Watchdog Blog

Maryland Doctors Cry "Wolf" Again!

Once again Maryland doctors are raising the specter that patients will be denied access to medical care because doctors will be leaving Maryland as the cost of medical liability insurance increases.  The last time they used this scare tactic they convinced the Assembly to subsidize their premiums.  Now as those subsidies are set to expire they’re back with the same tired threats. Citing an emerging doctor shortage, doctors are urging Assembly members to enact “tort reforms” designed to slam the court house door on injured patients.

First, claims of an emerging doctor shortage are not borne out by the facts.  A recent report to The Governor’s Task Force on Health Care Access and Reimbursement indicated that data collected from the American Medical Association and the American Osteopathic Association and adjusted on a consistent basis shows that Maryland has the 4th highest patient care physician to population ratio in the U.S.

Unsealing Safety

It would have been easy to miss a recent New York Times article about a class-action lawsuit brought by disgruntled consumers against Microsoft for misleadingly marketing Microsoft Vista as being ready for use on certain computers for which it was clearly not ready.  This case became more interesting when discovery led Microsoft to disclose a series e-mails to the company from some customers, who also happened to be Microsoft executives, documenting their own troubles with Vista. (Microsoft’s own Vice President in charge of Windows product management complained that incompatibilities with Vista turned his laptop into “a $2,100 e-mail machine[.]”)

Civil litigation serves the public good in a variety of ways: it helps to create accountability to the public in business, and deters potential bad behavior.  This case is also a prime example of how lawsuits increase transparency.  In the absence of formal legislative hearings, litigation gives the public a unique opportunity to peek into the inner workings of corporations that make obfuscation a routine business practice with the help of restrictive secrecy policies and high-powered PR masters.  Without a class action suit against Microsoft, the public likely never would have learned of the 200 or so e-mail messages and internal reports documenting the Vista marketing strategy and cataloging the various difficulties that Microsoft's own executives had with the program.

The Next President on Open Government

We’re all fed up with lengths to which the Bush Administration has gone to hide its business from public scrutiny.  But how open will our next president be?  Our coalition, the Sunshine Week alliance, asked all the presidential candidates to complete a survey in last October about their positions on open government and freedom of information issues. 

Of the remaining three candidates, only Sen. Hillary Clinton responded (read her answers here [pdf]).  To get the other candidates’ positions, a team of researchers poured over articles, speeches and debate transcripts, and any other records they could find.

Below are brief overviews -- read the complete findings here.

How to End Government Secrecy

Yesterday was the much-anticipated webcast on government secrecy and the newest online resources available for uncovering information (watch the archived event here).

Remember the checks and balances and our freedoms of speech and press?  They were written into the Constitution and Bill of Rights to ensure we had the tools to hold government accountable.

So, what happened?  How do you explain how the Bush Administration has gotten away with so much unnecessary secrecy over the past seven years?

Joan Claybrook Speaks Out on Secrecy

What are the effects of so much unnecessary secrecy in our government?  Joan Claybrook, President of Public Citizen, explains why it is a threat to democracy and what Congress needs to do about it:

An open and accountable government is a cornerstone of our democracy. As Americans, it is our right and our duty to know how government operates; transparency is one of the great checks we have against corruption and tyranny. Yet, during the past seven years, President Bush has gone to extremes to keep the workings of his administration in the shadows, away from public scrutiny.

Get Your Sunglasses - It's Sunshine Week

Today marks the beginning of Sunshine Week 2008!

It's long been painfully clear that the Bush Administration does not believe in an open democratic government.  It has used one ruse after another to keep information from the public -- from “national security” to “executive privilege” to plain old stonewalling.  That's why this Sunshine Week we are joining print, broadcast and online news media, civic groups, libraries, non-profits, schools and individuals interested in the public's right to know, to call on the federal government to end its campaign of secrecy.

Some events you should check out include:

• Tomorrow, March 18, Associated Press President and CEO Tom Curley will address Freedom of Information and other open government issues during a Sunshine Week dinner event at The National Press Club.  Learn more.
• This Wednesday, March 19, OpenTheGovernment.org, Public Citizen and others sponsor a free webcast from 1:00 to 2:30 pm EDT on excessive government secrecy. You can register to watch it here, or if you have a Facebook account, click here.
• On Thursday, March 20, the Sunlight Foundation and Omidyar Network are hosting a webcast of Prof. Lawrence Lessig, who will introduce a plan called "Change Congress," designed to increase congressional transparency.

Check out other events happening in D.C. and states across the country.

Also, be sure to urge you members of Congress to support our agenda for a more open, transparent government.

Bush, Sunshine and Apple Pie

What does it mean to have an open government?  As a catch phrase, it is appealing, like apple pie.  It seems especially American and downright fundamental: “a government by and for the people.”  It suggests that we are in power, and that through transparency we can avoid tyranny and oppression.

In truth, it is an ideal – one for which we are still reaching.  The Constitution, and the First Amendment in particular, provides the principles, but it has taken the efforts of many over two centuries to create a legal and practical framework for some transparency in government.  We might prefer that our elected officials spend their time pondering how to make the government more accountable to the people (instead of fundraising), but unfortunately, this is rarely the case.  Often we have gained more access through legislation, such as the Freedom of Information Act, enacted in response to some crisis of trust in our public officials.

Now is such a time.

A Win in the Senate!

Today the Senate passed the Consumer Product Safety Commission (CPSC) Reform Act by a vote of 79-13.  After about three and a half days on the Senate floor, the bill emerged a bit stronger than it was going into the week.  This is a real victory for consumers.  You can read our coalition press release here and my press statement here.

We hope to see more changes at the CPSC than this bill provides, but we'll leave those for another day.  Tonight, we can relax and celebrate a little!

Consumers Are Winning on Product Safety in the Senate

by David Arkush

Here's an update on the CPSC bill (S. 2663) on the Senate floor this week.  The short story is, consumers are doing very well in the Senate so far this week.  Here are some highlights:

• On Tuesday, pro-consumer senators fought off the first attack on a strong CPSC bill: an attempt to replace the current Senate bill with weaker bill that passed the House in December.  You can view our comparison of the House and Senate bills here.  The attempt lost 57-39.  Not only did this stop a broad frontal assault on the Senate bill; it showed that opponents of the bill cannot muster the 40 votes they would need for any major blocking action.

What is the Hold Up with Product Safety?

The Consumer Product Safety Commission (CPSC) has been "working on" several rules to ensure product safety since at least 2004 (two since 1994!). These rules cover hazards that the agency itself blames for more than 900 deaths and more than $460 million in property damage every year.

These unfinished rules would help protect the public from:

• Bed rails, crib slats and baby bath seats that can suffocate, strangle or drown infants;
• Excessively flammable upholstery, bed linens and clothes that are among the leading causes of fire-related death in U.S. homes; and
• Cigarette lighters that, by the CPSC’s own analysis, fail to meet an industry-created voluntary standard at least 60 percent of the time.

Current law requires the agency to produce a final rule within 14 months of adopting an Advance Notice of Proposed Rulemaking (ANPR), a standard the agency has met only once since President Bush took office in 2001. Since 1990, the CPSC has completed 38 rules; just four of those were during the Bush administration.

Public Citizen’s new report, “Held Back: Incomplete Consumer Product Safety Commission Rules, Class of 2007,” details each of the rules that are in development and the reasons for the delays.

The CPSC is hamstrung by rulemaking procedures that are far more burdensome than those of most federal agencies. The rulemaking procedure established by Congress during the Reagan era requires the agency to provide double the usual amount of notice and opportunity for public comment, to explain repeatedly why it is not deferring to industry’s voluntary proposals, and to prove that any rule imposes as little burden as possible on industry.

Moreover, the agency’s procedures call for it to halt any rulemaking if industry creates a voluntary standard that appears likely to address the problem – even though such voluntary standards are unenforceable. Not surprisingly, industry often derails the CPSC’s efforts by strategically adopting voluntary rules.

These problems point to the need for Congress to reform the CPSC to fulfill its mission of protecting the public from hazardous products.  The Senate is considering a bill now that would give the CPSC some much-needed muscle.  You can write your senators here now.

Learn more and read the report at www.ToyingWithSafety.org.