In the Democratic debates, Warren and Sanders favor Medicare for All (a public, single payer) while Biden and Harris and Buttigieg support different versions of “Medicare for All Who Want It” – the “Public Option” -- a competitive multiple payer model. It’s therefore worth looking at the performance of public plans in California.

GM workers are on strike for better pay, greater profit sharing and the end to lower pay and benefits for temp worker jobs. GM is trying to move towards cleaner, less polluting and higher gas efficiency motor vehicles. President Trump is revoking California’s waiver for cleaner air, less polluting vehicles and pursuing anti-trust actions against those car manufacturers working with California towards less pollution, fewer greenhouse gases and higher gas mileage.

The Constitution prohibits Presidential emoluments from foreign governments, from the US government or state governments. (Article 1, Section 9, Clause 8 and Article 2, Section 1, Clause 8) The purpose is to prevent government corruption. The prohibition against emoluments applies to other top government officials like members of Congress, Cabinet members and ambassadors, etc. “Black’s Law Dictionary defines an “emolument” as an “advantage, profit, or gain received as a result of one’s employment or one’s holding of office”. https://fas.org/sgp/crs/misc/IF11086.pdf

America’s democracy depends on truth, law and civility.  As American lawyers, we stand up for those values when they are attacked.  Our national political leaders must tell the truth, so the American people know what the facts are to evaluate proposed public policies and politicians’ behavior to hold their politicians accountable.  Adherence to the Constitution, laws and fundamental, American democratic principles and norms is essential to the fair and effective functioning of our government.  It enables the people’s elected legislators to determine the rules under which we live and to prevent abuse by any official.  Civil treatment of all people by government officials is essential to the American creed that “all men are created equal,” the core American belief in the dignity of each person.

The Trump Administration has alienated many of our most important and long standing allies in Europe, has further destabilized the Middle East and has cozied up to dictators in Russia and North Korea. The President has ruined long-standing trade relationships and alliances and weakened important advances in international law, such as the Climate Change Agreement and Nuclear Non-Proliferation Agreements with Russia and Iran. It will take some time and much effort for the next President to repair the damages he has wrought in such a short time in office.

Labor and capital are two sides of the same coin – a productive economy or a failed economy. Right now trade unions represent only 10% of American workers, down from over 1/3rd in the 50’s, and only about 6% of private sector employees. The union movement is weak, as we have entered a new Gilded Age of great and rising inequality in our society. We need to rebuild it.

When the next President takes office in 2021, the US economy, the federal budget and the vulnerable people and regions of America could be in dire straits. We know that the US will be running annual budget deficits of $1 trillion or more. We may be in a recession, its length or depth unknown; we don’t know whether it will hit the financial markets, the housing markets, manufacturing, agriculture energy or the service sector or all of the above. We may still be in a trade war with China, hiking the costs of many consumer goods by 15-25%. The lower income half of all Americans have still not fully recovered economically from the Great Recession, and younger generations are mired in student debt and unable to afford their first family home. The depth of economic distress in regions like the Appalachians and the Mississippi Delta may be continuing unabated or worsening. Manufacturing may still be in recession, and American farmers may still be in dire straits due to the trade war with China. Our allies and trusted trading partners may be few and highly alienated. Our trade deficit may be large and growing. Alternatively, the trade war may be over and the economy could be improving; let’s hope for the latter, but at least contemplate and be prepared for the former.

Immigrants built our nation; they contribute enormously to our economic successes. They are young, hard working, entrepreneurial, talented and immensely grateful for the opportunities to live in the US. They bring great value to our nation ranging from our nation’s farms to Silicon Valley.

 

President Trump has made his tough stance on legal immigration and undocumented immigrants the hallmark of his administration from his first speech calling Mexican immigrants rapists and murders, through the caged and separated children at the border to the most recent refusal to acknowledge citizenship for the children born abroad to naturalized citizen American service persons and diplomats who are serving their nation overseas. His get tough at the border policies have for the most part been failing and the numbers of people seeking asylum and being detained at the Southern US border have been increasing to their highest levels since 2000 on his watch.

The US Supreme Court decided in a 5-4 decision in late June, 2019 that extreme partisan gerrymandering is a “political question” to be resolved in Congress, state legislatures, state courts or state ballot initiatives, in other words anywhere but not in the federal courts.

Yes, we are headed for a recession, it’s a natural part of the business cycle, and we’ve been growing our way out of the Great Recession for the past 10 years. When will it hit us? No one really knows, the best guesses are some time in the next two years, more likely towards the end of next year although some commentators think we may already be there. The economic indicators suggest that the manufacturing sector is already in a mild recession.

US health spending per capita is twice that of virtually every other developed nation. Health costs are a function of price multiplied by use (utilization). Our use of health care services is on the low side as compared to most other nations, while our prices are on the very high side. To top it off, we don't get very good (in fact comparatively poor) outcomes on a range of health indicators from life expectancy to infant mortality.

Employment-based health insurance covers about half of all working age Californians. It has been steadily declining in relative importance for the past 40 years. During that time, many more Californians became uninsured, and the Medi-Cal program enrollment grew. Recently under the ACA, mid sized and large employers were required to offer coverage of the ten essential health benefits to their full time employees. Low, moderate and middle income uninsured employees were offered coverage through Medicaid (MediCal) and the Exchanges (Covered California) respectively depending on their income. Uninsurance rates were cut in half in California.

Douglass was born a slave on the Eastern Shore of Maryland; he was often badly beaten and semi-starved by cruel slave owners, their overseers and slave breakers. In an extraordinary odyssey, he became the pre-eminent African American speaker and leader, writer, editor and newspaper publisher in the twenty years of lead up to the Civil War and during its turbulent aftermath. During his long life of activism he faced every issue from racism and political corruption to misogyny and nativism to a retrograde Supreme Court, which we all must now confront and combat yet again in the administration of President Trump.