FC: Be worried about new MEHPA anti-terrorism bill, by P.Weyrich

From: Declan McCullagh (declanat_private)
Date: Wed Dec 05 2001 - 21:24:32 PST

  • Next message: Declan McCullagh: "FC: Responses to Eric Lee Green and what "cyber-libertarians" don't get"

    ---
    
    From:   Steve Lilienthal
    Re:     Model State Emergency Health Powers Act
    Date:   December 5
    
    
    The following commentary discusses the sprouting opposition to the Model
    State Emergency Health Powers Act.
    
    MEHPA is being pushed by the Department of Health & Human Services on the
    states and an analysis of its provisions by the
    American Legislative Exchange Council found it "[s]trips individuals and
    families of their rights and liberties at the expense of government."
    
    Furthermore, MEHPA appears to be a dream come true for the trial lawyer
    lobby and government is granted "overly sweeping takings rights" in ALEC's
    view.
    
    Free Congress Foundation president Paul Weyrich examined the threat that
    MEHPA posed in an earlier commentary titled "Another Conservative Goes
    Native" in which he expressed disappointment in HHS Secretary Tommy Thompson
    for allowing his agency to advance such a proposal. That can be found at:
    www.freecongress.org
    
    Steve Lilienthal
    Media Relations
    Free Congress Foundation
    202-204-5304
    slilienthalat_private
    www.freecongress.org
    
    ---
    
    Free Congress Foundation's
    Notable News Now
    December 4, 2001
    
    
    The Free Congress Commentary
    A Bad Idea Coming Your Way
    By Steve Lilienthal
    
    When Paul Weyrich wrote "Another Conservative Goes Native" two weeks ago, he
    described the proposed "Model State Emergency Health Powers Act" (MEHPA)
    that is being pushed on the states by the Department of Health & Human
    Services. It will soon start winding its way through state legislatures. The
    National Conference of State Legislatures, which has a decided orientation
    toward more regulation, is meeting in Washington this week, and Lawrence O.
    Gostin, the leading proponent of MEHPA, will be there to promote the model
    bill. So expect state legislators upon returning from Washington to start
    filing MEHPA bills ASAP.
    
    Unless citizens learn about and speak out against MEHPA, the measure will
    become law in many states. Fortunately, the word is starting to go out about
    just what this legislation means to our civil liberties.
    
    The proposal represents a draconian move by the "we know best" lobbies
    representing the public health establishment. The National Conference of
    State Legislatures and the National Governors Association are also joining
    in the effort to foist MEHPA on the states.
    
    The measure grants governors the ability to declare a state of emergency to
    deal with the threat of  bioterrorism or an "epidemic" which is a very broad
    definition and one that could lead to abuse. Remember: This same public
    health lobby often talks about an "epidemic of violence" that they blame on
    guns, not the people who decide to pick them up and squeeze the trigger.
    They talk of an "epidemic of obesity" and, in this month's Washington
    Monthly, a professor at the Tulane University School of Public Health and
    Tropical Medicine named Tom Farley co-authored an article in which he argued
    that "we'd better start treating obesity like an infectious epidemic." While
    the article did not address MEHPA, it provides an insight into the current
    mindset of the public health establishment that favors sweeping "collective
    action" rather than individual responsibility on matters where, in decades
    past, it would not have wanted such draconian steps to be taken.
    
    For that reason, the gun owners and those manufacturers and distributors of
    `politically incorrect' items such as cigarettes and alcohol, even candy
    bars have every reason to be concerned given that MEHPA says in regard to
    the "access to and control of facilities and property -- generally" that the
    state should have the power "To control, restrict, and regulate by rationing
    and using quotas, prohibitions on shipments, price fixing, allocations or
    other means, the use, sale, dispensing, distribution, or transportation of
    food, fuel, clothing, and other commodities, alcoholic beverages, firearms,
    explosives, and combustibles, as may be reasonable and necessary for
    emergency response."
    
    This would only last for as long as the state of a declared emergency
    exists, but of course who will be exercising and influencing that power? As
    Robert Cihak and Michael Arnold Glueck, both Harvard trained diagnostic
    radiologists, wrote in their column called "Political War Profiteering" that
    was published by  WorldNetDaily www.worldnetdaily.com  on November 29: "Some
    of the provisions in the model law have 30- and 60-day limitations. But
    governments have been known to play endless `clocking' games with such
    limitations. There's also nothing to keep the governor from declaring
    rolling threats, one after another, if he or she desires."
    
    Legislation modeled after MEHPA has already been introduced in Minnesota,
    and the  American Legislative Exchange Council expects it will soon appear
    in Illinois, Maryland, Massachusetts, Nevada, and California.
    
    Fortunately, ALEC www.alec.org  is starting to raise the awareness of just
    what is in MEHPA. And the Association  of American Physicians and Surgeons
    www.aapsonline.org  will also play a very active role in letting the public
    know just how detrimental this legislation will be.
    
    The Institute for Health Freedom <www.forhealthfreedom.org> will also be
    scrutinizing MEHPA and its implications.
    
    Concerned citizens should regularly consult the web pages of these
    organizations as well as those of the Free Congress Foundation
    www.freecongress.org to learn more about how this battle is unfolding.
    
    There is a more sensible course than MEHPA and the AAPS in its draft
    analysis of the model legislation makes some common sense recommendations to
    help ensure protection of citizens.
    
    For their part, Glueck and Cihak urge the states to take the prudent step of
    reviewing their existing laws and to make necessary revisions according to
    their needs and changing conditions when necessary. However, they warn that
    the byzantine bureaucratic babble that is MEHPA is no solution to a real
    emergency -- at least from the citizen's standpoint.
    
    MEHPA is, of course, just what the liberal public health community ordered
    to maximize their power. Indeed, the spearhead for this model bill is a
    center for public health law at Georgetown  and Johns Hopkins universities
    that is funded by the Centers for Disease Control and Prevention. Despite
    its admirable sounding title, the CDC is as much - if not more - concerned
    with enacting a political agenda as it is with ensuring public safety. A
    visit to the AAPS webpage to view its draft analysis of MEHPA is very
    worthwhile, particularly to learn more about Lawrence O. Gostin, its leading
    proponent, and his background and ideological outlook
    
    Cihak and Glueck conclude their column by advising that "governments, like
    doctors, should `First, do no harm.'" It's sound advice and one that the
    American citizens should press upon their state legislators in the coming
    months as MEHPA bills are considered. An "epidemic" of overzealous
    government regulations is one we can easily do without.
    
    Steve Lilienthal is media relations director for the Free Congress
    Foundation.
    
    For media inquiries, contact Steve Lilienthal slilienthalat_private
    
    For other questions or comments, contact Angie Wheeler
    awheelerat_private <mailto:awheelerat_private>
    
    Visit Our Website at <http://www.FreeCongress.org>
    
    This publication is a service of the Free Congress Research and Education
    Foundation, Inc. (FCF) and does not necessarily reflect the views of the
    Free Congress Foundation nor is it an attempt to aid or hinder the passage
    of any bill.
    Free Congress Foundation * 717 Second Street, NE * Washington, DC  20002 *
    202.546.3000 * Fax: 202.544.2819
    
    
    
    
    
    -------------------------------------------------------------------------
    POLITECH -- Declan McCullagh's politics and technology mailing list
    You may redistribute this message freely if you include this notice.
    Declan McCullagh's photographs are at http://www.mccullagh.org/
    To subscribe to Politech: http://www.politechbot.com/info/subscribe.html
    This message is archived at http://www.politechbot.com/
    -------------------------------------------------------------------------
    



    This archive was generated by hypermail 2b30 : Wed Dec 05 2001 - 22:44:09 PST