-up regimen is to realize he isn’t just the sunniest man we’ve ever met — he may also be the fittest. And that’s just the beginning.

Ferencz made his opening statement in the Nuremberg courtroom 70 years ago. Ben Ferencz in court: “The charges we have brought accuse the defendants of having committed crimes against humanity.”

The Nuremberg trials after World War II were historic — the first international war crimes tribunals ever held. Hitler’s top lieutenants were prosecuted first. Then a series of subsequent trials were mounted against other Nazi leaders, including 22 SS officers responsible for killing more than a million people — not in concentration camps — but in towns and villages across Eastern Europe. They would never have been brought to justice were it not for Ben Ferencz.

Lesley Stahl: You look so young.

Benjamin Ferencz: I was so young.  I was 27 years old.

Lesley Stahl: Had you prosecuted trials before?

Benjamin Ferencz: Never in my life. I don’t—

Lesley Stahl: Come on.

Benjamin Ferencz: –recall if I’d ever been in a courtroom actually.

Ferencz had immigrated to the U.S. as a baby, the son of poor Jewish parents from a small town in Romania. He grew up in a tough New York City neighborhood where his father found work as a janitor.

Benjamin Ferencz: When I was taken to school at the age of seven, I couldn’t speak English– spoke Yiddish at home. And I was very small. And so they wouldn’t let me in.

Lesley Stahl: So you didn’t speak English ’til you were eight?

Benjamin Ferencz: That’s correct.

Lesley Stahl: Could you read?

Benjamin Ferencz: No, on the contrary. The silent movies always had writing on it. And I would ask my father, “Wazukas,” in Yiddish, “What does it say? What does it say?” He couldn’t read it, either.

But Ferencz learned quickly. He became the first in his family to go to college, then got a scholarship to Harvard Law School. But during his first semester, the Japanese bombed Pearl Harbor, and he, like many classmates, raced to enlist. He wanted to be a pilot, but the Army Air Corps wouldn’t take him.

Benjamin Ferencz:  They said, “No, you’re too short. Your legs won’t reach the pedals.” The Marines, they just looked at me and said, “Forget it, kid.”

So he finished at Harvard then enlisted as a private in the Army. Part of an artillery battalion, he landed on the beach at Normandy and fought in the Battle of the Bulge. Toward the end of the war, because of his legal training, he was transferred to a brand new unit in General Patton’s Third Army, created to investigate war crimes.  As U.S. forces liberated concentration camps, his job was to rush in and gather evidence. Ferencz told us he is still haunted by the things he saw. And the stories he heard in those camps.

Benjamin Ferencz: A father who, his son told me the story. The father had died just as we were entering the camp. And the father had routinely saved a piece of his bread for his son, and he kept it under his arm at… He kept it under his arm at night so the other inmates wouldn’t steal it, you know.  So you see these human stories which are not — they’re not real.  They’re not real.  But they were real.

Ferencz came home, married his childhood sweetheart and vowed never to set foot in Germany again.  But that didn’t last long. General Telford Taylor, in charge of the Nuremberg trials, asked him to direct a team of researchers in Berlin, one of whom found a cache of top-secret documents in the ruins of the German foreign ministry.

Benjamin Ferencz: He gave me a bunch of binders, four binders. And these were daily reports from the Eastern Front– which unit entered which town, how many people they killed. It was classified, so many Jews, so many gypsies, so many others–

Ferencz had stumbled upon reports sent back to headquarters by secret SS units called Einsatzgruppen, or action groups. Their job had been to follow the German army as it invaded the Soviet Union in 1941, and kill Communists, Gypsies and especially Jews.

Benjamin Ferencz: They were 3,000 SS officers trained for the purpose, and directed to kill without pity or remorse, every single Jewish man, woman, and child they could lay their hands on.

Lesley Stahl: So they went right in after the troops?

Benjamin Ferencz: That was their assignment, come in behind the troop, round up the Jews, kill ’em all.

Only one piece of film is known to exist of the Einsatzgruppen at work.  It isn’t easy viewing…

Benjamin Ferencz: Well, this is typical operation.  Well, see here, this– they rounded ’em up. They all have already tags on ’em. And they’re chasing them.

Lesley Stahl: They’re making them run to their own death?

Benjamin Ferencz: Yes. Yes. There’s the rabbi coming along there. Just put ’em in the ditch. Shoot ’em there. You know, kick ’em in.

Lesley Stahl: Oh, my God. Oh, my God.

This footage came to light years later. At the time, Ferencz just had the documents, and he started adding up the numbers.

Benjamin Ferencz: When I reached over a million people murdered that way, over a million people, that’s more people than you’ve ever seen in your life, I took a sample. I got on the next plane, flew from Berlin down to Nuremberg, and I said to Taylor, “General, we’ve gotta put on a new trial.”

But the trials were already underway, and prosecution staff was stretched thin. Taylor told Ferencz adding another trial was impossible.

Benjamin Ferencz: And I start screaming. I said, “Look. I’ve got here mass murder, mass murder on an unparalleled scale.”  And he said, “Can you do this in addition to your other work?” And I said, “Sure.” He said, “OK. So you do it.”

And that’s how 27-year-old Ben Ferencz became the chief prosecutor of 22 Einsatzgruppen commanders at trial number 9 at Nuremberg.

Judge: How do you plead to this indictment, guilty or not guilty?

Defendant: Nicht schuldig.

Benjamin Ferencz: Standard routine, nicht schuldig.  Not guilty.

Judge: Guilty or not guilty?

Defendant: Nicht schuldig.

Lesley Stahl: They all say not guilty.

Benjamin Ferencz: Same thing, not guilty.

But Ferencz knew they were guilty and could prove it. Without calling a single witness, he entered into evidence the defendants’ own reports of what they’d done. Exhibit 111: “In the last 10 weeks, we have liquidated around 55,000 Jews.”  Exhibit 179, from Kiev in 1941: “The city’s Jews were ordered to present themselves… about 34,000 reported, including women and children. After they had been made to give up their clothing and valuables, all of them were killed, which took several days.” Exhibit 84, from Einsatzgruppen D in March of 1942: Total number executed so far: 91,678. Einsatzgruppen D was the unit of Ferencz’s lead defendant Otto Ohlendorf. He didn’t deny the killings — he had the gall to claim they were done in self-defense.

Benjamin Ferencz: He was not ashamed of that. He was proud of that. He was carrying out his government’s instructions.

Lesley Stahl: How did you not hit him?

Benjamin Ferencz: There was only one time I wanted to– really. One of these– my defendants said– He gets up, and he says, “[GERMAN],” which is, “What? The Jews were shot? I hear it here for the first time.”  Boy, I felt if I’d had a bayonet I woulda jumped over the thing, and put a bayonet right through one ear, and let it come out the other. You know? You know?

Lesley Stahl: Yeah.

Benjamin Ferencz: That son of a bitch.

Lesley Stahl: And you had his name down on a piece of—

Benjamin Ferencz: And I’ve got– I’ve got his reports of how many he killed. You know? Innocent lamb.

Lesley Stahl: Did you look at the defendants’ faces?

Benjamin Ferencz: Defendants’ face were blank, all the time. Defendants– absolutely blank. They could– like, they’re waiting for a bus.

Lesley Stahl: What was going on inside of you?

Benjamin Ferencz: Of me?

Lesley Stahl: Yeah.

Benjamin Ferencz: I’m still churning.

Lesley Stahl: To this minute?

Benjamin Ferencz: I’m still churning.

All 22 defendants were found guilty, and four of them, including Ohlendorf, were hanged. Ferencz says his goal from the beginning was to affirm the rule of law and deter similar crimes from ever being committed again.

Lesley Stahl: Did you meet a lot of people who perpetrated war crimes who would otherwise in your opinion have been just a normal, upstanding citizen?

“War makes murderers out of otherwise decent people. All wars, and all decent people.”

Benjamin Ferencz: Of course, is my answer. These men would never have been murderers had it not been for the war. These were people who could quote Goethe, who loved Wagner, who were polite–

Lesley Stahl: What turns a man into a savage beast like that?

Benjamin Ferencz: He’s not a savage. He’s an intelligent, patriotic human being.

Lesley Stahl: He’s a savage when he does the murder though.

Benjamin Ferencz: No. He’s a patriotic human being acting in the interest of his country, in his mind.

Lesley Stahl: You don’t think they turn into savages even for the act?

Benjamin Ferencz: Do you think the man who dropped the nuclear bomb on Hiroshima was a savage? Now I will tell you something very profound, which I have learned after many years. War makes murderers out of otherwise decent people. All wars, and all decent people.

So Ferencz has spent the rest of his life trying to deter war and war crimes by establishing an international court – like Nuremburg. He scored a victory when the international criminal court in The Hague was created in 1998.  He delivered the closing argument in the court’s first case.

“If they tell me they want war instead of peace, I don’t say they’re naive, I say they’re stupid.”

Lesley Stahl: Now, you’ve been at this for 50 years, if not more. We’ve had genocide since then.

Benjamin Ferencz: Yes.

Lesley Stahl: In Cambodia—

Benjamin Ferencz: Going on right this minute, yes.

Lesley Stahl: Going on right this minute in Sudan.

Benjamin Ferencz: Yes.

Lesley Stahl: We’ve had Rwanda, we’ve had Bosnia. You’re not getting very far.

Benjamin Ferencz: Well, don’t say that. People get discouraged. They should remember, from me, it takes courage not to be discouraged.

Lesley Stahl: Did anybody ever say that you’re naive?

Benjamin Ferencz: Of course. Some people say I’m crazy.

Lesley Stahl: Are you naive here?

Benjamin Ferencz: Well, if it’s naive to want peace instead of war, let ’em make sure they say I’m naive. Because I want peace instead of war. If they tell me they want war instead of peace, I don’t say they’re naive, I say they’re stupid. Stupid to an incredible degree to send young people out to kill other young people they don’t even know, who never did anybody any harm, never harmed them. That is the current system. I am naive? That’s insane.

Ferencz is legendary in the world of international law, and he’s still at it. He never stops pushing his message and he’s donating his life savings to a Genocide Prevention Initiative at the Holocaust Museum. He says he’s grateful for the life he’s lived in this country, and it’s his turn to give back.

Lesley Stahl: You are such an idealist.

Benjamin Ferencz: I don’t think I’m an idealist.  I’m a realist. And I see the progress.  The progress has been remarkable. Look at the emancipation of woman in my lifetime. You’re sitting here as a female. Look what’s happened to the same-sex marriages. To tell somebody a man can become a woman, a woman can become a man, and a man can marry a man, they would have said, “You’re crazy.” But it’s a reality today. So the world is changing. And you shouldn’t– you know– be despairing because it’s never happened before. Nothing new ever happened before.

Lesley Stahl: Ben—

Benjamin Ferencz: We’re on a roll.

Lesley Stahl: I can’t—

Benjamin Ferencz: We’re marching forward.

Lesley Stahl: Ben? I’m sitting here listening to you. And you’re very wise. And you’re full of energy and passion.  And I can’t believe you’re 97 years old.

Benjamin Ferencz: Well, I’m still a young man.

Lesley Stahl: Clearly, clearly.

Benjamin Ferencz: And I’m still in there fighting.  And you know what keeps me going? I know I’m right.

Produced by Shari Finkelstein and Nieves Zuberbühler.

Indiana Governor Deals Death Blow to State’s Solar Industry

EcoWatch

Indiana Governor Deals Death Blow to State’s Solar Industry

By Jeremy Deaton and Laura A. Shepard  May 3, 2017

In Indiana, solar employs nearly three times as many people as natural gas, according to the Department of Energy. You might think, given the numbers, that legislators would want to protect the state’s nascent solar industry.

You would be wrong.

Indiana Gov. Eric Holcomb (R) signed a bill Tuesday that shreds incentives for rooftop solar, delivering a blow to solar installers and their customers.

Currently, if rooftop solar owners generate more electricity than they use, the power utility will buy the excess power at the retail rate—around 11¢ per kilowatt-hour. This practice is known as net metering. Under the new law, the utility would buy the excess power at a little more than the wholesale rate—around 4¢ per kwh.

The bill is an improvement on a previous version that would have required rooftop solar owners to sell all of the power they produce at the wholesale rate and buy it back at the retail rate—effectively treating homeowners both as power plants and consumers. But, the new version restricts solar in other important ways:

  • It ends net metering for new customers after 2022.
  • It ends net metering for existing customers who replace or expand their solar system after 2017.
  • It empowers utilities, with the approval of the regulatory commission, to charge rooftop solar owners an additional fee for “energy delivery costs.”

Additionally, the bill may be interpreted to end net metering for homeowners who lease their panels or subscribe to a shared solar array—what’s known as community solar.

“It’s somewhat ambiguous in the current legislative text, but I wouldn’t be surprised if that’s the intent of the language,” said Amit Ronen, director of the George Washington University Solar Institute. “This bill is obviously an attempt to derail the rapid growth of rooftop and community solar in Indiana.”

Students at Purdue University installed solar panels on this Lafayette home. Purdue University

Jesse Kharbanda, executive director of the Hoosier Environmental Council, said the public vehemently opposed the bill. “Ask Republicans, ‘What kind of feedback are you getting from your constituents?’ They’ll tell us that they have gotten dozens and dozens of calls opposing the bill, but zero supporting the bill.”

Still, Indiana legislators have been trying to stifle the growth of solar for years. A 2015 bill would have radically scaled back net metering, but advocates defeated the legislation. This time, they weren’t so lucky.

“A lot of representatives that I know didn’t listen to the people and that’s a bummer,” said Paul Steury, a solar installer at Indiana firm Photon Electric. Steury said the law strips away incentives for rooftop solar, which could put a dent in sales. “I feel solar is the future, and we need to think more about the future.”

Clean energy has also become a significant source of jobs in Indiana. While coal is the biggest source of electricity in the state, renewables employ far more people. Coal power generation employs roughly as many people as solar. The wind industry employs more workers than either power source, in large part through manufacturing and construction.

Employment numbers for power generation in Indiana. Department of Energy

But utilities see a threat from rooftop solar, which lets customers buy less power from the grid. Utilities contend that net metering is unfair to ratepayers who don’t own solar panels. Rooftop solar owners get to sell their surplus power to the grid without paying for transmission lines or other infrastructure needed to deliver that power to homes and businesses in the community.

But proponents of rooftop solar say it’s a net win for the grid. Owners absorb the infrastructure cost of generation, through the panels and installation, and they deliver their surplus power to customers nearby, minimizing the volume of electricity lost in transmission.

Perhaps the biggest benefit for the grid is that solar output peaks in the middle of the day, when demand for electricity is at its highest. When demand spikes, grid operators turn to small, gas-fired power plants that sell the most expensive electricity. Rooftop solar offers a cheaper, cleaner alternative.

Indiana solar jobs by county. SEIA

Among customers, net metering is exceptionally popular. “We definitely pay a lot less,” said Indiana rooftop solar owner Lanette Erby. “I would say that our bills are coming in at about 60 to 80 percent less than what they were, and that was over the winter obviously, when we’re using a lot more electricity to heat and do things like that.”

“We’re currently on an inverter with the electric company, but obviously if the net metering bill were to go through, we would be purchasing battery back ups. That’s where we’re at,” said Erby. “The same kind of legislation killed the solar industry in a couple of other states … which is terrible because it’s creating so many jobs.”

In 2015, Nevada changed its rate structure so that utilities would pay rooftop solar owners at the wholesale rate—as opposed to the retail rate—for their surplus power. That same year, Arizona levied a $50 monthly charge on rooftop solar customers, purportedly to cover transmission costs. In November, Florida voters narrowly defeated a constitutional amendment that would have severely restricted rooftop solar. Advocates say policies like these pose a distinct threat to solar jobs.

In his 2017 state of the state address, Gov. Holcomb committed to creating jobs and supporting small businesses, which he called “the heart and soul” of Indiana’s economy. He said of the new measure, “this legislation ensures those who currently have interests in small solar operations will not be affected for decades.” But advocates see the law as a clear threat to solar installers, many of which, like Photon Electric, are small businesses.

Erby said the measure marks a departure from a “truly free market.” She added, “We are actually considering moving out of state. My parents want some help back in Pennsylvania and the laws are a little more lax there.”

Reposted with permission from our media associate Nexus Media.

The History Of The Kentucky Derby And Black Jockeys

Always Dreaming wins the 143rd running of the Kentucky Derby.

Yahoo News     May 6, 2017

Jockey John Velazquez guided Always Dreaming (5) across the finish line to win the 143rd running of the Kentucky Derby at Churchill Downs on May 6, 2017 in Louisville, Kentucky.

International Business Times

The History Of The Kentucky Derby And Black Jockeys

Katherine Mooney, International Business Times  May 6, 2017

When the horses enter the gate for the 143rd Kentucky Derby, their jockeys will hail from Louisiana, Mexico, Nebraska and France. None will be African-American. That’s been the norm for quite a while. When Marlon St. Julien rode the Derby in 2000, he became the first black man to get a mount since 1921.

It wasn’t always this way. The Kentucky Derby, in fact, is closely intertwined with black Americans’ struggles for equality, a history I explore in my book on race and thoroughbred racing. In the 19th century – when horse racing was America’s most popular sport – former slaves populated the ranks of jockeys and trainers, and black men won more than half of the first 25 runnings of the Kentucky Derby. But in the 1890s – as Jim Crow laws destroyed gains black people had made since emancipation – they ended up losing their jobs.

From slavery to the Kentucky Derby

On May 17, 1875, a new track at Churchill Downs ran, for the first time, what it hoped would become its signature event: the Kentucky Derby.

Prominent thoroughbred owner H. Price McGrath entered two horses: Aristides and Chesapeake. Aristides’ rider that afternoon was Oliver Lewis, who, like most of his Kentucky Derby foes, was African-American. The horse’s trainer was an elderly former slave named Ansel Williamson.

Lewis was supposed to take Aristides to the lead, tire the field, and then let Chesapeake go on to win. But Aristides simply refused to let his stablemate pass him. He ended up scoring a thrilling victory, starting the Kentucky Derby on its path to international fame.

Meanwhile, men like Lewis and Williamson had shown that free blacks could be accomplished, celebrated members of society.

‘I ride to win’

To many black Americans, Isaac Murphy symbolized this ideal. Between 1884 and 1891, Murphy won three Kentucky Derbys, a mark unequaled until 1945.

Born a slave in Kentucky, Murphy, along with black peers like Pike Barnes, Soup Perkins and Willie Simms, rode regularly in integrated competition and earned big paychecks. Black jockeys were even the subjects of celebrity gossip; when Murphy bought a new house, it made the front page of The New York Times. One white memoirist, looking back on his childhood, remembered that “every little boy who took any interest in racing…had an admiration for Isaac Murphy.” After the Civil War, the Constitution guaranteed black male suffrage and equal protection under the law, but Isaac Murphy embodied citizenship in a different way. He was both a black man and a popular hero.

When Murphy rode one of his most famous races, piloting Salvator to victory over Tenny at Sheepshead Bay in 1890, the crusading black journalist T. Thomas Fortune interviewed him after the race. Murphy was friendly, but blunt: “I ride to win.”

Fortune, who was waging a legal battle to desegregate New York hotels, loved that response. It was that kind of determination that would change the world, he told his readers: men like Isaac Murphy, leading by example in the fight to end racism after slavery.

Destined to disappear?

Only a few weeks after the interview with Fortune, Murphy’s career suffered a tremendous blow when he was accused of drinking on the job. He would go on to win another Kentucky Derby the next spring, riding Kingman, a thoroughbred owned by former slave Dudley Allen, the first and only black man to own a Kentucky Derby winner. But Murphy died of heart failure in 1896 at the age of 35 – two months before the Supreme Court made segregation the law of the land in Plessy v. Ferguson.

Black men continued to ride successfully through the 1890s, but their role in the sport was tenuous at best. A Chicago sportswriter grumbled that when he went to the track and saw black fans cheering black riders, he was uncomfortably reminded that black men could vote. The 15th Amendment and Isaac Murphy had opened the door for black Americans, but many whites were eager to slam it shut.

After years of success, black men began getting fewer jobs on the racetrack, losing promotions and opportunities to ride top horses. White jockeys started to openly demand segregated competition. One told the New York Sun in 1908 that one of his black opponents was probably the best jockey he had ever seen, but that he and his colleagues “did not like to have the negro riding in the same races with them.” In a 1905 Washington Post article titled “Negro Rider on Wane,” the writer insisted that black men were inferior and thus destined to disappear from the track, as Native Americans had inevitably disappeared from their homelands.

Black jockey Jimmy Winkfield shot to stardom with consecutive Kentucky Derby victories in 1901 and 1902, but he quickly found it difficult to get more mounts, a pattern that became all too common. He left the United States for a career in Europe, but his contemporaries often weren’t so fortunate.

Their obituaries give us glimpses of the depression and desperation that came with taking pride in a vocation, only to have it wrenched away. Soup Perkins, who won the Kentucky Derby at 15, drank himself to death at 31. The jockey Tom Britton couldn’t find a job and committed suicide by swallowing acid. Albert Isom bought a pistol at a pawnshop and shot himself in the head in front of the clerk.

The history of the Kentucky Derby, then, is also the history of men who were at the forefront of black life in the decades after emancipation – only to pay a terrible price for it.

Katherine Mooney, Assistant Professor of History, Florida State University

This article was originally published on The Conversation. Read the original article.

Thoughts From a Hospital Bed

Esquire

Thoughts From a Hospital Bed

And what it means to be healthy, or unhealthy, in the United States of 2017.

By Charles P. Pierce    May 3, 2017

I wasn’t awake for 30 minutes Wednesday morning before the panel on MSNBC’s Morning Zoo Crew made me wish that there was a procedure by which they could put my gallbladder back, just so they could take it out again. The subject was Hillary Rodham Clinton’s appearance at a woman’s conference on Tuesday. First, Harold Ford came on—and who’s more of an expert of losing winnable elections than Harold Ford, Jr.?—and said that, instead of talking about the election just passed, HRC should be out there talking about “what she would be doing as president.”

Just thinking about the reactions in many quarters, from this bunch, from The New York Times’ Washington Bureau, if she actually did this—She’s Delusional! She Thinks She’s President!—made me long to be back on Toradol again. (By the way, if you know anyone who wonders why NFL players do what they call “riding the T train” before every game, send that person to me. Toradol is very good at its job.) Then, Mika informed us that one of the major blunders of the Clinton campaign was that it didn’t realize that the arrival of Donald Trump “changed the moral calculus” of the race and would sideline Bill Clinton as a political asset. That got me longing to start the whole process again, perhaps with a rusty lawnmower blade.

I can’t leave you alone for a minute, America.

So anyway, this happened. Last Tuesday, I awoke in the middle of the night feeling as though I’d swallowed an ankylosaurus, spiked tail and all. (It was a good day for dinosaur news, because it’s always a good day for dinosaur news, but it wasn’t a good day for metaphorical dinosaur news.) That brought me to the emergency room. The next afternoon, I felt as though someone was pounding a railroad spike into my right side. After a series of tests that covered 14 hours and included an endoscopy, an ultrasound, an MRI, and a more elaborate MRI, it was determined that the ol’ gallbladder had run the race, that it had to come out, but that it had not made the argument for its removal in a conventional way. I had, as they said, “an atypical presentation of a common condition.”

New title for the memoirs!

So, anyway, this happened. Before relieving me of the offending organ, the surgeon and I were chatting, and he mentioned that, in college, he’d played defensive tackle at Trinity College in Connecticut, in which capacity he annually ran into a plucky offensive lineman named…Bill Belichick. So that was weird.

The staff at Newton-Wellesley Hospital, all of them, will always have my thanks and prayers. But although Jimmy Kimmel beat me to this by a couple of days, what continued to strike me over the past week was the fact that the critical element in my care was that I could afford it.

The critical element in my care was that I could afford it.

After a while, the Toradol and I conjured up a guy in Mississippi who worked in a plastics plant. (He also works at the local Piggly Wiggly to make ends meet.) Last Tuesday, he wakes up in the middle of the night with the anklyosaurus in his gullet. He probably downs an over-the-counter stomach medicine. The next day, at work, he feels the railroad spike’s being driven in. He has to make calculations in currencies with which I am not familiar and in which I am not fluent. Antibiotics exchanged for food, school fees bartered for an ultrasound. Or maybe he just soldiers through, day after day, until a chronic condition becomes catastrophic and the ankylosaurus breaks through into his life like the critter from Alien leaping from John Hurt’s chest. I really got to like this guy. I wished him well.

From this standpoint, with my Mississippi plastics worker hanging out at the side of my bed, I watched the Republicans fall all over themselves trying to destroy the Affordable Care Act while pretending they weren’t doing that very thing. (An atypical presentation of a common condition.) For a good, long, healthy while, I was completely one of The American People, my privileged view of our democratic follies clouded for a moment by more than just the pharmaceuticals. I was looking through a haze of frustration and pain, and considerable anger, for me and for my phantom pal from the plastics plant. Human health is not a commodity, to be bargained and sold and traded as though it were any other consumer good.

I was lying in a hospital, doped to the gills, chatting in my mind with an imaginary fellow citizen, and I could figure that out. Why in bloody hell can’t they? They’re out to wreck the only piece of effective legislation that made this a little easier for me and for my pal that has emerged in the last half-century. Everything about the proposed replacement is cruelly inadequate, because that’s what it was designed to be. The pre-existing conditions protections are cheesecloth; the high-risk pools are guaranteed to bring us back to the days of generally unaffordable premiums. It’s still a tax bill dressed up as healthcare reform, which is like calling a crop subsidy a law enforcement measure.

And hand things back to the states? To Sam Brownback’s Kansas, or Scott Walker’s Wisconsin, or even my phantom companion’s Mississippi? Somehow, doing this, bringing millions of Americans back to the brink of a cliff they’d almost forgotten over eight years, makes those Americans more free? This is crazy. I turned on the hockey game.

Human health is not a commodity, to be bargained and sold and traded as though it were any other consumer good.

The debate on the essential American political identity—which I contend began in all modern contexts with the belated acknowledgement of the rights granted to African-American citizens in the wake of the Civil War—has not even half-begun. The question of who we are as a nation is as unresolved as it ever has been. The value of the political commons—and the distribution of the benefits thereof—is still in a perilous place. The notion that the American republic is an ongoing experiment in self-government is one to which I still subscribe, but, dammit, these days, we seem to be closer than ever to the moment when that experiment turns to one of complete devolution, as we walk the republic back through all the mistakes of the past from which we’d thought we learned. Hell, the Greeks knew that social inequality was the route through which democracy turns to oligarchy. We were supposed to have learned that in 1787.

Also, in case you haven’t noticed, the president* of the United States is bughouse bananas and he’s getting worse.

So, anyway, all this happened. My family and I would like to thank you magnificent bastids, one and all, for the great outpouring of thoughts, prayers, good wishes, and raisings of the glass that came to us from all across the Intertoobz. There’s something stirring out in the land, I swear to god there is, and I’m glad we’re all here in this thing called life together.

So, anyway, that all happened. The shebeen is open again, praise be. God bless all here!

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A look at the House Republican health care bill

Associated Press May 4, 2017

WASHINGTON (AP) — House Republicans on Thursday passed legislation to roll back much of former President Barack Obama’s health care law. The legislation would rework subsidies for private insurance, limit federal spending on Medicaid for low-income people and cut taxes on upper-income individuals used to finance Obama’s overhaul.

The nonpartisan Congressional Budget Office estimates that the Republican bill would result in 24 million fewer people having health insurance by 2026, compared to Obama’s 2010 statute.

Here are key elements of the bill:

__Ends tax penalties Obama’s law imposes on individuals who don’t purchase health insurance and on larger employers who don’t offer coverage to workers.

__Halts extra payments Washington sends states to expand Medicaid to additional poorer Americans, and forbids states that haven’t already expanded Medicaid to do so. Changes Medicaid from an open-ended program that covers beneficiaries’ costs to one that gives states fixed amounts of money annually.

__Erases Obama’s subsidies for people buying individual policies based mostly on consumers’ incomes and premium costs. Replaces them with tax credits that grow with age that must be used to defray premiums. The credits are refundable, which means they can go to people with little or no tax liability. Credits may not be used to buy policies that provide abortion coverage.

__Repeals Obama’s taxes on people with higher incomes and on insurance companies, prescription drugmakers, some medical devices, expensive employer-provided insurance plans and tanning salons. Obama’s law has used the revenue to help pay for expanded coverage.

__Requires insurers to apply 30 percent surcharges to customers who’ve let coverage lapse for more than 63 days in the past year. This would include people with pre-existing medical conditions.

__Lets states get federal waivers allowing insurers to charge older customers higher premiums than younger ones by as much as they’d like. Obama’s law limits the difference to a 3-1 ratio.

__States can get waivers exempting insurers from providing consumers with required coverage of specified health services, including hospital and outpatient care, pregnancy and mental health treatment.

__States can get waivers from Obama’s prohibition against insurers charging higher premiums to people with pre-existing health problems, but only if the person has had a gap in insurance coverage. States could get those waivers if they have mechanisms like high-risk pools that are supposed to help cover people with serious, expensive-to-treat diseases. Critics say these pools are often under-funded and ineffective.

___Provides $8 billion over five years to help states finance their high-risk pools. This late addition, aimed at winning over votes, is on top of $130 billion over a decade in the bill for states to help people afford coverage.

__Retains Obama’s requirement that family policies cover grown children to age 26, and its prohibition against varying premiums because of a customer’s gender.

___

Sources: U.S. Congress, The Associated Press, Kaiser Family Foundation

GOP Health Care Bill Would Cut About $765 Billion In Taxes Over 10 Years

NPR Politics

GOP Health Care Bill Would Cut About $765 Billion In Taxes Over 10 Years

Scott Horsley   May 4, 2017  

The Affordable Care Act took money from the rich to help pay for health insurance for the poor. The repeal bill passed by House Republicans would do the opposite. The health care bill passed by the House on Thursday is a win for the wealthy, in terms of taxes.

While the Affordable Care Act raised taxes on the rich to subsidize health insurance for the poor, the repeal-and-replace bill passed by House Republicans would redistribute hundreds of billions of dollars in the opposite direction. It would deliver a sizable tax cut to the rich, while reducing government subsidies for Medicaid recipients and those buying coverage on the individual market.

Tax hikes reversed

The Affordable Care Act, also known as Obamacare, is funded in part through higher taxes on the rich, including a 3.8 percent tax on investment income and a 0.9 percent payroll tax. Both of these taxes apply only to people earning more than $200,000 (or couples making more than $250,000). The GOP replacement bill would eliminate these taxes, although the latest version leaves the payroll tax in place through 2023.

The House bill would also repeal the tax penalty for those who fail to buy insurance as well as various taxes on insurance companies, drug companies and medical device makers. The GOP bill also delays the so-called “Cadillac tax” on high-end insurance policies from 2020 to 2025.

All told, the bill would cut taxes by about $765 billion over the next decade.

The lion’s share of the tax savings would go to the wealthy and very wealthy. According to the Tax Policy Center, the top 20 percent of earners would receive 64 percent of the savings and the top 1 percent of earners (those making more than $772,000 in 2022) would receive 40 percent of the savings.

Help for the poor reduced

Over time, the GOP bill would limit the federal contribution to Medicaid, while shifting control of the program to states. Depending on what happens to costs, states may be forced to provide skimpier coverage, reduce their Medicaid rolls, or both. The Congressional Budget Office estimated that an earlier version of the bill would leave about 14 million fewer people covered by Medicaid by 2026. (The House voted on the current bill without an updated CBO report.)

CBO also anticipated fewer people would buy insurance through the individual market. With no tax penalty for going without coverage, some people would voluntarily stop buying insurance. Others would find coverage prohibitively expensive, as a result of changing rules governing insurance pricing and subsidies.

The GOP bill would allow insurance companies to charge older customers up to five times more than younger customers — up from a maximum 3-to-1 ratio under the current health law. The maximum subsidy for older customers in the GOP plan, however, is only twice what is offered to the young.

The bill also allows insurance companies to offer more bare-bones policies. As a result, young, healthy people could find more affordable coverage options. But older, sicker people would likely have to pay more.

In addition, because the subsidies offered in the Republican plan don’t vary with local insurance prices the way subsidies do in Obamacare, residents of high-cost, rural areas would also suffer. That could include a large number of Trump voters.

A Vote To “Harm Millions of Americans:” Study Released Today Predicts Disaster With TrumpCare.

DailyKos

A Vote To “Harm Millions of Americans:” Study Released Today Predicts Disaster With TrumpCare.

By Dartagnan    May 04, 2017

Republicans working hard to screw millions of Americans out of their health care

David Leonhardt of the New York Times draws our attention to a Harvard study being released today that reveals just how harmful a “health care” package the Republican House and Donald Trump are about to foist on the American public. It is one that will raise premiums and prompt millions to opt instead to go uninsured, further driving prices up for everyone.

The study is based on an analysis of Massachusetts’ subsidized exchange health insurance system system. Put simply, it shows that when even relatively modest premium cost increases are imposed on lower income individuals, they tend to choose to go uninsured, preferring to stick to “emergency room” treatment.

The Massachusetts method allocates subsidies to lower-income people by separating them into categories of income—a family making  $ 44,701 per year, for example, can end up paying several hundred dollars more per year then someone making $44,699.  It’s not a perfect or even wholly equitable system, but it has the virtue of being well-studied. The clear-cut thresholds of income-based premium costs that result from the Massachusetts system provide an opportunity to analyze people’s behavior in a more straightforward way, with fewer variables and more reliable results.

What the Harvard study clearly shows is even a slight price increase in premiums will make lower-income folks disinclined to sign up. And if that sounds obvious, it should. All this new study does is back it up with hard data:

Why? Partly because people know that they have an alternative. They can instead rely on last-minute emergency-room care, in which hospitals typically treat them even if they lack insurance. Such care is problematic: It tends to be expensive, raising costs for other patients, and it’s often not as good as preventive care. But many poorer families choose E.R. care over taking money from their stretched budgets for health insurance.

The Republican plan being voted on today will increase costs to low income individuals not just a little, but significantly. Most affected will be lower-income, older Americans because of the way the system is designed—tax credits based primarily on age, not geographic area or ability to pay. That is a major distinction between the Republican plan and The Affordable Care Act (“Obamacare”), and its impact will be staggering, because for low-income, aged individuals only the very sick (and desperate) will be willing to pay those premiums. According to the three authors of the Harvard study—one of whom, Amy Finkelstein of MIT, is regularly touted by such conservative outlets as the Wall Street Journal– the rest will largely opt out of the entire system:

“When premiums go up, it’s the healthier enrollees who drop out,” said Amy Finkelstein of M.I.T., another author of the study.

The implications of the Harvard study on what the Republicans are voting on today are even more ominous than the already damning analysis of the Congressional Budget Office, which predicted that the Republican plan will kick 24 million people off of their health insurance:

[T]he magnitude of the new results suggests the C.B.O. estimates of insurance losses were conservative. Nathaniel Hendren of Harvard, the paper’s third author, said that the Republican proposal would effectively end enrollment in the insurance markets for families that make less than $75,000 a year.

So this is what the Republicans are voting to do to the American public today. Their prime—indeed their only– motivation for this is to cut the same taxes on multimillionaires that permitted Obamacare’s success in providing millions of Americans with good health care coverage . As Leonhardt notes:

The Republican health bill is simply a bad bill. It’s been blasted by conservative and liberal health experts, as well as groups representing patients, doctors, nurses and hospitals. Above all, the bill cuts health benefits for the poor, the middle class, the elderly and the sick, and it funnels the savings to tax cuts for the rich.

The Republican health care bill is a recipe for disastrous, out-of control premium hikes for millions.  Unfortunately for all of us, the GOP Party leadership has secured just enough “yes” votes to make its passage probable today, while sparing so-called “moderate” members of their caucus the political consequences and allowing them to vote “no.”

But those “moderate” Republicans own this as much as their colleagues, because this act of violence against Americans in taking away a system (“Obamacare”) already proven to work has been the longstanding, explicit policy of their Party leaders, whom they eagerly voted into that position.  And the pain it causes will affect all Americans, including ones who live in so-called “moderate” Republican Districts:

The bill could cause more people to lose insurance than previously predicted and do more damage to insurance markets. The $8 billion sweetener that Republicans added to the bill on Wednesday would do nothing to change this reality. President Trump and Speaker Paul Ryan are continuing to push a policy that would harm millions of Americans.

Americans must remember that in 2018, when it will be time to pay back the GOP for what it did today.

House Republicans are hell-bent on ripping away our health insurance. Call your member of Congress at 202-224-3121, and demand they vote NO on a renewed Trumpcare that is worse than the one before. Remind them they work for you.

If you have trouble getting through or their “mailbox is full,” you can work through AARP (which vehemently opposes this Bill) to connect you to a live person to answer: AARP’s #: 844-259-9352.

After announcing her retirement, one GOP congresswomen is torching the GOP health care plan.

DailyKos

After announcing her retirement, one GOP congresswomen is torching the GOP health care plan.

By Jen Hayden    May 04, 2017

U.S. Rep. Ileana Ros-Lehtinen (FL-27) recently made a surprise announcement that she will be retiring, not seeking re-election in 2018. Perhaps that has freed her up to speak the truth about the impending disaster of a massive tax cut for the wealthy, stealthily disguised as a health care plan , because today she issued a statement saying she intends to vote against the Trumpcare AHCA bill. Rep. Ros-Lehtinen plainly says this bill “fails to prove for the needs of my constituents” and has the “potential to severely harm the health and lives of people in South Florida.” Read her statement and see why she isn’t just a no, she’s a HELL NO:

“Despite amendments and changes, the AHCA still fails to provide for the needs of my constituents. I will not support a bill that has the potential to severely harm the health and lives of people in South Florida and therefore I remain steadfast in my commitment to vote NO on the AHCA. The recent addition of further funds to high risk pools continues to be inadequate and fails to cover those who need it most. If enacted, the older and poorer South Floridians will be worse off and will find it more difficult to obtain quality healthcare. My constituents should not have to take a step backward in their ability to obtain treatment for any illness and thus, I will vote NO.”

Too bad her colleagues are caving right and left, ignoring the will and the needs of their constituents. The midterm elections take place on November 6, 2018. We have 551 days to get these bums out of Congress and restore our health care protections.

Here’s what you need to know about preexisting conditions in the GOP health plan

Washington Post, Fact Checker

Here’s what you need to know about preexisting conditions in the GOP health plan

By Glenn Kessler    May 4, 2017   

Inside the messy, last-minute rush for the GOP health-care plan

With House Republicans prepared to take a vote Thursday on yet another version of a plan to overhaul the 2010 Affordable Care Act, attention has been especially focused on whether Obamacare’s popular prohibition against denying coverage based on preexixting medical conditions will remain in place. Republicans, from President Trump to lawmakers pushing for the bill, insist that it remains intact, just in different form. Democrats and opponents of the bill say the guarantee is gone or greatly weakened.

The reality is more nuanced and complicated, as is often the case in Washington policy debates. Despite Ryan’s tweet that people with preexisting conditions are protected, there is no guarantee that they will not face higher costs than under current law. The impact of recent tweaks to the proposed legislation is especially unclear because lawmakers are rushing ahead without an assessment by the nonpartisan Congressional Budget Office. So here’s The Fact Checker’s guide to the debate.

What’s the issue?

Before the Affordable Care Act, insurance companies could consider a person’s health status when determining premiums, sometimes making coverage unaffordable or even unavailable if a person was already sick with a problem that required expensive treatment. The ACA prohibited that, in part by requiring everyone to purchase insurance.

But that “individual mandate” was unpopular and Republicans would eliminate that requirement in their proposed American Health Care Act. As a replacement, the AHCA initially included a continuous coverage provision that boosted insurance rates by 30 percent for one year if he or she has a lapse in coverage. (We explored this interaction between the provisions earlier.)

As part of an effort to attract more votes, Republicans have added an amendment, crafted by Rep. Tom McArthur (R-N.J.), that instead allows states to seek individual waivers from the law. One possible waiver would replace the continuous coverage provision so that insurance companies for one year could consider a person’s health status when writing policies in the individual and small group plan markets. Another possible waiver would allow the state to replace a federal essential benefits package with a more narrowly tailored package of benefits, again limited to the individual and small-group markets.

The theory is that removing sicker people from the markets and allowing policies with skimpier options would result in lower overall premiums.

Who would be affected?

If the law passed, a person generally would not be affected unless they lived in a state that sought a waiver. Moreover, they would need to have a lapse in health coverage for longer than 63 days and they would need to have a preexisting condition. Finally, they would have to purchase insurance in the individual market, i.e., the health exchanges in Obamacare that currently serve about 18 million Americans.

Someone who got their insurance from an employer – and that’s most Americans (155 million) – presumably would not be affected, though the CBO did project that under the initial version of the AHCA 7 million fewer people would be covered by employers than under current law by 2026.

Then, for a period of one year, a person who fell into this category would face insurance rates that could be based on their individual condition. But states that seek a waiver are required to operate a risk mitigation program or participate in what is called an invisible risk sharing program. Alaska currently has such a program that helps cover the bills for one of 33 conditions (such as HIV/AIDS or metastatic cancer). The individual with the condition still submits bills to the insurance company, which then turns around and bills the state. But then the insurance company does not consider the cost of this care as part of its calculation for premiums to other individuals in the state.

All told, the AHCA would allot $138 billion over 10 years for a variety of funds that would seek to keep premiums lower or to assist with cost-sharing. Just this week, $8 billion over five years was added to the pot to woo wavering lawmakers, with the idea that the additional funds could be used for so-called high-risk pools. Many states had such pools to help people with preexisting conditions before the ACA. But the proposal does not require a state with a waiver to set up such a pool.

What could go wrong then?

There are many uncertainties about this path. The health insurance market has a lot of churn, so many people may experience a gap in coverage of just a few months. One estimate, by the Commonwealth Fund, indicated that 30 million adults would have had such a gap in 2016, potentially exposing them to a surcharge or being placed in a high-risk pool. On top of that, the Kaiser Family Foundation estimated that 27 percent of the people in the individual market have existing conditions that would have been uninsured before the ACA.

The AHCA eliminates cost sharing and offers a stingier tax credit to defray premium costs, likely resulting in higher overall health costs that may make insurance unaffordable for many people. (The CBO projected that 24 million more people would be without health insurance than under current law by 2026.)

Then, if people get sick, they may suddenly find themselves for a year being priced on their illness if they live in a state that sought a waiver. Depending on the approach taken by a state, some people might find it difficult to keep up their coverage for a full year before they qualify for prices at the community rate.

A big question is whether the funding to cover these folks is adequate. High-risk pools were big money losers and underfunded in the pre-Obamacare days, even though many had restrictions, high premiums and waiting lists. A $5 billion federal pool, established by the ACA as a bridge to the creation of the exchanges in 2013, covered about 100,000 people but was suspended when it ran out of money.

The Center for American Progress, a left-leaning group that opposes the AHCA, produced an analysis that indicated that even with the additional $8 billion, the maximum enrollment the AHCA’s funds would cover is about 700,000 people. If just 5 percent of the people currently in the individual market ended up in high-risk pools – and all states sought a waiver – that would overwhelm the proposed funding.

Avalere Health, a consulting firm, said in an analysis that $23 billion is specifically allocated in the bill for helping people with pre-existing conditions. That would cover about 110,000 people. If states allocated all of the other available funding, that would cover 600,00 people. “Approximately 2.2 million enrollees in the individual market today have some form of pre-existing chronic condition,” the analysis said.

When states had high-risk pools, people in those pools represented just 2 percent of the non-group health insurance participants. But given the limitations of those funds, that percentage may not be a good guide for what would happen under the AHCA.

Whenever health-care laws are changed, there are unknown and unintended consequences. The current system does not take into account a person’s health status when assessing premiums. But, as a Brookings Institution analysis suggested, under the AHCA’s provisions, healthy people might have an incentive to join plans based on health status. That would leave sicker people in the community rated plans, which in turn would face higher premiums. Over time, that could make the community rating meaningless. Another possible outcome: If the pool of money is used to pay insurance companies for the difference in costs for patients with preexisting conditions, there may be little incentive for companies to keep their prices low; the difference would be made up by U.S. taxpayers.

The Bottom Line

When it comes to health care, readers should be wary about claims that important changes in health-care coverage are without consequences and that people are “protected” – or that the changes will result in massive dislocation and turmoil. There are always winners and losers in a bill of this size. In this case, if the bill ever became law, much would depend on unknown policy decisions by individual states – and then how those decisions are implemented.

How the Affordable Care Act Drove Down Personal Bankruptcy

Consumer Reports

How the Affordable Care Act Drove Down Personal Bankruptcy

Allen St. John, April 24, 2017

As legislators and the executive branch renew their efforts to repeal and replace the Affordable Care Act this week, they might want to keep in mind a little-known financial consequence of the ACA: Since its adoption, far fewer Americans have taken the extreme step of filing for personal bankruptcy.

Filings have dropped about 50 percent, from 1,536,799 in 2010 to 770,846 in 2016 (see chart below). Those years also represent the time frame when the ACA took effect. Although courts never ask people to declare why they’re filing, many bankruptcy and legal experts agree that medical bills had been a leading cause of personal bankruptcy before public healthcare coverage expanded under the ACA. Unlike other causes of debt, medical bills are often unexpected, involuntary, and large.

“If you’re uninsured or underinsured, you can run up a huge debt in a short period of time,” says Lois Lupica, a bankruptcy expert and Maine Law Foundation Professor of Law at the University of Maine School of Law.

So did the rise of the ACA—which helped some 20 million more Americans get health insurance—cause the decline in bankruptcies?

The many experts we interviewed also pointed to two other contributing factors: an improving economy and changes to bankruptcy laws in 2005 that made it more difficult and costly to file. However, they almost all agreed that expanded health coverage played a major role in the marked, recent decline.

Some of the most important financial protections of the ACA apply to all consumers, whether they get their coverage through ACA exchanges or the private insurance marketplace. These provisions include mandated coverage for preexisting conditions and, on most covered benefits, an end to annual and lifetime coverage caps. Aspects of the law, including provisions for young people to be covered by a family policy until age 26, went into effect in 2010 and 2011, before the full rollout of the ACA in 2014.

“It’s absolutely remarkable,” says Jim Molleur, a Maine-based bankruptcy attorney with 20 years of experience. “We’re not getting people with big medical bills, chronically sick people who would hit those lifetime caps or be denied because of pre-existing conditions. They seemed to disappear almost overnight once ACA kicked in.”

The first attempt to repeal and replace the ACA, in March, failed to gain enough Congressional support and never came to a vote.

Then in April, details of a new replacement plan were released. Although President Donald Trump has said that this new version, like the first bill that was pulled from consideration, will cover pre-existing conditions, the revised law gives states broad latitude to allow insurance companies to increase rates for consumers with an existing illness.

Since the start of the year, more than 2,000 consumers have answered an online questionnaire from Consumer Reports’ advocacy and mobilization team, sharing their experiences with the ACA. Katie Weber of Seattle was one of them.

In 2011, she had just landed her first job out of college, as a teacher with AmeriCorps, she explains in a phone interview. That’s when the unusual numbness in her hand began, which she—and her doctor—at first mistook for a pinched nerve. Then came debilitating headaches and nausea and, ultimately, a diagnosis of medulloblastoma, a fast-growing cancerous brain tumor.

The treatment for her tumor was straightforward: surgery, radiation, then chemotherapy. Figuring out how to pay for it was much less clear. She worried that the insurance she had through AmeriCorps wouldn’t cover enough of her bills.

“My dad said to me, ‘Your health is the most important thing. If you have to declare bankruptcy at age 23, it’s no big deal,’” Weber says.

Because of the ACA, she says, it never came to that. After her year with AmeriCorps, the new healthcare law enabled her to get coverage under her parents’ insurance plan.

The ACA provisions required that the family’s insurance company cover her even though she had already been diagnosed with cancer. That would not have been the case before the ACA, which mandates the coverage of pre-existing conditions for all consumers.

Later, when she aged out of her parents’ insurance, Weber was able to enroll in Apple Health, Washington state’s version of Medicaid, a program that was expanded once the ACA was passed. That coverage, she says, has been crucial to her financial and medical well-being, especially once the cancer returned last fall.

Weber says she now spends more time discussing treatment options and less time worrying how she’ll pay for MRIs and drugs. These are covered in full under her Apple Health policy.

“Cancer is really expensive,” she says. “My insurance saved my life.”

Numbers Plummet

If you want further testimony about how much personal bankruptcies have dropped over the past decade, talk to Susan Grossberg, a Springfield, Mass., attorney.

For more than 20 years she has helped consumers push the financial reset button when debt triggered by divorce, unemployment, or a costly illness or medical episode became too much to handle. “Medical debt can get really big really quickly,” Grossberg says. “When you’re in the emergency room they’re not checking your credit score while they’re caring for you.”

With the advent of the ACA—and before that, expanded state healthcare in Massachusetts—she says fewer clients with large medical debts walked through her door.

Grossberg adds that her bankruptcy business has slowed so much that she has been forced to take on other kinds of legal work—landlord-tenant and housing discrimination cases—to cover her own bills.

The American Bankruptcy Institute suggested that veteran Chicago bankruptcy attorney and trustee David Leibowitz could also help parse the reasons for the decade long decline.

First, he says, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 made it more difficult for consumers to file for bankruptcy. The law required credit counseling and income verification and forced many consumers to seek protection under Chapter 13, which restructures, but does not eliminate, most debt. The piles of paperwork also meant most filers needed a lawyer, which made bankruptcy more costly and therefore not an option for many poor consumers.

Then there was the economy. After a slow and steady recovery following the housing crisis of 2008, Leibowitz explains that American consumers generally had fewer problems with their mortgages, better employment prospects, and greater access to credit, which made them less likely to file.

The final factor, according to Leibowitz, has been the ACA, which afforded health coverage to many more consumers and expanded protections for all.

Of course, not everyone sees such a direct connection between the decline in bankruptcies and the emergence of the ACA.

Thomas P. Miller, resident fellow at the American Enterprise Institute and co-author of “Why ObamaCare is Wrong for America” (HarperCollins, 2011), cautioned against “reaching broad conclusions” because the subject is so complex.

“Certainly there are fewer people declaring bankruptcy, and certainly fewer are declaring bankruptcy because of healthcare spending,” he says. But his earlier research suggested that some studies exaggerated the degree to which high healthcare bills cause bankruptcies. “They tended to reflect other problems with credit card balances well beyond healthcare,” he says. “It stems from multiple causes.”

Figuring Out Why

Over the past decade, determining the cause-and-effect relationship between medical debt and bankruptcy has become a political football, particularly during the years the Obama administration was trying to pass the ACA through Congress.

The truth is that it’s not that easy to determine how many bankruptcies are caused by medical debt. Examining the paperwork doesn’t always offer insight because debtors often juggle their indebtedness, for example, using a credit card to pay an outstanding medical bill while leaving other debts unpaid.

But a 2014 study from Daniel Austin, a bankruptcy attorney and, at the time, a professor at the Northeastern University School of Law, offers some of the most in-depth research to date.

Austin and his team selected a nationwide group of 100 bankruptcy filers meant to represent a cross-section of the U.S. population, studied their paperwork, then followed up with a survey asking filers, basically, “Why?”

His team’s research found that medical debt is the single largest factor in personal bankruptcy. First, Austin analyzed the paperwork of individual case files, which suggested that medical bills were a factor in 18 percent of filings. But when he directly asked the same filers, in a survey, the number was even higher, with 25 percent citing medical bills as a factor in their decision to file bankruptcy.

In addition to the nationwide group, Austin isolated a group of 100 bankruptcy filers from Massachusetts. Why Massachusetts? Because its citizens, starting in 2006, had been covered by a comprehensive state healthcare program similar to the ACA known as Romneycare, after the state’s former governor, Mitt Romney.

The differences between the two groups were striking. Even though the Massachusetts filers owed substantially more in unsecured debt (that is, debt not backed by a home, a car, or another asset) than their counterparts in other states, they reported less than half as much medical debt, which is also unsecured.

“The average medical debt in Massachusetts in 2013 was relatively low at just $3,041 (6 percent of total unsecured debt) compared to $8,594 (20 percent of total unsecured debt) nationwide,” Austin writes in his 2014 study, portions of which were published in the Maine Law Review.

“Only about 9 percent of Massachusetts debtors felt their bankruptcy filing was a result of medical bills,” Austin explains. “This compares to 25 percent for debtors from [other] jurisdictions.” Austin’s research found that comprehensive medical coverage in Massachusetts had all but eliminated medical bills as a cause for bankruptcy.

“Not only in absolute numbers—they had much smaller medical debt—but psychologically, medical debt did not loom nearly as large for people in Massachusetts as it did for other people in other states.” And in 2010, four years after Romneycare began, the state had a bankruptcy rate that was about 30 percent lower than that of other states.

In Search of Certainty, Consistency

At its most basic level, health insurance allows consumers to pay for the medical care they need. Each year, the Centers for Disease Control and Prevention determines how well the system is working by surveying Americans and asking a simple but powerful question: Did you have problems paying medical bills in the last 12 months?

The percentage of those reporting problems has dropped from 21.3 percent of households when they first asked the question in 2011 to 16.2 percent in 2016. That’s almost 13 million fewer Americans no longer facing collection notices from a doctor or hospital.

“It’s been happening across the board, by race, by age, by insurance status, by gender,” says Robin Cohen, the study’s lead author.

But insurance is also about peace of mind. And judging from the consumers who have shared their stories with Consumer Reports, that certainty is in short supply as the fate of the ACA is decided. People are wondering what comes next: Repeal? Replace? Improve? Retain and neglect? No one really knows the answer. Americans are concerned about how the future of healthcare will affect them and their families.

In CR’s Consumer Voices survey in January 2017, 55 percent of consumers said they lacked confidence that they or their loved ones would be able to afford insurance to secure that care.

Don Shope of Ocean View, Del., said the availability of ACA coverage gave him the confidence to leave a corporate job and start his own consulting business. But now, with the ACA’s future in limbo, he and his wife are watching the action in Washington and worrying that they might have to return to jobs with benefits.

“I’m not a liberal or a conservative, a Democrat or a Republican,” Shope said in a phone interview. “Our biggest concern is that with repeal and replace we’re going to be left high and dry.”

He also believes in expanded health coverage for all. “If any American is sick, we should be willing to take care of them,” Shope says. “It’s the right thing to do. Economics and profit shouldn’t be part of the healthcare equation.”

Hanging On Every Dip and Turn

And then there’s Kristin Couch, who has channeled the uncertainty into her own brand of activism.

“I was kind of anxious,” Couch says about the day in March when Congress was set to vote on a less robust bill that would replace the ACA.

The 31-year-old public relations executive, of Gainesville, Ga., has started to follow health-care politics in the intense, almost obsessive way some people follow sports. The morning after Election Day, she called the offices of her local congressional representatives, urging them to preserve the protections the ACA offers.

Couch began caring about healthcare as a high school senior when she was diagnosed with lupus and since then has become something of a reluctant expert on how to manage not only her treatment but also the insurance that pays for it.

With friends and neighbors she talks about the law in simple but personal terms. “I tell people, ‘I have a pre-existing condition, and this has helped me,’” she says of the ACA. Couch follows the healthcare debate in Washington so closely because she knows firsthand what happens when you don’t have adequate coverage.

Couch remembers the time, before the ACA, when a new immuno-suppressive drug that wasn’t covered by her policy became available. “It was expensive,” she explained in an interview, “but it worked, and I knew I needed it. Every month I’d just put it on a credit card. When your medication is thousands of dollars a month, that’s the start of being in debt.” She considered bankruptcy but ultimately worked her way out from under the pile of medical bills.

As a result of the ACA, her coverage shifted again when her employer no longer offered a traditional plan and she had to switch to one with a high $3,000 deductible. Initially she was stunned by her out-of-pocket costs, but she quickly realized that her total costs would be capped once she’d met that threshold.

“It seemed scary and it seemed different,” she explains. “But it actually saved me money.” And now, she says, “I don’t have to worry about how much a new drug costs.”

So on the March day the House of Representatives was supposed to vote on repealing the ACA, she worried that the insurance she’d come to depend on was about to be yanked away. Only after emerging from a client meeting did she learn the vote had been canceled. “I started crying I was so happy,” Couch recalls. “It’s like a weight has lifted.”

But Couch’s relief was short-lived. Now she’s back to paying close attention to the rhetoric and vote-counting deals in Washington, awaiting another possible vote on the newly revised plan. “I’m still optimistic,” she said this week. “I think enough people will stand up and fight for the coverage.”

Consumer Reports, Inc.