I want to build on Tamara’s good post from this morning on how to organize and defend when forced to and advance when possible.
The federal bureaucracy will be our friend. Right now the Trump team is being staffed by incompetents, grifters and Brietbart comment section heroes in too many high level, high profile locations. That means the federal civil service bureaucracy will either be micromanaged to death or if the political appointees know that they don’t know anything, they’ll be given quite a bit of loose guidance and a lot of freedom of action. And this is an area where we can have some success.
In October, I submitted a long comment to CMS for the NBPP 2018 rule. The core of the comment is a call for greater meaningful difference:
This new rule solves the current problems that are created by the current Meaningful Difference rule. Buyers will have far clearer choices when they actively shop on Healthcare.gov. The number of plans that can be offered for a geographic region and metal band will most likely be reduced. The reduction in plans will come from the removal of plans that are extremely similar to plans that will still be offered on Exchange. Finally, the removal of isomorphic clones will lead to higher enrollment and improvement of the risk pools as more individuals will find the post-subsidy premiums to be a better deal than paying the individual responsibility fee (individual mandate) penalty.
CMS released the final rule last Friday. The only reference to this comment was on p.178 where CMS brushed the suggestion off.
So that was not a win for me.
However, it is a point of leverage and pressure. If we are going to see technical staff have some technical freedom because their management won’t know what they are looking at, we can minimize the dumb or spiteful while getting some wins in the rulemaking process.
I’m going to get on Tim F’s beat — if you see something that the Federal government is doing that either intrigues you, pisses you off or touches on an area of specialized knowledge that you have, comment on the rule making. This letter took me three or four hours to write and revise with the other signers. It will be read, and it will be remembered by CMS technical staff as it engages them and it is not a mindless screaming of rage (from what I’ve heard, the EPA gets the best rage-grams.) Thoughtful, relevant responses that point to possible ways of accomplishing the mission of the agency in question will be read and they will be remembered. So please, do so
jacy
I heard today somewhere — maybe it was NPR, I’m not sure, had the kids in the car and it was kind of scrambled — that one big fear is there’s just going to be a rash of signing statements. Specifically, that whoever is pushing the levers, like Bannon, or whoever else, is just going to see how much shit they can destroy as quickly as they can, because there’s no real pushback on anything by anyone with any measure of control. The gist was that all normal rules of everything are sort of out the window. It was kind of alarming.
Richard Mayhew
@jacy: that might be the case, but let’s do what we can do
Stan
I urge all federal civil servants to keep quiet and do exactly as they are told. Disaster will surely follow. Then the next election……
jacy
@Richard Mayhew:
What’s the best way of becoming aware of what we can do? I’ve been networking with people loosely — but I feel kind of adrift. Do you have any suggestions for ways to either search out or be exposed to ideas or avenues where we might have some experience or knowledge that can be helpful?
Spanky (ex P-man)
@Stan: Uhhhh, you missed a step.
Fill in the blank:
1. Do exactly as you’re told to do
2. Disaster! Yay!
3. ??????????
4.
Profit!Electoral bliss!I’ll be happy if the next election is actually contestable, without half the country being disenfranchised.
Lyrebird
I’m no expert… I was pretty interested though in this LGM post commenting on a Slate article re: using ACT-UP as a model. Richard, it really fit in with your conversation in some ways, bc the authors were talking about having insiders who know their issue down into the weeds, bolstered by a larger group of folks willing to show up, stand up, and shout.
YMMV. I’m mostly giving “I donated to the ACLU/SPLC/Planned Parenthood fund for you” gifts this year…
Brachiator
@Richard Mayhew:
Enhanced Voting Techniques
@Stan: Indeed, typically with idiots like this pack sounds like the most vicious thing a subordinate can to is follow their instructions to the letter and sprit intended.
Enhanced Voting Techniques
@Spanky (ex P-man): Never had to deal with a control freak boss, you say?
Matt McIrvin
@Lyrebird: Gave some of those too. I feel clueless and cowardly and burdened with too much to lose. But I do have some money.
Yutsano
This is indubitably true for this member of the federal bureaucracy. And you’d be amazed how slowly things can run with the bureaucrats slowing things down. If there will be a lot of acting Secretaries (and something tells me there will be) those usually come from the bureaucracy itself. If The Yam gets a lot of his picks rejected (my prediction) then very little changes until Congress does things. And sometimes even the Secretaries run headlong into the rules making process and unless you know something about it beforehand life in government can hit you with reality pretty hard.
Woodrowfan
OTOH, one of my colleagues has a buddy in the DOJ Civil Rights division. Apparently there has been a lot of resume-preparing going on since November 8
germy
I usually avoid Oprah, but I want to watch the interview tonight with our FLOTUS.
CapnMubbers
PZ Myers has a call out for tonight: https://refusefascism.org/
randy khan
Speaking as someone who works with a chunk of the federal bureaucracy on a regular basis, the wheels do grind pretty slowly even when everyone is on the same page. It just takes a while to do stuff, particularly if you’re talking about changing rules that were adopted and are in effect. In some cases (such as the FCC), they can’t even really start the process of undoing what happened in the Obama Administration until Trump gets around to nominating commissioners and those commissioners get confirmed, which is a more complicated process than you might think.
And one thing that can get the attention of people writing rules is a significant public outcry. It is not an exaggeration to say that the final shape of the network neutrality rules at the FCC was changed by the huge number of public comments (literally millions). Agencies that expect the usual industry suspects to file can and will change their minds about what to do when confronted with an outraged public. (Sorry, Richard, but substantive comments filed by human beings, rather than companies, no matter how carefully reasoned and accurate, don’t get much respect unless the commenter is considered important by the agency.) Large numbers of comments also give Congresscritters ammunition when they put pressure on an agency, which can be helpful. Organizing efforts to save important Obama rules (maybe starting with the overtime rule) is something that people ought to consider doing.
SenyorDave
I think short run people here are greatly overestimating how much the average person cares about this. If the economy hums along (thanks Obama) and the market goes up, many people in this country would be fine with a fascist in charge. As long as their lives aren’t affected, they could give a shit less about the poor/minorities/others who get trampled on. And the media in this country will be compliant as long as they are fed an occasional sandwich, chips and Trump brand champagne.
Does not mean we shouldn’t oppose things, but wouldn’t get our hopes up too much. The Russia hacking story should be one of the biggest fucking stories of the decade, and it isn’t nearly as big as the emails.
BTW, is anyone planning to go in to DC day after inauguration for Women’s march? I’d be interested in meeting up with a group if possible.
Patricia Kayden
@germy: Very much looking forward to that interview. Oprah was a huge Obama supporter back in 2008 and has always been a cheerleader for the First Couple.
laura
@Lyrebird: the ACT UP model is a raodmap and also, in the earlier thread about local elections -just showing up regularly to your local school district board meeting, city council, fire or water District and see how your local government works, who the players are, who’s interests are given attention and action.
It’s very easy to then move to a more active role such as public comment, letters to the editor, and possibly a desire to run for a local office. It’s surprising how much one can accomplish with these baby steps in active self governance.
randy khan
@SenyorDave:
I live in the DC area and am planning to go. I imagine there will be a lot of BJer’s there.
One of the interesting lessons of the Tea Party is that it doesn’t really take that many people to change the narrative. I agree that most people aren’t interested right now (and won’t be active), but you don’t need most people, just a dedicated group of activists.
Patricia Kayden
@CapnMubbers: Good for PZ. Have always enjoyed reading Pharyngula. Our side needs to engage in mass resistance against Trump and keep him on the defense.
dww44
Along the lines of Trump Appointees, yesterday I was sent an email from someone I’ve never heard of and a link to this Huffington Post article by someone I do not know
It was flagged at the beginning with “warning this is controversial”
The email concluded with:
If I didn’t know better I’d think one of my conservative relatives (conservative friends and I don’t talk politics ever) had signed me up for a newsletter.
3Jane Tessier-Ashpool (a/k/a Lorinda Pike)
I think I have asked this question before – it was either you or Charles Gaba; can’t remember which, so if I’m repeating myself, please forgive me.
I have tried a couple of times to log on, but haven’t been successful, and if I don’t need to, I’d prefer to keep from gumming up the works more than they are already gummed. I think my Humana auto-renews, since I have paid next month’s premium. I’m not changing plans. Do I need to keep at it, or if I am okay with my current plan, and my financial status hasn’t changed, do I need to go through the a renew process on Healthcare.gov to stay on the ACA with their premium support, which is why I have affordable insurance in the first place?
I REALLY don’t want to drag myself through it if I don’t have to.
Carolinus
There’s been quite a few BoB faithless electors so far, particularly in states where they dominated the caucuses. It’s pretty easy to picture a slightly different election outcome where HRC had won the Popular Vote by a decent margin, squeaked by in the election night EC estimate, and then had the election thrown to the GOP House because of these sorts of faithless elector stunts.
http://www.marketwatch.com/story/faithless-electors-so-far-are-democrats-not-republicans-2016-12-19
https://twitter.com/mmurraypolitics/status/810939977026641923
https://twitter.com/mmurraypolitics/status/810947606994108416
SteveH
“Right now the Trump team is being staffed by incompetents, grifters and Brietbart comment section heroes in too many high level, high profile locations.”
Reminds me of the nation building exercise Dubya brought to Iraq. Can’t remember how that worked out.
randy khan
@Carolinus:
Idiots.
SatanicPanic
@randy khan:
This. Plus Trump is already unpopular and personally off-putting to most Americans. People aren’t going to be inclined to give the guy a ton of chances.
Lyrebird
This thread may be done, but hey, in case it’s not…
@Matt McIrvin: Thanks… I feel dizzy with the sheer number of fronts (even before the international news came through) that are at risk: recent immigrants, anyone who looks like someone else’s idea of an immigrant, disabled kids, LGBTQ+ folk, refugees, Afr-Americans, anyone with a uterus, anyone in a relationship with someone with a uterus… Yikes!
@laura: Your comments are pretty inspiring! I’ve considered running for local office, but that was before the whole Becoming A Parent project. For now, sending spare change to important groups & sometimes writing letters is what I manage to do; any day I get the kid to preschool with an acceptable lunch and me to work on time is a success right now.
Kifaru1
@Yutsano: I work in environmental permitting and I have been thinking the same thing. They have no idea how to work within the rules or how hard it is to change them.
Curtis
Richard, what would probably help is some facilitation. What are the relevant government agencies writing technical specs for issues, where are their proposals or statements, and when / where can comments be made on those?
But otherwise, I agree. As Adam Silverman has said, we need to hold the line. This presents an interesting and underappreciated avenue to extert influence and minimize the damage by an inept Trump administration.
Kifaru1
@Curtis: Searching the Federal Register is a good place to start. The new website looks more user friendly :)
AnotherBruce
“Right now the Trump team is being staffed by incompetents, grifters and Brietbart comment section heroes in too many high level, high profile locations.”
I can hardly wait for the next Katrina level event to occur.
Stan
@Spanky (ex P-man): Step 3 is the old-fashioned shoe leather politics of showing people how the republicans are hurting them, then mobilizing their vote.