12,995 karma · joined August 19, 2012
But the lesson you should take from this is not “we should just deregulate it a bit and hope the free market takes hold.” This is the planned system we designed in one of the most capitalist countries on earth: it got to the state of being a planned system because the truly competitive market systems kept failing. I’m not sure where you can go to find a truly competitive system that isn’t in some way underpinned and supported by the government (and the US government specifically.) People often point to third world countries where they can pay cash, but I think that’s mostly just rich US people buying luxury healthcare at lower prices, not a real working free-market health system that delivers broadly-shared results.
You have to entertain the hypothesis that when the ideal “free market system” exists nowhere, the reason is because the free market system was tried (here in the US, even) and it worked so poorly that it was replaced with one of the systems that survived. Because that’s the pattern we see everywhere with healthcare (and with roads and fire departments, too, outside of a few exceptions.)
The pharma investment problem is a problem, but just to be clear: it’s a question of financial allocation. There are many ways to solve it that aren’t what we have right now.
With respect to generics, there's little incentive to make a better formulation. If patients have insurance, they'll get whatever "bioequivalent" generic is available from the pharmacy if it matches the insurance provider's formulary price requirements. That manufacturer can change any time, since by law they're all deemed equivalent. It's like buying generic store-brand ibuprofen: you have no idea which factory is actually making the stuff, and it can change from package to package.
There's also very little benefit to having a "brand name" generic that has better bioavailability since you really can't charge more for it: insurance companies and pharmacies will just switch to another generic brand with lower costs. Trying to argue better bioavailability could also involve admitting that your existing bioequivalence studies are bunk, which would require an expensive new certification process. Plus, even in a functioning and truly competitive market, trying to experiment with different formulations to figure out which "gets better results" is a dangerous game for individuals; it's not like buying different Kleenex and deciding which holds together better. You have to do a lot of risky trial and error and get frequent blood tests.
So basically we have a system that ensures a completely non-functioning non-competitive market, and then we throw in an exclusive term where new medication can be sold at any price and we expect market forces to somehow constrain manufacturers. But the market forces are very weak and limited here. When we clearly end up paying dozens of times more than other countries (even for unpatented medicine) people raise the R&D issue to justify the costs. But that's sort of like saying "hey, the Mafia spends a lot on churches, so their extractive business model is fine." If you really want churches (or R&D) we should find a more rational way to come up with those funds.
PS this paper is a good (old) study: https://pubmed.ncbi.nlm.nih.gov/8026413/
I've been taking this drug since 1995 and the brand-name version has been in production (in its current format) since 1938. I don't think there have been any substantial improvements in the formulation in decades (as evidenced by my dosage, at least.) It certainly isn't expensive due to patents.
What's happening here is that in the US generic alternatives are supposed to demonstrate bioequivalence (meaning the same bioavailability), but the standards are lax and not well-enforced. Insurance formularies aren't going to spring for a brand-name drug formulation that costs 10x when the government has certified the cheap generic as bioequivalent. Manufacturers of the unpatented (but more bioavailable) brand-name drugs know that in reality some subset of their patients will need their formulation to keep blood levels stable, which means that in the US they can crank their prices way up and soak a bunch of sick people. In Canada they can't do this. Nothing about this is really defensible.
Which brings me back to the larger issue. High US drug prices can be due to both (1) recouping R&D costs and (2) greed, but the greed is enough to render our current system unworkable. You can't just assign manufacturers a monopoly and the right to charge whatever they want, and expect that they won't abuse this to soak desperate sick people with prices far in excess of their costs (as they are clearly doing.) So yes, you can point to the cost of R&D as one reason we should all (globally) pay more for some drugs, but you can't really use the need for R&D to justify the US system, which is inefficient and dangerous.
Imagine a future where aliens invade, and all of our civil rights have to be suspended in order for society to be re-focused on fighting an existential war against the invaders. I suppose this sci-fi hypothetical could happen and if it did happen then the sacrifice might even be necessary. But it's not happening now, and it's entirely reasonable to classify it as both (1) unlikely, and (2) an incredibly bad outcome we should hope that we never have to face.
The President does not choose to use the shadow docket. The use of the shadow docket is controlled by the court justices, who (as you pointed out) have been a conservative majority for a decade.
You are correct that the use of the shadow docket increased under Trump and then Biden, but this is consistent with the (somewhat obvious) explanation that the conservative justices began to use this tool as a partisan weapon for Trump and the GOP and then later against Biden's policies.
The "good news" for now is that the systems deployed in this model won't classify text, only images and URLs. The bad news is that the current draft explicitly allows that question to be reviewed in the future. And of course, once you've re-architected every E2EE system to make image scanning possible, most of the damage to cybersecurity is likely already done; a year or two down the road, text scanning will probably be viewed as a modest and common-sense upgrade. I expect that folks who object to text scanning on cybersecurity grounds will be informed that the risks are already "baked in" to the image-scanning model, and so there's no real harm in adding text scanning.
Leaving aside the privacy issues, this is basically an existential national security risk for Europe. It's amazing to me that they're walking right into it.
Not only that, but this requires object detection and the car suspension has to drop to (nearly) meet it, which seems like it’s enough work that automated contact charging can’t be wildly more difficult.