Why We Ask: Our mission and operations are funded 100% by conservatives like you. Please help us continue to extend Liberty to the next generation and support the 2024 Year-End Campaign today.

January 19, 2011

On Rule by Experts

Buried in the mass of directives issued by the new head of the Center for Medicare and Medicaid Services was a little ol’ regulation putting the government in the business of end-of-life consultations. Or what Sarah Palin in one of her unseemly flights of candor referred to as “death panels.” But as soon as this regulation came to light, and the public reacted, not at all favorably, it was the regulation whose end had to be hastened.

It’s not just that the new provision was issued without the approval of Congress – indeed, Congress refused to pass it after strenuous objections were voiced – but the official who issued it, Dr. Donald Berwick, didn’t have to win congressional approval himself.

Buried in the mass of directives issued by the new head of the Center for Medicare and Medicaid Services was a little ol’ regulation putting the government in the business of end-of-life consultations. Or what Sarah Palin in one of her unseemly flights of candor referred to as “death panels.” But as soon as this regulation came to light, and the public reacted, not at all favorably, it was the regulation whose end had to be hastened.

It’s not just that the new provision was issued without the approval of Congress – indeed, Congress refused to pass it after strenuous objections were voiced – but the official who issued it, Dr. Donald Berwick, didn’t have to win congressional approval himself.

Dr. Berwick’s was a recess appointment, which means he didn’t have to subject his record to the kind of scrutiny other presidential appointees get. So his views didn’t attract much public attention until he had taken office and started issuing edicts like this one. Call it a stealth regulation from a stealth appointee.

Daniel Henninger of The Wall Street Journal went through a number of the good doctor’s speeches, and came up with a number of quotes that would surely have raised warning flags if they’d come to public attention in the course of confirmation hearings. But there were no hearings. If there had been, the good doctor’s ideas about how to improve American health care would have appealed only to those who believe in government of, by and for experts. Consider these gems:

“I cannot believe that the individual health care consumer can enforce through choice the proper configurations of a system as massive and complex as health care. That is for leaders to do.”

“Indeed, the Holy Grail of universal coverage in the United States may remain out of reach unless, through rational collective action overriding some individual self-interest, we can reduce per-capita costs.”

“A progressive policy regime will control and rationalize financing – control supply.”

“Young doctors and nurses should emerge from training understanding the values of standardization and the risks of too great an emphasis on individual autonomy.”

The emphasis in all these statements is certainly not Dr. Berwick’s. Indeed, by avoiding confirmation hearings, he avoided emphasizing any of his views. Just as he kept this new Medicare regulation under his hat till he was ready to spring it on the country. Why let the rest of us know? It’s only a matter of life and death. And when it comes to such things, doctor knows best. At least if he’s the doctor.

Anyone reading Dr. Berwick’s statements has to be struck by his pervasive suspicion of individual autonomy and his enthusiasm for rule by experts like himself. (Patients just get in the way.) He seems oblivious to the oxymoron inherent in the concept, rational collective action. A mob, after all, is a collective, but that scarcely makes it rational. The doctor slips into euphemism by habit, preferring to control supply rather than ration health care, which is what controlling its supply amounts to.

Dr. Berwick is representative of the Culture of Expertise that abhors individual choice (irrational!) and so would turn over such decisions to an elite of experts. He sounds like the very embodiment of the new paternalism that comes with a populist gloss.

Ortega y Gassett, the Spanish philosopher, essayist and thinker in general, saw all this coming. He called it the barbarism of specialization, and Dr. Berwick’s specialty is medical cost-accounting. He is all too typical of a whole bureaucratic class. This species of barbarian has a title on the door, graduated from an Ivy League university, and couldn’t write a sentence in clear, simple English prose if his life depended on it. Government offices and the halls of academe are full of such.

As for the elite that Donald Berwick would entrust with decisions about our health care, it need hardly be said that he and like-minded colleagues would compose it, they being the leaders whose business it is to make decisions for the rest of us, the poor uninformed, self-interested multitude. The doctor he brings to mind most is Dr. Strangelove.

Those of us who would prefer to make our own decisions, thank you, only disturb Dr. Berwick’s well-ordered, efficient, standardized, rationalized, collectivized and above all impersonal system. His statistical sanitarium is geared to treat the average patient, who doesn’t exist. At least I’ve never met him, any more than I’ve met that other abstract concept, the average man. Have you?

With Dr. Berwick, it’s the numbers that count, not the kind of values that cannot be quantified, however real. Like life itself. There was something neither humane nor human about his turgid new directive. The good doctor is the very model of modern man in that respect, believing that what matters is the system, not the individual. And like modern man, he can be frightening to behold.

© 2010 TRIBUNE MEDIA SERVICES, INC.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.