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Turning the Tables
The Senate’s passage of the “Class Action Fairness Act” (CAFA) last week showcased two of the Republicans’ most successful strategies for dominating political debate – Unopposable Utterances and Opposite Attractions. With the GOP stranglehold on the White House and Congress, it is high time the Democrats fought back using the very same weapons against them.
But first a little background. The first of the Bush administration’s troika of tort reform initiatives (malpractice award caps and Asbestos litigation curbs are the others), the Act severely limits the ability of citizens to file class action lawsuits in state courts. Applauded by business interests like MassMutual, CAFA is far from fair to American consumers. And therein lies its genius of this legislation. Designed to achieve a policy outcome that is the polar opposite of what its friendly and unobjectionable name suggests, the Class Action Fairness Act enjoys widespread support.
Democrats need to turn the tables to counter the Republicans’ Slippery Slopes (i.e. Partial Birth Abortion, Unborn Victims of Violence Act), Unopposable Utterances (i.e. Death Tax, Marriage Penalty, School Choice, Double-Taxation) and Opposite Attractions (i.e. Clear Skies, Healthy Forests, Paycheck Protection). With Senate Minority Leader Harry Reid’s label of “Birth Tax” for Bush’s Social Security privatization scheme, there are at least are at least hopeful signs for improved marketing of Democratic messages.
Perrspectives would like to offer Democrats a broad range of slippery slope proposals of their own:
Ronald Reagan Life Legacy Act
This legislation would honor the late president, a victim of Alzheimer’s disease, with major federal investments in institutions and companies seeking a cure. The five-year, $20 billion program would provide funds for new embryonic stem cell research and other promising approaches for Alzheimer’s and other neurological disorders. Regional Reagan Research Centers would be set up building on existing university and private sector programs, including in Ohio, Florida, North Carolina, New Mexico and other key (red) states. “Morning in America” grants would also be available to researchers throughout the United States.
Terrorism Emergency Linguistics and Language Act (TELL Act)
This legislation would address one of the most critical areas of vulnerability for the American military, intelligence services and homeland security agencies: the dangerous shortage of translators and linguistic experts. To quickly expand the ranks of those fluent Arabic, Farsi, Pashtun, Urdu, Chinese and other languages in the U.S. military, all prohibitions against gay translators would be ended. The TELL Act would be grandfathered, reinstating service eligibility to or providing honorable discharges for the 73 gay linguists who have been forced from the Armed Forces since 1998, including the 37 since 9/11.
“Open Roads” or The Freedom to Drive Act
The Freedom to Drive Act would protect the right of Americans to make choices about their vehicles and driving destinations as they see fit. With the goal of ensuring American national energy independence by 2020, FTD would provide venture funds for both research for and market delivery of new energy products and technologies. The program would also be self-funding; American consumers would pay “Liberty Levies” of up to $1,000 for the purchase of vehicles failing to meet new Federal targets for fuel efficiency. New car buyers could also receive “Freedom Tax Credits” for the purchase of vehicles exceeding the MPG guidelines.
“Long Lives” (The Strom Thurmond African-American Life-Expectancy Fairness Act)
In the debate over Social Security reform, President Bush has highlighted the inequity of the program due to shorter life expectancy for African-Americans, especially men. To address this fundamental unfairness, Long Lives provides funds for programs that provide better health care, education and development for African-American communities. From an expanded CHIPS program, day care, after school activities and night basketball leagues to drug treatment, prison education programs and more, the Act would address the core causes of reduced African-American life expectancy.
Care for American Soldiers and Heroes Act (CASH)
To support our troops and their families, CASH would provide help from the federal government. All families of American servicemen and women who lost their lives during the Afghanistan and Iraq wars would receive a “Grateful Nation” death benefit of $250,000 (roughly one-eighth of the payout to 9/11 families). A new “First Choice for First Responders” program would allow the families of soldiers, policemen, firefighters, hospital personnel and other first responders to purchase prescriptions drugs at deeply discounted rates negotiated directly with pharmaceutical companies by the Department of Veterans Affairs.
“Healthy Markets”
The President and the GOP are concerned about the impact of rising malpractice awards on health care costs and the impact on American health care consumers. With a “Healthy Markets” compromise, jury awards would be capped (though at higher levels than debated by Congress) and malpractice premiums lowered in exchange for a new regulatory regime and complete information disclosure from doctors, dentists and hospitals. Just let the market decide: give consumers access to full information about health care providers, let state regulators sanction abuses, and the bad doctors, poor performing hospitals and fraudulent expert witnesses will be weeded out.
Canada Drug Safety Act
Democrats should support a Canada Drug Safety Act to address the Bush administration’s concerns over the safety of Canadian prescription drugs entering the United States. The Act would eliminate American demand for cheaper Canadian prescription drugs by empowering the Secretary of Health and Human Services to negotiate lower prices directly with pharmaceutical companies.
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