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LINDSAY MARCHELLO ASSOCIATE EDITOR We continue to build and live along the N.C. coast, even despite the risks SANDS and the costs. But should we?

oastal communities are no strangers to the heavy winds and the massive storm surges hurricanes bring. CHurricane Dorian was no differ- ent when it hammered North Caro- lina’s barrier islands at the start of September. The people are resilient. They will rebuild, as they always do, after each hurricane. But should they? That’s the question local offi- cials should be asking, a professor specializing in shoreline manage- ment says. Rob Young, a geology profes- sor at Western Carolina University and director of the Program for the Study of Developed Shorelines, is ringing the alarm on coastal devel- opment. “Hurricane Dorian caused the most geomorphological change on

continued PAGE 4

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North Carolina headed Budget stalemate Who is responsible for in the wrong direction? “The deadline for the state government the budget stalemate? to pass a new budget passed on June “Do you feel things in “Who do you think is most responsible 30. Since then, lawmakers in Raleigh are generally headed in the right for the state government budget have been in a stalemate on passing direction, or have things gotten off on stalemate?” a new budget. Which of the following the wrong track?” best describes your level of awareness EDITOR-IN-CHIEF about the budget stalemate:” Rick Henderson @deregulator

MANAGING EDITOR John Trump @stillnbarrel

ASST. MANAGING EDITOR Kari Travis @karilynntravis POLL

EXECUTIVE EDITOR Don Carrington North Carolina’s [email protected] budget stalemate Harper Polling, on behalf of the ASSOCIATE EDITORS Civitas Institute, surveyed 500 Julie Havlak likely North Carolina voters Sept. @juliehavlak 9-11 using landlines and mobile Mitch Kokai phones. The margin of error is ◼ RIGHT DIRECTION 35% ◼ GREAT DEAL OF AWARENESS 15% ◼ GOV. 10% @mitchkokai plus or minus 4.38%. Totals may ◼ WRONG DIRECTION 47% ◼ FAIR AMOUNT OF AWARENESS 30% ◼ N.C. GENERAL ASSEMBLY 25% not amount to 100% because of ◼ UNSURE/REFUSED 18% ◼ NOT MUCH AWARENESS 33% ◼ BOTH 48% Lindsay Marchello rounding. @LynnMarch007 ◼ NO AWARENESS 15% ◼ UNSURE/REFUSED 17% ◼ UNSURE/REFUSED 8% JOURNALISM FELLOW Brooke Conrad

DESIGNER Greg de Deugd Bishop, Murphy win, but COMMENTARY BY JOHN HOOD [email protected] Republicans shouldn’t relax, Uncertain policy has political science professor says PUBLISHED BY economic cost The John Locke Foundation .C. state Sen. Dan Bishop on 4800 Six Forks Road, #220 Sept. 10 won the state’s 9th Raleigh, N.C. 27609 Congressional District race rogressives and conserva- sponse to a loss of business con- (919) 828-3876 • Fax: 821-5117 against Democrat Dan McCready. tives argue about economic fidence. Still, the broader costs www.JohnLocke.org NBut Republicans shouldn’t relax policy all the time. At gov- can be considerable. Market Kory Swanson in 2020, said David McLennan, a pro- ernment’s current size and scope, economies thrive on risk-taking President & Publisher fessor of political science at Meredith Pwould it better promote long- — be it an entrepreneur trying College. term growth to raise taxes and out a new idea, an investor John Hood Bishop and McCready were spend more or to lower taxes and taking a chance on an emerging Chairman locked in a special “do-over” after the spend less? During a recession, technology, or a talented worker Bill Graham, John M. Hood N.C. State Board of Elections found should government try to bolster willing to move to another city Ted Hicks, Christine Mele ballots in 2018 subject to tampering. demand by running large budget or state to take a job at a startup Brad Muller, Rodney C. Pitts, The scandal riveted national and lo- PHOTO POOL AP deficits, or should it economize company. cal audiences. Donald Trump campaigning with Dan to keep debt from exploding? Some, perhaps even many, of Paul Slobodian Bishop in Fayetteville. David Stover, Edwin Thomas Mark Harris, McCready’s Republi- These are important ques- these endeavors will fail. The Board of Directors can opponent in 2018, said he wasn’t tions. As you can guess, I find ones that succeed, however, involved in or aware of the fraud, but the conservative case more produce gains not only for the ISSN 2578-8167 Carolina Journal is he dropped out of the race after the persuasive. While more public risk-takers but also for those a monthly journal of news, analysis, elections board refused to certify the have far more difficulty,” he said. and commentary on state and local investment in some areas may to whom they sell goods and government and public policy issues initial election. McCready will accumulate sup- have net economic benefits, I services or from whom they buy in North Carolina. Bishop defeated McCready in port in 2020 — especially from think the rate of return is likely labor and materials. the special election by 2 percentage younger voters, he added. to be larger if those resources are Government policy certainly ©2019 by The John Locke Foundation Inc. All opinions expressed in bylined points. President Trump won the 9th North Carolina’s 3rd Congressio- privately invested instead. influences these decisions, pos- articles are those of the authors and District by 12 points in 2016. nal District, where Republican state But whatever you think itively or negatively. Even when do not necessarily reflect the views The narrowing gap shows the dis- Rep. Greg Murphy won over Green- government’s economic poli- the effect is likely to be negative, of the editors of CJ or the staff and board of the John Locke Foundation. trict slowly turning from red to blue, ville Democrat Allen Thomas, re- cies ought to be, consider this: it’s still helpful to economic ac- Material published herein may be re- McLennan said. mains uncompetitive for Democrats, There’s an emerging body of evi- tors if they can predict the effect printed as long as appropriate credit is given. Submissions and letters are “The closeness of the race should mostly due to its rural constituency. dence suggesting the uncertain- with some confidence. welcome and should be directed to cause Republicans to be concerned, Smaller cities like Jacksonville will ty of economic policy is itself For example, if there is a the editor. not only about keeping the 9th Dis- remain red, while sprawling metrop- harmful to the economy. When strong and predictable likelihood trict, but also about how suburban olises like Raleigh and Charlotte turn people can’t predict with at least that a regulator will disallow a To subscribe, call 919-828-3876. Readers also can request Carolina precincts are trending,” McLennan bluer, McLennan said. some degree of confidence what particular practice, a business Journal Weekly Report, delivered told Carolina Journal. Trump campaigned for Bishop economic policies their gov- can begin to develop an alterna- each weekend by e-mail, or visit McCready, a 36-year-old Marine and Murphy on Sept. 9 in Fayette- CarolinaJournal.com for news, links, ernment will follow, they often tive. That alternative may well and exclusive content updated each Corps veteran and small business ville, a move McLennan said may delay consequential decisions be costlier in time or money than weekday. Those interested in educa- owner, is a strong candidate for Dem- have boosted Bishop’s votes in east- and park their resources in safer, the one the government will dis- tion, economics, higher education, ocrats and may be encouraged to run ern North Carolina. lower-yielding investments. health care or local government also see HOOD PAGE 21 can ask to receive weekly e-letters yet again in 2020, McLennan said. That may be a rational re- covering these issues. “A more liberal candidate would Kari Travis CAROLINA JOURNAL // OCTOBER 2019 3 HEALTH CARE Conway out at Blue Cross; mega-deal with West Coast Blue pending

BY JULIE HAVLAK between its CEO and a multibil- Under the model, physicians share lion-dollar deal. insurers’ risk: They earn more if pa- he chief executive officer of “Until they get this situation tients remain healthier, and lose BlueCross N.C. has resigned with the CEO resolved, I see no money if patients’ health declines. amid charges of drunken driv- path forward for the deal under the In most places where val- ing and misdemeanor child abuse. current CEO. They failed to disclose ue-based care has been implement- TDr. Patrick Conway was arrested to me what they had an obligation ed, providers have been reward- in June after he sideswiped a truck to disclose,” Causey said. ed only when patients’ health im- driving on Interstate 85. His two Further complicating matters, proved. Conway was one of the young daughters were in the back Conway had been essential to the few who added teeth to the model, of the car. The Blue Cross N.C. Board deal. strengthening his reputation as an of Trustees asked Conway for his Before the crash, Conway was innovator. resignation Sept. 25, and he com- NEWS WRAL FROM SCREENSHOT the industry’s golden child. With- “The deal hinged on Conway plied. Former Blue Cross N.C. CEO Dr. Patrick Conway, reportedly driving the black in the health community, he had being the CEO of the proposed new “BlueCross N.C. is committed to SUV, resigned after his arrest came to light. cultivated a reputation as a “small- partnership,” said Jordan Roberts, doing business with honesty, integ- town doctor from Texas” and fam- John Locke Foundation health care rity, and fairness. The details that ily man, who valued his faith and policy analyst. “Conway has a his- recently emerged related to Dr. Con- Conway’s departure has im- The company distanced itself from his four children. Just weeks ago, tory in the Innovation Office at way’s arrest depict behavior that periled one of the more ambitious Conway, saying it was “deeply he was speaking at a health affairs CMS, and BCBSNC has been at the falls short of our standards,” the health care deals of the year. Con- troubled by the emerging details of conference in Washington, D.C. forefront of innovative new pay- insurer said in a statement. “De- way had planned an affiliation be- the situation.” As it put the deal on And Conway wasn’t your aver- ment models in North Carolina.” spite Dr. Conway’s many successes tween Blue Cross N.C. and the Pa- hold, Cambia stressed how “trans- age health insurance CEO. He was Causey said that before he during his tenure at BlueCross N.C., cific coast Blue Cross plan Cambia parency and integrity of leadership the first practicing physician to learned of the arrest, the deal with we feel that our constituents are Health Solutions. are imperative to Cambia.” head a Blues plan — and the first Cambia was “moving along.” But best served by naming an interim The move would be unprece- Even so, Cambia seemed reluc- physician to lead a plan of such after Conway’s arrest, he accused CEO and beginning a formal search dented. Linking two Blues of such tant to give up on the affiliation. scope. Blue Cross N.C. of breaking his for a permanent replacement.” size and across such distance was “The merits of the Strategic He was one of the so-called trust and covering up Conway’s le- A police report says Conway daring, even in today’s flurry of Affiliation are sound and built on stars of the Obama era: he held gal troubles. “We hope that this ac- drove erratically for more than 90 mergers in health care. Togeth- a shared strategic vision to make two directorships at the Center for tion begins to rebuild a trusting re- miles along Interstate 85. He refused er, the two Blues would constitute health care better, simpler, and Medicaid and Medicare Innovation, lationship with our regulators and to take a breathalyzer test, and he a $16 billion enterprise covering 7 more affordable for individuals and where he shaped the health care of customers,” BCBSNC said in a press could not compete sobriety tests million people across five states. their families,” the company said more than 100 million people. At release. without swaying and stumbling. The affiliation would have in a statement. Blue Cross N.C., he hatched an am- Chief Operating Officer Gerald According to the report, Conway launched Conway into national Any deal would have to clear bitious plan to move providers over Petkau will step in as interim CEO. was “absolutely belligerent” when prominence. He would have tak- N.C. Insurance Commissioner Mike to value-based care — a new pay- For now, the future of the deal be- taken to jail. Officers wrote that en over as CEO of Cambia Health Causey, who had called for Con- ment model aimed at paying for tween Blue Cross N.C. and Cambia Conway cursed at them, threaten- Solutions, as well as holding on- way’s resignation. Causey said he value instead of services. Health Solutions remains on hold. ing to get them into trouble with to his role as the CEO of Blue Cross would shoot down any deal so long Insurers and providers have “It depends,” Causey said. Gov. Roy Cooper and demanding to N.C. as Conway remained CEO. been switching to value-based care “We’ll see how this comes out, be released. But after a video surfaced that Causey could not force the com- since the Affordable Care Act be- how the court case comes out, The board said it was unaware showed Conway weaving for miles pany to fire Conway, but by oppos- came law. Advocates sold it as a and what happens with the lead- of the notes from the arresting of- before crashing into an 18-wheel- ing any affiliation led by Conway, way to reduce the cost of health ership’s decisions on what to do ficers. er, Cambia began pulling back. he gave Blue Cross N.C. a choice care by creating new incentives. with the CEO.”

A power-hungry president, a constitutional crisis, and a democracy in peril…

President Jerome Elliott was elected with overwhelming support from the American people. His populist platform and soaring promises captivated voters. But now, after a series of increasingly unorthodox policy decisions and suspicions of sinister motives, a shadow gathers over the White House. When thirty-four state governors call for a constitutional convention to reform the federal government, Elliott fears losing control. In a desperate attempt to maintain power, he orders the revered 82nd Airborne Division to march on the convention and arrest its participants as domestic insurgents. The National Guard mobilizes to stop them, and the two forces clash in the small town of Madison. These actions echo across the nation, polarizing the populace and threatening to erupt into violence between the people and their government. Meanwhile, television reporters Nicole Marcel and Luke Harper race to discover the truth behind the president’s actions, while United Nations investigator Percy Leach digs deep into Elliott’s past. Chasing facts and whispers alike, they uncover the roots of dark truths that, if realized, risk sundering the very fabric of American democracy. Available from Ingram Book Group. For orders call 800-937-8000. Also available from Amazon, Barnes & Noble, and other retailers. www.AperturePress.net 4 CAROLINA JOURNAL // OCTOBER 2019 HURRICANES

For many, damage from Dorian is just beginning

BY JULIE HAVLAK “With the river flooding, people were isolated from medical care,” Kitch said. “We had people who urricane Dorian might be over, but the dam- had run out of their oxygen, their medications.” age really is just beginning. For those with chronic conditions, such delays Behind the visible wreckage, the flood- can cause more health issues. waters have left a slew of cleanup-related injuries, “It depends on how medically fragile they are. Hdisease risks, and mounting concerns for residents’ For patients who are on dialysis, if they go without mental health. their treatment for a couple of days, it can be fatal,” Only after a storm has finished ravaging commu- Kitch said. “Or it might worsen the progression of a nities does its full effect on residents’ health emerge. chronic disease, where it can take weeks or months More than half of the injuries from hurricanes occur for them to become stable again. Small interruptions after the storm, as people try to repair the damage, in medical care can lead to weeks or months of com- and this year has been no exception. plications.” “There’s a lot of people who use chainsaws safe- But this time around, the main concerns revolve ly, but we see the ones who don’t,” said Bryan Kitch, around the hurricane damage that can’t be seen.The East Carolina University assistant professor of Emer- state is increasingly concerned for residents’ mental gency Medicine. “But if you live independently, health. you’ve got a tree lying on the roof, what can you do? After three years of storms, battered coastline A lot of people don’t have the money to call an inde- communities have yet to recover financially.

CJ PHOTO BY DON CARRINGTON DON BY PHOTO CJ pendent company.” “A lot of people think we’ve recovered from Flor- DORIAN. William and Michelle Carter of Bluefield, West Virginia, fish at North In Ocracoke, where people waded through murky ence, and we haven’t,” CarolinaEast Health System Topsail Island several days after Dorian brushed by the N.C. coast. water, health departments made distributing tetanus spokeswoman Megan McGarvey said. “If you walk shots a priority as the number of puncture wounds through downtown New Bern, it looks good from the climbed. And as the waters recede, they leave behind outside, but if you look at some of those storefront North Topsail Beach, the Program new health problems. Stagnant water in puddles, old windows, half the walls are still missing. You go out Shifting for the Study of Developed Shore- cans, and flooded fields breed mosquitos, and parts of into the more rural areas, and there’s still a lot of blue lines identified about 400 properties the mainland don’t spray for the pests. In Hyde Coun- tarps on roofs.” Sands that could qualify for a targeted ac- ty, the health department has issued warnings, call- But the physical damage is only the most obvi- quisition program. ing the mosquitoes a “huge nuisance.” ous wreckage left by the storm. “This should be a tool in this “We’ve tried to educate the public about things “Mental health is a huge issue in America, espe- continued from PAGE 1 toolbox regarding managing the they can do to avoid mosquito exposure, such as cially in eastern North Carolina. Our access to men- coast,” Young said. “This is not a wearing long sleeves, long pants, not being out af- tal health resources is sparse at baseline,” Kitch said. any barrier island in my 30-year ca- crazy idea. This is something that ter dusk,” said Luana Gibbs, interim health director of “And when a storm comes along, it disrupts people’s reer,” Young said during a Sept. 17 needs to be examined every time we Hyde County. “Without a mosquito control program, access to what they do have. … People who are some- Crucial Conversations event spon- do a coastal protection project.” we need to reinforce that people need to be safe to what stable may completely slide into a major men- sored by N.C. PolicyWatch. State and local officials need to prevent getting disease from mosquitoes.” tal disaster.” While breaches on the coast ar- start considering managed retreat, Responders were grateful that Dorian large- Responders stress the importance of the state’s en’t uncommon, and inlets come Young said, as constantly rebuilding ly spared the mainland, unlike Florence. That storm crisis-counseling services. and go, Young said the coast through flooded medical providers in Wilmington, causing de- “These people have lost everything,” Gibbs Dorian’s effect on beach-nourishment lays in care and driving more people to emergency said. “Mental health is an area that needs to be ad- the coast was un- projects and by el- rooms. dressed.” precedented. Dorian evating properties overwashed mas- I fear we with Hazard Miti- sive amounts of have reached gation Grants isn’t from the ocean and dumped on tem could flourish in the absence When the market is able to ful- sand, and some of sustainable. the beach to replenish what’s lost. of beach-nourishment projects and ly consider risk, the price will signal the breaches may some sort That’s ridicu- Across the country, billions have other artificial coastal protections. whether building in certain areas is persist. of threshold lous, Rep. Pat McEl- been spent on nourishment proj- Managed retreat isn’t a com- worth it, Lehmann said. “I fear we have here on Cape raft, R-Carteret, ects. Again, with taxpayers footing pletely new approach to managing “I think we get a little ahead of reached some sort said. the bill. disasters. Targeted acquisitions ar- ourselves when we talk about re- of threshold here on Lookout that “No, Professor Young says it would be more en’t uncommon for communities treat. The first thing we have to do Cape Lookout that has changed Young, there will be cost-effective to ditch beach-nour- that lie in flood plains. is stop providing incentives to build has changed the re- no retreat from our ishment projects and instead buy- Canada, for instance, has start- in those places in the first place,” gime of this island,” the regime of homes — no retreat out properties along the coast. In ed to take the approach that, if you Lehmann said. “First, do no harm. Young said. “There’s this island. from the coast,” the Program for the Study of Devel- choose to build in a high-risk zone, Then, we can move on to the next just not as much There’s just McElraft said. oped Shorelines report, North Top- then you’re on your own when it phase of what to do with people sand as there used McElraft, who sail Beach could save some $2.8 mil- comes to recovering after a storm. who are there now.” to be.” not as much represents a district lion if it implemented targeted ac- “If people deliberately rebuild in The availability of coverage Young said Cape sand as there composed of coastal quisitions, instead of investing in danger zones, at some point, “they with the National Flood Insurance Lookout may be communities, said beach-renourishment projects. The are going to have to assume their Program, zoning and land use reg- sending a message used to be. the state and local report estimates the buyout pro- own responsibility for the cost bur- ulations that don’t acknowledge to all North Caroli- governments have gram would cost $57.6 million — as den,” Ralph Goodale, the Canadian the level of risk, as well as outdat- - Rob Young na’s barrier islands. taken good care of compared to the $54.8-million cost public security minister, said, as re- ed flood maps, contribute to the It’s time to talk the beaches and, in of future coast stabilization projects ported by WRAL. “You can’t repeat- perception that certain places are about managed re- turn, they contin- and sandbag maintenance. This as- edly go back to the taxpayer and safe for development. North Caroli- treat from the coast, ue to be one of the sumes the properties are purchased say, ‘Oh, it happened again.’” na’s flood maps are up to date, but, the WCU professor said. Instead of state’s greatest assets. at their full assessed values. R. J. Lehmann is a senior fellow Lehmann said, developers don’t al- repeatedly rebuilding on the coast “Had we not kept up our healthy But Young sees other unquan- at R Street, a nonprofit, nonparti- ways consider them when deciding after each storm, Young proposes beaches, we may have had a few tifiable benefits to employing a san, public policy research organi- where to build. the government buy properties in homes engulfed by the ocean,” managed retreat approach. Mu- zation. Lehmann says people need Managed retreat should be an high-risk zones and demolish them, McElraft said. “But we have kept nicipalities could redirect resourc- to understand the full risk of devel- option, the R Street senior fellow allowing the coast to revert to its up the maintenance of these public es to a larger part of the communi- oping in high-risk zones, such as on said, but the government should natural state. Coastal properties are trust beaches, mostly at local tax- ty that’s not in a high-risk zone. For the coast or in floodplains. Govern- also consider other mitigation ef- at risk of flooding from storm surges payer expense.” North Topsail Beach, managed re- ment insurance programs, such as forts — building sea walls, elevat- and are made even more vulnerable Part of that maintenance in- treat would shift the focus away the National Flood Insurance Pro- ing properties above the flood ele- by beach erosion. cludes beach nourishment, a pro- from 7% of the tax base to the other gram and the state’s Beach Plan, continued PAGE 5 In a recent study focused on cess that sees tons of sand sucked 93%. Additionally, the local ecosys- can distort risk for property owners. CAROLINA JOURNAL // OCTOBER 2019 5 HURRICANES

North Carolina is no stranger to hurricanes. The powerful storms have long ravaged the state with storm surges, intense Major Hurricanes to Hit North Carolina winds, and heavy rain. Here are just a few examples of the devastating hurricanes to strike the Tar Heel state:

OCT 5-18, 1954 JULY 5-18, 1996 AUG. 23-SEPT. 10, 1996 AUG. 19-30, 1998 Hurricane Hazel Hurricane Bertha Hurricane Fran Hurricane Bonnnie CATEGORY 4 CATEGORY 2 CATEGORY 3 CATEGORY 2 18’ 150 mph 115 mph 115 mph 104 mph WIND SPEED WIND SPEED WIND SPEED WIND SPEED

12’ 10’ 19N.C. DEATHS N.C.2 DEATHS 25N.C. DEATHS 8’ N.C.1 DEATH $163M $250M $4.16B $240M N.C. DAMAGES N.C. DAMAGES N.C. DAMAGES N.C. DAMAGES STORM SURGE STORM SURGE STORM SURGE STORM SURGE

SEPT. 7-19, 1999 SEPT. 28– OCT. 10, 2016 SEPT. 12-15, 2018 AUG. 22 -SEPT. 8, 2019 Hurricane Floyd Hurricane Matthew Hurricane Dorian CATEGORY 2 CATEGORY 1 CATEGORY 1 CATEGORY 1 110 mph 97 mph 100 mph 90 mph WIND SPEED WIND SPEED WIND SPEED WIND SPEED 15’ 13’

36N.C. DEATHS 26N.C. DEATHS 40N.C. DEATHS 7’ N.C.3 DEATHS $3B 4’ $1.6B $17B ??? N.C. DAMAGES N.C. DAMAGES N.C. DAMAGES N.C. DAMAGES STORM SURGE STORM SURGE STORM SURGE STORM SURGE

continued from PAGE 4 ing to prepare people for future nat- be used for a buyout program. HUD applications, the hotspots re- ural disasters. Some North Carolina proper- ally pop out,” Hogshead said. “We vation level, and constructing dams The Office of Recovery and Re- The Natural Resourc- ties have already been approved for are focusing on those areas. or levees. siliency was created in 2018 to es Defense Council buyouts with disaster-relief money. “We give all the information “There are any number of tools streamline the process of getting di- estimates more than In 2018, NCEM and FEMA award- that we have to the homeowner. that will have to be implemented to saster relief to affected communi- ed $88.1 million in Hazard Mitiga- It’s the homeowner’s choice,” Hogs- deal with this problem,” Lehmann ties. 36,000 buildings across tion Grants to local governments for head said. “We are talking with said. “I prefer using those tools that “The Office of Recovery and Re- the U.S. are subject to Matthew. On Aug. 16, North Caro- communities and homeowners very align the market with the proper in- siliency is working towards stream- repeated flooding. Of lina and FEMA approved $19 mil- strongly about the fact that the centives, so if the market can ac- lining all the programs, including lion to acquire 130 residential struc- storms are coming more frequent- commodate risk through insurance becoming the official grantee for those buildings, 10,000 tures in natural floodplains after ly.” and incentives to build stronger and the HUD funds,” Hogshead said. are in North Carolina. Hurricane Florence. On Aug. 29, When the state gets money more resilient structures, that is al- “One of the most significant things $4.1 million was awarded to acquire from HUD for Hurricane Florence, ways going to be the preference. we have been able to do in the last 25 flood-prone properties in Pend- Hogshead said, it will offer buyouts “There are some communities few months is to be recognized The NCEM director said the er County. Properties approved for in coastal communities. that have multiple, repetitive, se- by HUD as the grantee for these state has already spent more than buyouts will be converted into open While managed retreat has vere losses that should be targeted funds.” $2.8 billion on relief efforts after spaces. gained traction when address- for some kind of change, whether Hogshead said her office is re- Hurricanes Matthew in 2016 and “We are doing a lot of buyouts, ing development in flood plains, that’s buyouts or mitigation,” Leh- viewing the processes and proce- Hurricane Florence last year, in- hundreds in fact, and we are do- Young said, the same can’t be said mann said. “But you have to be cau- dures to ensure they comply with cluding money from Federal Emer- ing elevations,” Sprayberry said. for coastal development. Coastal tious. It’s a powerful tool, and the federal and state law, while at the gency Management Agency Hazard “That’s how we make sure we are communities are reluctant to leave government shouldn’t use it reck- same time keeping an eye on expe- Mitigation grant program. getting people out of places with re- prime beachfront property. But, lessly. It should be used wisely.” diency. Through the Hazard Mitigation petitive flooding.” Young said, people don’t have to en- The Natural Resources De- Mike Sprayberry, director of N.C. Grant program, properties can ei- Hogshead said priority zones tirely abandon the coast. fense Council estimates more than Emergency Management, said the ther be elevated to withstand future for buyouts are mapped using da- “The reason you do this is to 36,000 buildings across the U.S. state is learning ways to better de- flooding — or they can be acquired. ta-driven methods. protect your coastal economy and are subject to repeated flooding. Of liver relief after each and every hur- Depending on the severity of the “The priority zones for buy- protect your community,” Young those buildings, 10,000 are in North ricane. damage, properties can either be outs were mapped with all previous said. “You do that by taking a little Carolina. “I came here in 2005, and I can relocated — or demolished. Money storms. When you lay everything step back from one hotspot where Laura Hogshead, director of the tell you we are a lot farther ahead from the U.S. Department of Hous- out on a map together with where there’s erosion and focusing all your Office of Recovery and Resiliency, than we have been. Our programs ing and Urban Development’s Com- there has been severe repetitive energy and resources on the parts of said targeted acquisitions are just are a lot bigger, too,” Sprayberry munity Development Block Grant loss, where there have been FEMA your community that are sustain- one of many ways the state is work- said. Disaster Recovery program can also applications, where there have been able.” 6 CAROLINA JOURNAL // OCTOBER 2019 HURRICANES Building on barrier islands CJ PHOTO BY DON CARRINGTON DON BY PHOTO CJ HURRICANE DORIAN. A block on Emerald Isle shows localized damage from Hurricane Dorian. (One looks fine. The other was leveled.)

Continually battered by the valleys and makes the ridges estimates nourishment projects cost of the taxpayer in North Carolina Should we stay hurricanes stick out, chiseling the shoreline a million dollars or more per mile and is becoming, ‘Why should I pay for into an irregular shape. The water last an average of three years. beach nourishment? I wasn’t im- or should we Even the name, “barrier islands,” then erodes the ridges, causing sed- Another solution to shifting prudent enough to build a house suggests they’re better operating as iment to trickle out from the main- coastlines would be seawalls. The right next to an eroding shoreline,’” go? Hurricanes environmental shields than perma- land to form new bodies of sand problem is, the water will continue he said. nent beach resorts. that eventually become islands. to erode the beach until all the sand The risks of staying put will continue North Carolina’s coastline is Today, 98% of beach-front is gone, Pilkey said. Regardless, sea- composed almost entirely of barrier homes in North Carolina are in- walls are illegal across the Carolinas islands, and they’re particularly sus- vestment properties, or resort com- and other Atlantic coast states, with Pilkey says residents who live changing the ceptible to huge storm surges, such munities, not primary residenc- occasional exceptions. next to the beach need to be pre- as Dorian, explained Orrin Pilkey, es, Young said. That sort of vaca- Who pays the bills? pared to move or abandon the struc- state’s coastline professor of geology and earth and tion development didn’t occur un- ture. ocean sciences at Duke University. til around the 1960s and 70s. Previ- “I think the general response When a hurricane first comes in, it ously, people lived on the islands in This all leads to the big politi- has always been, ‘We’re not scared BY BROOKE CONRAD pushes water into areas behind the small fishing or whaling communi- cal question: Who should be held of this storm. We’re going to rebuild barrier islands, like the Pamlico or ties. Native Americans also used to responsible for the shoreline main- and rebuild better.’” he said. “The aking one look at Google Albemarle sounds. When the hur- inhabit the islands, albeit seasonal- tenance? Should the locality pay tendency is not to move unless the maps, it’s easy to see why ricane leaves, it rushes over the is- ly, Young said. for its own risk, or should the risk house is really destroyed.” North Carolina endures more lands from behind. Exorbitant costs be transferred to the public sector, He finds it “distressing” to see hurricane damage than some other “All that water comes roaring where federal taxpayers can fund the number of homes damaged by Tstates along the Atlantic shore. Not back,” Pilkey said. “And that’s what the projects? homes that are insured by the fed- only does the mainland jut out far- did all the damage on Ocracoke Is- Barrier islands don’t naturally The latter is largely the out- eral government on multiple occa- ther into the ocean, but it’s also sur- land. The water was flooding from stay in one place, due to waves and come, and it only incentivizes peo- sions. rounded by a much wider fringe of behind.” storms that move the sand. So to- ple to continue building in risky ar- “It is a form of madness, in my offshore sands — known as barrier Barrier islands also protect North day, with gigantic vacation homes eas, Young says. If left to the locali- opinion, to think we can hold the islands. Carolina’s marshes and lagoons — to maintain, the federal govern- ties to cover, the market might nat- shoreline still,” Pilkey said. To many North Carolinians, bar- located between the islands and ment and state governments along urally rule out a lot of barrier island Although Hurricane Dorian rier islands are vacation resorts, or mainland — from ocean waves and the Atlantic coast are constantly property as too risky. flooded several homes and busi- in some cases, permanent homes. saltwater, said Rob Young, a geology funding “beach-nourishment” proj- “So, many times, these commu- nesses on Ocracoke, it’s not one of But they’re also in a constant state professor at Western Carolina Uni- ects to preserve the shifting shore- nities make this argument to their the more heavily developed parts of flux, as Hurricane Dorian demon- versity. Those habitats are import- line. These involve pumping up sand congressional delegation. They say, of the shoreline, Young said. And strated this summer when it surged ant to the fishing industry, specifi- from North Carolina’s continen- ‘We’re really important to the econ- overall, despite the intensity of the across Ocracoke Island. The millions cally shrimp, crabs, and oysters. tal shelf — the shallower area sur- omy, so you need to support us with storm, Hurricane Dorian only mini- of taxpayer dollars it takes to rebuild From rising seas to rounding the coast — onto the is- these federal dollars and projects mally affected most North Carolin- housing and replenish sand on the land. and things like that.’” Young said. ians. beaches have led some experts to modern beach fronts These projects are happening “That’s not how that’s supposed to “They should remember that it’s advocate for more locally based fi- constantly, Young emphasized. If a work.” going to happen again, and we’re nancial responsibility, or even a hu- Barrier islands form when sea bad storm comes immediately af- Many taxpayers think the sys- not always going to be so lucky,” man retreat from the coastline alto- levels rise, Pilkey said. When water ter a project, the new sand could dis- tem is unfair, Pilkey said. Pilkey said. “We were very, very gether. flows into the mainland, it floods appear in a couple of months. Pilkey “More and more, the attitude lucky on this one.” CAROLINA JOURNAL // OCTOBER 2019 7 HURRICANES With fewer patients during storms, hospitals must adjust financially

BY JULIE HAVLAK our [emergency room] to get treat- move. So many people lost their ed.” homes,” McGarvey said. “Florence n Ocracoke Island, the CarolinaEast Medical Center was absolutely — I’ve been here all streets stink of dead fish, and regularly sees people from Carteret my life, and I’ve been through a lot water still laps at houses. County, and it treated one man from of hurricanes, and while she wasn’t People walk through dirty water Ocracoke Island. the strongest, she was the worst.” Oin bare feet and flip flops. That will “We’re pretty full. We have 44 Florence took its toll on New breed its own health problems, as patients in our ER right now,” Mc- Hanover Regional Medical Center, snakes, sewage, and debris swim in Garvey said. “I would think that as well. that same water. there might be some relationship, There, more than 1,800 staff “The first floor of every home but we also have times when our stayed to work at the hospital, and building has water in it,” people need us. It doesn’t take a while 259 employees suffered prop- N.C. Department of Public Safety hurricane for us to be a full ER.” erty damage from the hurricane. spokesman Keith Acree said. “Most The hospital never had to stop The storm also delayed the opening people on the island probably lost running its ambulances during the of its newest hospital after the wa- their vehicles. Everywhere you go, storm. It never even left the city ter damaged construction. you see cars and trucks with doors power grid. Some 300 extra work- “The amount of water was in- standing open and hoods up, trying ers came into the hospital to work, sane. We got inundated,” said Dr. to dry out.” where they rolled out 200 sleeping Robert Cortina, chief of NHRMC The Ocracoke Health Cen- cots, and accountants baked cook- medical staff. “It was supposed to ter was flooded, but some 60 miles ies. open up now, but they had to gut it north, the Outer Banks Hospital It’s a far cry from the devasta- from the 30 hours of pure rain.” remains undamaged. And in New tion Florence unleashed, when the Three years of storms have Bern, at the confluence of the Neu- hurricane smashed into the coast played havoc on the revenue for ru- se and Trent rivers, CarolinaEast near Wilmington, killing more than ral hospitals along the coast. Ma- hospital is unscathed. 50 people and leaving some $24 bil- ny of them qualify as critical access HEALTH VIDANT The Outer Banks Hospital “We dodged a bullet. It could lion in damage to the state. hospitals. have been so much worse. Look at Last year, when they stayed at The hospital in the Outer Banks the Bahamas,” CarolinaEast Health CarolinaEast, at least two hospital sees most of its patients in the sum- System spokeswoman Megan Mc- workers knew they wouldn’t have mer, when the resort destination come, patients don’t. revenue,” Outer Banks Hospital Di- Garvey said. “We just hunkered anything to go home to. fills with tourists. Hurricanes usu- “Any time there is a storm and rector of Marketing Wendy Kelly down, and when the storm died “She came in as a Category 1, ally land as the season draws to patients are not coming into the said. “We make it up by tightening down enough, patients came into and she sat on top of us. She didn’t a close, but whenever the storms hospital, we aren’t generating any the belt.”

Public Affairs, Policy Issues & Perceptive Commentary

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TIMELINE OF EVENTS UNC Board of Governors searching for new leadership

BY KARI TRAVIS AND Randy Ramsey, whom Smith has LINDSAY MARCHELLO tapped for the board’s top job. The BOG should think about taking “a he University of North Caro- load off the chairman,” as it moves lina System’s Board of Gover- ahead to tackle policy issues, board nors is seeking a new leader member Marty Kotis told Carolina roughly one year after Harry Smith Journal. Ttook his seat as chair of the govern- The job can be overwhelming, ing body. Kotis said. Smith, a hands-on leader prone “I think decentralizing some of to controversy and misunderstand- that workload and power might be ing, resigned Sept. 24, 2019. The helpful overall, as well as having Greenville businessman said lead- more [board] consensus on a regu- ing a 28-member board wouldn’t al- lar basis — instead of just leaving low him to focus on his business. it up to someone to carry the water

As the board looks ahead, all and then have everybody else com- PHOTO FILE PHOTO FILE eyes turn toward Vice Chairman plain about it.” Harry Smith Dr. Bill Roper

Aug. 3, 2018 Aug. 8, 2018 Aug. 20, 2018 Aug. 28, 2018 Oct. 10, 2018

Smith flatly denies the notion The board showed “clearly bad Silent Sam, the controversial The board meets in closed session The board officially changes the way Staton’s job is in jeopardy. UNC never governance” in its handling of the Confederate statue on UNC-Chapel to discuss Silent Sam’s fate. State it selects new chancellors. Searches will “overrun the [ECU] trustees” and WCU chancellor search, 10 former Hill’s campus, comes down at the law says the statue must be restored will remain strictly confidential, wouldn’t fire Staton without direction members write in an op-ed for Higher hands of 250 protesters. The action within 90 days. The board tasks UNC- and board members will have more from ECU and Spellings, though “I Education Works. Fetzer’s move to hire is illegal, and consequences are Chapel Hill’s Board of Trustees with time to review candidates. No BOG know that rumor was flying … but a third-party background check on inevitable for those who committed developing recommendations to be members or university trustees can be that rumor never should’ve gotten Spellings’ candidate is unacceptable, the crime, Smith says. presented to the BOG Nov. 15. The considered for a chancellorship unless any legs, and the world is full of they say. A BOG committee chair also board also plans an independent they resign, the new rules say. rumors, as you know,” Smith says. inappropriately allowed a candidate “The law is the law. We can’t allow investigation into what went wrong, — who was unanimously approved by anarchy on any of our campuses.” Smith says. Smith says the board is still dealing Kieran Shanahan, chairman of ECU’s her committee — to be overturned with “high emotions,” and he vaguely Board of Trustees, says Staton’s job is without returning the matter to references “robust phone calls [with secure. Spellings or the committee for input, board members] that were loaded” the op-ed states. but doesn’t offer details. CJ continues to receive information from other sources that Staton has “I ask that if you want to be critical of experienced pressure to leave his job. the Board of Governors, make some phone calls first. Have a conversation with me.”

Nov. 15, 2018 Jan. 7, 2019 Jan. 15, 2019 March 18, 2019 March 22, 2019

In an email exchange, Smith accuses CJ learns Smith has continued Dr. Bill Roper officially takes his seat Staton announces his resignation as Long opens the monthly UNC BOG CJ of intentionally publishing false communicating with ECU officials, as interim president of the UNC chancellor of ECU. CJ had learned of meeting at Appalachian State information on the outlet’s website. despite his earlier statement that System. UNC-Chapel Hill Chancellor the news a day earlier. Board member University with an apology about how he would cut all communications Carol Folt removes the remnants Steve Long releases a strongly worded he handled his criticisms of Smith. “Public Service is a great thing, and with the university. The Greenville of Silent Sam from the university’s letter stating that Smith forced Staton “I did not handle this matter in the there should be criticism on policy businessman was photographed on campus, then submits her resignation from his job. right way,” Long said. “It was not civil decisions and actions taken,” Smith the Greenville campus Jan. 7 at the to Smith and the board. The body, or respectful to you and the Board writes to CJ Editor-in-Chief Rick opening of the university’s new Main during an emergency meeting, agrees, Smith sought the chancellor’s removal of Governors, and for that I sincerely Henderson. “What has happened Campus Student Center. and tells Folt she has until Jan. 31, ever since Staton nixed Smith’s apologize.” on this story has been a targeted 2019. 2016 plan to buy a student housing attempt by you, Kari, your firm [sic] “I’m happy to be a part of a healthy complex near ECU and lease it to the Smith said Long approached him as well as a few others to defame and process and healthy discussions,” he university, Long says. two days earlier to have a private malign me falsely with that intent said. discussion about the dispute. with little to no effort to get the facts “Since that time, he has become and at the same time intentionally The recusal letter of Nov. 9 was an obsessed with removing the Neither Roper nor Smith would say at ignoring the obvious.” attempt to alleviate attacks from chancellor.” the monthly meeting who initiated some who have a personal vendetta the ECU chancellor’s resignation. against him, Smith said. Kel Normann, an ECU trustee, told CJ that Smith threatened multiple Smith says he would continue times to replace ECU’s entire Board of communication with the school, and Trustees, because, “‘We couldn’t get that “I’m not anti-ECU, and I’m not out of our own way.’ That’s a quote. anti-Cecil Staton [the ECU chancellor]. And he said it many times.” I’m not anti-trustees. When you’re being targeted, and targeted unfairly, it’s difficult to be successful.” CAROLINA JOURNAL // OCTOBER 2019 9 HIGHER EDUCATION

May 24, 2018 July 12, 2018 July 16, 2018 July 17, 2018 Aug. 1, 2018

Harry Smith is CJ hears raised voices coming from Spellings’ candidate for Despite the appearance of public CJ receives reports about tension between Smith unanimously elected a special, two-hour closed session. the WCU job, whose name tension, the relationship between and East Carolina University Chancellor Cecil Staton, chairman of the Board members refuse to vote on remains private, withdraws Spellings and the board isn’t strained, one of Spellings’ first executive hires in 2016. Trusted University of North an appointee presented by UNC his candidacy. Smith Smith tells CJ in an interview. sources tell CJ Staton’s job is on the line. A July 15 Carolina System’s President Margaret Spellings for the says the board will make email from Smith to Rep. Gregory Murphy, R-Pitt, Board of Governors. He chancellorship at Western Carolina changes in the chancellor “My goal is to make Margaret the and Rep. John Bell, R-Wayne, reveals concerns about officially assumes the University — a job that opened when search process. It’s the most successful president in history,” an op-ed by Staton published in the Raleigh News role July 1. former Chancellor David Belcher died chairman’s first big leap Smith said. “I serve at the will of the and Observer July 14. In it, Staton writes that ECU of brain cancer June 17. into revising university board. I’m always going to engage suffered a large budget cut at the hands of state operations. the board — and the officers — and lawmakers. The board’s decision not to vote I’m going to work in a really healthy is unusual, and email records later manner with the president and her “It’s been a scandalous couple of years at show that one board member, former team.” ECU that has and continues to embarrass our Raleigh mayor Tom Fetzer, stalled the great university,” Smith wrote. “Leaders take process by hiring an outside firm to “It’ll be a little bit of a different accountability, and they don’t point the finger. investigate Spellings’ candidate. The approach, not that the past approach I’m happy to sit down with Cecil and explain in action was permissible under state law was bad, but it’s going to be a lot great detail the many issues we have had under his requiring any state employee to be more teamwork.” leadership that he was in direct control over that thoroughly vetted, Fetzer said. has greatly hurt and divided ECU.”

CJ also obtains a July 25 letter from the ECU Board of Trustees to Spellings, defending Staton and expressing support for his “bold leadership, vision, and direction that this chancellor has provided East Carolina University.”

Oct. 26, 2018 Nov. 5, 2018 Nov. 7, 2018 Nov. 9, 2018 Nov. 12, 2018

Spellings announces she’s leaving UNC ECU’s Staton plans to leave his Smith contacts CJ via phone, claiming At a regular meeting of the UNC Smith changes his Nov. 14 meeting after just three years on the job. job Jan. 1, weeks before Spellings defamation for its reporting on his board, Smith says UNC-Chapel Hill with CJ to a phone call, including UNC vacates her office,CJ learns from interactions with Staton and ECU. trustees will submit recommendations System attorney Thomas Shanahan The former U.S. secretary of education sources familiar with the situation in He offers to sit down with staffers on Silent Sam Dec. 14, pushing action and UNC public information staff. The offers her resignation, effective March Greenville. Staton and Shanahan deny for an in-person interview to correct past the 90-day limit prescribed by call later is canceled by a UNC System 1, 2019. She had signed a five-year the report, pointing to an “incredibly the “false narrative” he says is being law. spokesman. contract with the university. positive 360 review” — a performance spun by the paper. CJ tells Smith it review of Staton ordered by Spellings retains full confidence in the accuracy That same day, Smith, in a letter Times change, and “those changes and conducted by university of its reporting, which is based on to the chairman of ECU’s Board of demand new leaders and new employees and community members public records and interviews, while Trustees, announces he is cutting all approaches,” she says. — as evidence the chancellor’s job welcoming his proposal for a meeting. communications with ECU. isn’t in trouble. A time is set for Nov. 14. “There has clearly been an organized Representatives of the UNC System effort from a very small, but vocal refuse to confirm or deny the group to create a false narrative, situation. CJ stands by the accuracy and it’s being done through petty, of its reporting and requests a copy personal attacks intended to harm or of Staton’s 360 review from ECU malign me,” Smith writes. “The ECU and UNC officials after Staton’s Board of Trustees has stated that declaration that he would be happy Chancellor Staton has their support, to see it made public. and I fully respect their position.”

May 14, 2019 August 7, 2019 Sept. 19. 2019 Sept. 24, 2019 Sept. 25, 2019

After months of discussion about In an interview with CJ, Smith UNC chancellors say during the Smith resigns, effective Oct. 1, saying Roper announces his intention to Silent Sam, Smith announces the appeared to answer a direct question monthly BOG meeting that the he’s too busy with his business to leave UNC June 30, 2020. He also says board won’t consider the fate of the about whether Roper should new system president should offer continue as board chairman. He he’s not interested in the permanent toppled confederate statue — as permanently lead UNC, given the leadership and stability. remains on the board as a non-ranking president’s job. planned — at its May meeting. news about the interim president’s member and recommends Vice Chair failure to disclose high-paying board “Getting some stability in the Randy Ramsey as the next leader of “Setting a clear time frame is the right “A small group of Board members positions on his statements of administration is really critical right the board. course of action to allow our system is prepared to review and discuss economic interest. now,” UNC-Charlotte Chancellor time to plan for a successor. I have no options at an appropriate time,” Phillip Dubois said. plans to be a candidate for president Smith said in a statement. “However, “Does this rule Roper out as a beyond June 30,” Roper writes to the our board and the universities have candidate for permanent UNC system board. also been focused on a number of president?” CJ asked Smith in a phone other issues, including the legislative interview. session, and there is nothing to report at this time. Therefore, the “You know, in my mind at this point, monument issue will not be on our Kari, it does,” Smith answered. agenda for the May meeting.” Less than two hours after CJ No date is set for future consideration published that quote in a story, Smith of the monument. texted CJ saying he had been “grossly misquoted.”

Aug. 6, 2019 “What I said was it does not preclude Bill at all from being a successful WBTV reports Roper failed to disclose candidate,” Smith wrote. his seats on the boards of major corporations between 2011 and 2019. A recording of the conversation Records show this was at the same shows Smith never made that time those corporations were doing statement. He did offer comments business with the state. supporting Roper after answering the initial question about Roper’s eligibility for the permanent job. 10 CAROLINA JOURNAL // OCTOBER 2019 REDISTRICTING Given constraints, new maps as fair as possible, experts say

BY BROOKE CONRAD Counties with N.C. House districts affected by court ruling ocratic vote-share. The remedi- al map produces 49 Democrat- edrawn election district ic-leaning House districts. Similar- YADKIN maps from the N.C. Gener- FORSYTH GUILFORD ALAMANCE FRANKLIN NASH ly, Chen’s Senate map produces 19 al Assembly, in their current to 22 Democratic districts with a form, would largely even the play- median of 20, and the remedial plan Ring field for 2020, experts say. DAVIE shows 22 Democratic-leaning dis- Both chambers passed the oth- tricts. ROWAN PITT ers’ maps Sept. 17. Redistricting an- Stephanopoulos notes that alysts have since evaluated them CABARRUS STANLY placing the new maps alongside through a relatively new technol- MONTGOMERY Chen’s doesn’t produce a “perfect ogy, Planscore, which attempts to LENOIR apples-to-apples comparison.” measure partisan favorability. The DUPLIN Both use the same 48% Dem- metric shows a decrease in the CLEVELAND ocratic vote-share, but Chen com- overall partisan skew of the new BUNCOMBE GASTON bined data from 10 statewide elec- UNION maps compared with the old ones, RICHMOND tions between 2010 and 2016, while MECKLENBURG but it fails to account for other fac- ONSLOW Planscore used only 2016 data. ANSON CUMBERLAND tors — such as residential geogra- PENDER Bitzer noted that it’s better to ROBESON phy and candidate likability. NEW HANOVER use an aggregation of various years In the end, several analysts COLUMBUS of data, if possible, to smooth out agree the resulting maps are about BRUNSWICK election anomalies. Calculations as fair as they could have been, giv- based off only one election year, en the time constraints and com- like Planscore’s, could have skewed plexity involved. Any remaining results. partisan bias likely results from Nevertheless, every data set two other factors. First, geograph- Counties with N.C. Senate districts affected by court ruling should be taken with the proverbi- ical districts generally favor Re- al grain of salt. publicans, who are dispersed more FORSYTH “I don’t think anyone should GUILFORD ALAMANCE FRANKLIN NASH evenly than Democrats through- take my data or anyone else’s and out the state. Second, many district say, ‘This is how elections will pan lines were redrawn to protect in- BUNCOMBE DAVIE out in 2020,’” Bitzer said. cumbents. Experts agree: an The court’s appointed refer- WAKE ee, Stanford law professor Nathan- overall fair process iel Persily, will ultimately decide JOHNSTON whether the maps comply with a RANDOLPH Despite bipartisan and occa- LEE court order. His evaluation may not DUPLIN sionally unanimous committee come until mid-October, at the ear- HENDERSON votes and praise for the fairness of HARNETT SAMPSON liest. The State Board of Elections TRANSYLVANIA the mapmaking process from both MECKLENBURG was told to inform the court by Oct. sides of the aisle, some Democrats 4 of any administrative limitations renewed concerns that members relating to 2020 primary elections, PENDER put too much effort into protect- since candidates will have to file for ing incumbents and did not allow BLADEN NEW HANOVER office in December. enough time for public comment. Votes in both chambers ran along How Planscore BRUNSWICK near-perfect partisan lines, except measures partisanship for the Senate’s 38-9 vote on its own map. Thirteen Democrats vot- Though legislators weren’t al- in the House and from 6% to 2% in tain number of seats to each major time swept Democrats from their ed for it. lowed to use partisan data when the Senate. party accordingly. General Assembly majorities, even In its ruling, the court allowed drawing maps, analysts can use it What Planscore doesn’t But that’s not the way elections though GOP candidates ran in dis- for “reasonable” attempts to pro- to evaluate maps after the fact. work when they’re based on geog- tricts gerrymandered to favor Dem- tect incumbents, that is, to draw Planscore calculates an “ef- calculate raphy, with one member represent- ocrats, Kokai said. lines to prevent incumbents from ficiency gap,” or the percent- ing each district. With geographi- “That doesn’t make the efficien- running against each other in the age of votes that would be wast- Michael Bitzer, professor of poli- cal representation, if every district cy gap metric necessarily inaccu- next election. ed by packing more voters than tics and history at Catawba College, were divided among the two ma- rate, but it also doesn’t make it use- “Operating in that kind of an necessary into one district and said residential geography plays a jor parties 51% to 49%, one par- ful as far as challenging the con- environment, people will contend not enough into another. In oth- “huge role” and might be part of the ty could win every election in the stitutionality of election districts,” some things should have been do- er words, when one party has a reason Planscore’s maps still tilt in state. With proportional represen- Kokai said. ne differently,” Bitzer said. “I don’t higher efficiency, it’s wasting few- favor of Republicans. Democrats tation, 51% of the votes means Another metric: The think they were necessarily big is- er votes than the other party. Com- tend to cluster in cities, while Re- roughly 51% of the seats. sues that would call into question paring the 2016 election maps with publicans are more evenly distrib- The “efficiency gap” metric al- Chen maps the process.” the current ones, the Republican ef- uted, resulting in a natural “gerry- so completely ignores the fact vot- David McLennan, a political sci- ficiency gap would tighten from 9% mander,” if you will, against Dem- ers don’t always choose their can- Planscore isn’t the only way ence professor at Meredith College, to 5% in the House, and from 11% ocrats. didates based on political party. A to evaluate new maps. Compar- says time was a factor. to 3% in the Senate. The problem with the “efficien- candidate from the district’s major- ing them with plaintiff expert Jo- “Given the time constraints — Planscore calculated a similar cy gap” metric is that it operates as ity party who’s unlikable, or who wei Chen’s data yields slightly dif- that is, a two-week window — the drop in favorability toward Repub- though elections should be based has ethical or legal problems, could ferent results, and shows favorabil- maps were probably as inclusive licans by calculating “partisan bi- on proportional, and not geograph- lose an otherwise winnable race. ity toward Democrats, per an anal- and transparent as they could have as,” or the number of extra seats ic, representation, said Mitch Kokai, An incumbent with strong name ysis from University of Chicago law been,” he said. “We’re having par- one party would be able to win in senior political analyst for the John recognition could win in a district professor Nicholas Stephanopoulos. tisans draw the maps, with Demo- a hypothetical, perfectly tied elec- Locke Foundation. that looks unfavorable on paper. For the House, Chen’s data sug- crats voting against both the House tion. Comparing 2016 and current If elections used the proportion- Such metrics also fail to account gest his maps would result in 43 to and Senate maps. That would sug- maps, the number of extra Repub- al system, you would simply count for so-called “wave” elections like 51 Democratic districts with a me- gest it’s not perfect, but it’s better lican seats dropped from 7% to 3% statewide votes and assign a cer- the one in 2010. Republicans at the dian of 46, based on a 48% Dem- than it was.” CAROLINA JOURNAL // OCTOBER 2019 11 BUDGET AND TAXATION N.C. budget timeline … so far

BY LINDSAY MARCHELLO over Medicaid expansion. Cooper sion before. In 2017, he tried to cir- years since, but they lost their ve- in the House only when most Dem- vetoed the 2019-20 state spend- cumnavigate the legislature and ex- to-proof supermajority in 2018 elec- ocrats were absent from the cham- he N.C. General Assembly has ing plan, saying it handed out tax pand Medicaid by getting from the tions. While the legislature once ber, provoking outrage from the mi- spent the summer locked in breaks but didn’t do enough to Obama administration an amend- bulldozed through Cooper’s vetoes, nority party. Cooper condemned the a budget stalemate as Dem- raise teacher pay or expand Medic- ment to the state’s Medicaid plan. now Republicans need Democrats’ action, and Democrats unsuccess- ocrat Gov. Roy Cooper and Repub- aid. Cooper tried to force the legis- The Republicans have shot down help for an override to succeed. Re- fully appealed to void the budget Tlican legislative leaders wrestle lature’s hand over Medicaid expan- attempts to expand Medicaid in the publicans overrode his budget veto veto override.

March 6 April 26 May 1 May 31 June 19 Cooper releases his 2019-20 budget, The House presents its own budget, Teachers march in the capital. The Senate gives final approval to the After spending weeks accusing each which spends $25.2 billion, expands which spends roughly $24 billion. Demands include a statewide $15 $23.9 billion proposed state budget other of failing to compromise, Medicaid, and raises teachers' minimum wage, pay raises for for 2019-20, sending the plan back Cooper and lawmakers sit together to salaries. teachers, expanded health benefits to the House. It doesn’t include a negotiate a budget. Cooper continues for retirees, and $6 billion in federal raised minimum wage or Medicaid to push Medicaid expansion, and and state spending for Medicaid expansion. Vidant Health condemns Republicans continue to reject it. expansion. the budget for cutting Medicaid payments to the Vidant Health Center in Greenville and implies the cuts are part of a hostile takeover planned by UNC Health.

June 24 June 25 June 27 June 28 June 30 Lawmakers refuse to release The General Assembly unveils its $24 The House sends the budget to Cooper vetoes the budget, calling it The fiscal year ends. The government their budget until they receive a billion state spending plan for 2019- Cooper’s desk. an “astonishing failure,” deriding its continues to operate under the counteroffer from Cooper. 20. It includes teacher and state tax breaks and demanding Medicaid funding levels set by the previous employee pay raises, more education expansion and more education year’s budget. Pay raises, program spending, and a compromise on the spending. funding increases, and other items are funding for school construction. stuck in the stalemate. It reduces the franchise tax and sets $710 million aside in the state reserves.

July 8 July 9 July 9 July 25 Aug. 1 The House puts a budget veto The House puts the override on the The House adds the Republican The House sends the Senate’s version Cooper signs the stopgap budget into override on the calendar but adjourns calendar for the second time but fails version of Medicaid expansion to of a mini-budget bill to the governor’s law. without voting. If all members are to take a vote. It decides to consider the House calendar in an attempt to desk. The bill ensures federal funds present in the House, Republicans temporary-funding measures instead. court Democrats. Speaker Tim Moore, continue flowing into North Carolina need to flip seven Democratic R-Cleveland, promises a full discussion by funding the state’s match rates. representatives to override Cooper’s of the Medicaid bill if the override veto. succeeds.

Aug. 15 Aug. 17 Aug. 19 Aug. 27 Aug. 30 The cost of staying in session over the Fifty days pass since Cooper’s veto. Teachers start heading back to school, As negotiations remain stalled, the Cooper signs several mini-budgets budget stalemate creeps toward $1 without raises. Senate passes a plan to deal with that give raises to some state million. almost $900 million in unexpected employees. But he vetoes funding tax collections. The plan would give for Medicaid transformation. He cash back to N.C. taxpayers. They exchanges more verbal fireworks with plan to refund up to $125 for each Republican leaders. individual and up to $250 for couples filing jointly.

Sept. 2 Sept. 3 Sept. 10 Sept. 11 Sept. 11 The legislature takes off Labor Day DHHS Secretary Mandy Cohen Republicans continue to push House Republicans override the Republicans reject Democrats’ request and the first week of September. announces she will delay the first piecemeal budgets. They introduce governor’s budget veto when to void the budget override. wave of Medicaid transformation and four new mini-budgets as proposed most Democrats are absent, 55-9. blames the budget stalemate. She committee substitutes in the Democrats are furious, and Cooper remains positive, but legislators warn Appropriations Committees of the condemns the action. The vote further delays could cost insurers House and Senate. The budgets ends the stalemate in the House 75 millions and increase the turmoil of address prison safety, disaster relief, days after it began, but the Senate transformation. untested rape kits, and school safety. still needs to woo one Democrat to override the veto.

Sept. 17 Sept. 18 Sept. 18 Sept. 19 The Senate says it will remain focused As part of its promise to consider The Senate and House take a break, The mini-budgets passed Sept. 10 on redistricting and will turn its Medicaid expansion after a veto scheduling no floor votes until Sept. become law. attention back to the budget veto override, the House Health Committee 30. override after maps are drawn. passes the Republican version of Medicaid expansion, which includes a premium and a work requirement. The bill moves to the House Rules Committee. 12 CAROLINA JOURNAL // OCTOBER 2019 EDUCATION Reading scores stagnant despite efforts to boost performance

BY LINDSAY MARCHELLO passe between the governor and breach of confidentiality, which the legislature over the General led to the cancellation of two re- ewly released school perfor- Fund budget, which Cooper vetoed quest-for-proposal applications. In- mance grades show reading June 28. stead, DPI directly negotiated with scores have remained stag- D’Elia said he doesn’t necessar- both Amplify and Istation. nant despite millions spent on read- ily agree the scores have remained Internal DPI documents ob- Ning interventions. flat. tained by WRAL show Istation was The N.C. State Board of Educa- “For the first time in years, we less expensive than Amplify. The tion in its monthly meeting Sept. 4 saw an increase in the passing rate assessment cost for Amplify was released the 2018-19 Accountabili- on the third-grade reading exam, about $12 million for three years, ty and School Performance Grades albeit a slight one,” D’Elia said. compared to about $8.3 million for report. The report includes test da- Stoops said the state has failed Istation. ta for a variety of subjects, school to identify factors that contributed The contract award recommen- growth data, and the number of to inadequate reading instruction dation letter says that while Ista- low-performing schools in the state. and low reading scores. tion is less costly, it includes 3,000 While North Carolina public “The General Assembly provid- teacher-directed lessons, remote schools have made some gains, par- ed funding for a range of problems student and parent access, and pro- ticularly in science, the percentage that were never clearly defined,” fessional development. of students scoring proficient on Stoops said. “Is the problem with “While Amplify was able to reading tests hasn’t moved much inadequate literacy training, or is submit an offer to satisfy the agen- over the past few school years. The the problem with the classroom en- cies’ needs, it was not cost-effec- recent math scores can’t be com- vironment, class size, or instruc- tive,” the contract award recom- CJ PHOTO BY KARI TRAVIS KARI BY PHOTO CJ pared to past scores because of State Superintendent Mark Johnson. tional materials?” mendation letter reads. “As the in- changes in mathematics reporting News of the stagnant reading cumbent the progress made by stu- standards. scores comes when State Superin- dents in reading is not significant. Terry Stoops, vice president for tendent Mark Johnson is fighting … The current test scores do not research and director of education Millions of dollars were poured bandage for a program in which im- to switch schools to a new reading support the inflated cost offered by studies at the John Locke Founda- into Read to Achieve, but significant plementation has failed. diagnostic tool, Istation. Since the Amplify.” tion, said reading scores, overall, gains in reading have been elusive. “Teaching children to read well start of Read to Achieve in 2013, Although DPI reaffirmed the have stagnated. Senate leader Phil Berg- is a critical goal for their future suc- the state has used Amplify’s mC- contract would go to Istation, Am- A little more than 57% of stu- er, R-Rockingham, a major pro- cess, but recent evaluations show lass to monitor reading scores and plify turned to the N.C. Department dents in grades three through eight ponent of Read to Achieve, intro- that Read to Achieve is ineffective help inform literacy instruction. of Information Technology to block were considered grade-level profi- duced the Excellent Public Schools and costly,” Cooper said in his veto In June, Johnson announced implementation of the new read- cient in terms of reading, while on- Act of 2019 in April to reform the message. the $8.3 million reading diagnos- ing diagnostic tool. DIT granted a ly 45.2% of students scored at or statewide reading program. Senate Bill D’Elia, a spokesman for tic contract would go to Istation. temporary stay Aug. 19, but John- above a 4, classifying them as “ca- Bill 438 would mandate individu- Berger, said lawmakers worked The decision brought complaints son filed a motion to dissolve the reer or college ready.” Stoops said al reading plans for students strug- with a bipartisan group of stake- from Amplify, which claimed Ista- injunction. this is 0.1% lower than the year gling to read, improve literacy train- holders, including Cooper’s admin- tion was developmentally inappro- Johnson on Sept. 4 praised the before. It’s slightly lower than the ing for teachers, and encourage fur- istration, to write legislation to im- priate. Amplify filed a protest chal- N.C. Department of Public Instruc- 2016-17 score of 57.5%. ther data collection. prove Read to Achieve. lenging the decision and argued the tion K-3 literacy department for Read to Achieve, a statewide During a news conference an- “That legislation, the Excellent evaluation committee tasked with handling the confusion caused by reading intervention program for nouncing the legislative reforms, Public Schools Act of 2019, passed awarding the contract settled on the conflict between Amplify and K-3 students struggling to learn Berger said Read to Achieve was the Senate unanimously,” D’Elia staying with mClass. DPI. to read, was implemented during working well in some places, but said. “But Gov. Cooper chose to ve- Johnson has brushed aside talk “It’s very exciting to see that 2013-14. The intent of the program adjustments in other areas were to a children’s reading bill, writ- that the evaluation committee we are bringing changes to these was to boost reading scores across needed. ten in part by his own administra- came to any consensus and instead programs, because if we are not the state by focusing on early inter- The bill passed Aug. 8, but Dem- tion, because of his obsessive Med- says Istation is the superior choice. moving the needle for students, vention from kindergarten to third ocratic Gov. Roy Cooper vetoed it. icaid-or-nothing standoff.” He said the evaluation process was then we need to do something dif- grade. Cooper argued the legislation was a D’Elia was referring to the im- mired by conflicts of interest and ferent,” Johnson said.

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The better way to go in the first year than it would have able conclusion that expanding Mike Pence, adopted Medicaid is by lowering the if they’d just done a traditional Medicaid would be a mistake that expansion eligibility guidelines in costs of health care Medicaid expansion. not only will fail to solve the prob- Obamacare, covering people from Indiana increased costs again lems its proponents claim it solves, BECKI GRAY 0-138% of the FPL. Many low-in- and reducing man- by increasing optional benefits but will create new problems and SENIOR VICE PRESIDENT come parents and adults who dates and other gov- beyond the standard Medicaid rekindle problems that have just JOHN LOCKE FOUNDATION were once on HIP 1.0 transitioned package. People living below 100% recently been put to rest — such as to marketplace coverage (people ernment regulations. of the federal poverty level have Medicaid cost overruns and yearly between 100-138% of the FPL). the choice of paying $3 to $15 a budget deficits.” n 2007, the federal government HIP 2.0 was adopted in 2015. month, depending on income, to Public programs of this mag- granted Indiana and then-Gov. Under HIP 2.0, the first $2,500 vision, and chiropractic services. obtain dental or vision coverage. nitude are hard to control. They Mitch Daniels a waiver to ad- of medical expenses for eligible When Pence announced the North Carolina’s Medicaid already increase costs and reduce access. minister Medicaid to an expanded services were covered by a special plan, he anticipated about 350,000 covers dental and vision. They put the vulnerable popula- Ipopulation. Indiana launched the savings account called POW- uninsured residents would be Indiana is expected to spend tions Medicaid was designed to Healthy Indiana Plan in 2008 with ER, for Personal Wellness and covered. Instead, 650,000 Indiana $1.5 billion on the plan by 2020, serve at greater risk. a five-year federal waiver. Responsibility. Every HIP member residents are eligible for the cur- paid with cigarette taxes and mon- North Carolina has about HIP was to be the nation’s first has a POWER account. The enroll- rent version, HIP 2.0. ey from a hospital assessment fee 2.1 million Medicaid enrollees. consumer-directed health plan ee shares those costs, capped at As of 2015, taxpayers have end- program — which will be passed Medicaid covers one of every two for low-income residents. The 2% of their income, or about $25 ed up funding about 95% of the on to patients or through higher babies born in the state. Adding intent was to encourage personal per month. The federal govern- HSA-like accounts. insurance premiums. an anticipated 643,000 additional responsibility and accountability. ment allowed Indiana to lock out Only 10% of HIP 2.0 — in- As we’ve seen in other expan- participants — and in every case, But it hasn’t worked as planned. enrollees with incomes between cluding the Medicaid expansion sion states, loosening eligibility re- the actual enrollment is higher Other states, including North Car- 100-138% FPL for six months if population — had incomes above quirements and lax oversight have than anticipated — to an already olina, should heed the warnings they didn’t pay the premium. the poverty line and were required expanded Medicaid so much that overloaded, fragile program is and not use Indiana as a model for Even with the “required” contri- to make the 2% monthly premi- it’s no longer a safety net program irresponsible. Medicaid expansion. bution, the state winds up paying um payment. The other 90% of for the most vulnerable. Instead, The better way to go is by There were two HIP versions. most of the $2,500 for enrollees. new enrollees haven’t had to pay it’s a taxpayer-funded health lowering the costs of health care The first HIP, enacted under Dan- There are a lot of opt-out waivers, anything. insurance program for many who and reducing mandates and other iels, was actually more generous and the state often fails to check Even among the 10% who are could pay their own way. government regulations that make because it extended eligibility to the income eligibility of enrollees. supposed to pay, so many exemp- As Senate leader Phil Berger, health policies needlessly ex- low-income parents and childless Additional provisions have tions are in place that a mere 0.2% R-Rockingham, said recently of pensive, so people can afford the adults with incomes up to 200% been added to the original HIP, of enrollees have been kicked off Gov. Roy Cooper’s insistence on health insurance that best fits of the federal poverty line. There including a work requirement, Medicaid for failure to pay. holding up the state budget in ex- their needs, not what the govern- was a cap on childless adults who wellness incentives, and dental, As a result, taxpayers are paying change for Medicaid expansion in ment decides to hand them.

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includes the federal Protection of Pupil Rights, or Hatch Amend- Much like their coun- ment, a law passed by Congress 41 terparts in higher edu- years ago restricting the collection cation, certain English of certain information from minors without parental consent. DR. TERRY STOOPS teachers in middle and I suspect most parents would VICE PRESIDENT FOR RESEARCH high schools believe not consent to high school JOHN LOCKE FOUNDATION educators should use teachers using scarce classroom resources to impose their social their position to ad- justice ideology on impressionable ast month, Wake County par- vance progressive so- students. They simply want their ent Dina Bartus garnered na- cial and political ideals. children to acquire the academic tional attention for exposing skills and knowledge needed to be a controversial assignment given successful after graduation. But a Lto her child and other 10th-graders cators, rather than what educators majority of high schoolers are fall- at Heritage High School in Wake know is best for kids.” ing short. Last year, only around Forest. A subsequent commenter 39% of 11th-grade students met The “diversity inventory” directed his comment to Bar- the ACT performance benchmark assignment was a worksheet that DIVERSITY INVENTORY. It’s not known how the teacher planned to use the tus’ teenage son. “Toughen up, in English. Even more concerning inquired about the gender, race/ information or why she believed it was necessary to collect it. snowflake! Adulthood is two years is the fact that only one-third of ethnicity, age, sexuality, ability, away! And it’s a lot more stressful high school juniors met the ACT religion, and socio-economic status than a questionnaire.” “Sounds benchmark in reading, while just of students and their classmates, The 10th-grade English Lan- setting,” another Heritage High like a case of White Fragility to under 30% met writing standards. teachers, close friends, doctors, guage Arts Standards for N.C. School English teacher proclaims me,” another teacher observed. Heritage High School students household, and neighbors. In an public schools certainly don’t ask on her school website. “My second “This looks like a good activity for fare better than state averages on interview with Fox News’ Todd teachers to incorporate sensitive goal is to lead my students in iden- creating awareness.” the state-mandated ACT tests. Starnes, Bartus observed that personal information into reading tifying and strengthening their The activity created so much Even so, only around half of all asking teenagers to reveal details and writing instruction, nor do individual voice and reasoning awareness that the Heritage High 11th-graders at Heritage High met about their private lives to their they direct teachers to explore the skills. I view teaching literature School principal asked the teacher the performance benchmark in En- classmates put them in “very un- issue of privilege. and writing on a daily basis as a to discontinue the lesson and re- glish. Six out of every 10 juniors at comfortable and possibly danger- Perhaps those who drafted the perk of the job.” leased a statement about his com- the school failed to meet the ACT ous situations.” That’s the kind of standards naively assumed that Perhaps the state needs to spec- mitment to inclusiveness, privacy, benchmarks for reading and writ- foresight and common sense the educators would exercise good ify that teaching literature and and parental involvement. ing. Roughly eight out of every 10 teacher apparently did not possess. judgment and adhere to research- writing on a daily basis is more Drew Cook, assistant superin- black, Hispanic, and low-income It’s not known how the teacher based methods for boosting litera- than a perk of the job. It is the job. tendent for academics, and Rodney students who took the ACT tests planned to use the information or cy and fluency. Online comments revealed that Trice, assistant superintendent last year failed to meet reading why she believed it was neces- Much like their counterparts in a troubling number of N.C. public for equity affairs, later told Wake and writing standards. sary to collect it. Bartus believed higher education, certain En- school teachers endorsed the County teachers that students The field of education is not the English teacher wanted to glish teachers in middle and high goals of the “diversity inventory” “should not be asked or encour- obsessed with what parents want use the information for a lesson schools believe educators should assignment, even as many took is- aged to reveal information about from educators. But it should be. on “privilege,” the notion that use their position to advance pro- sue with the way that the English their identity or other sensitive, Thankfully, parents like Dina Bar- physical characteristics, material gressive social and political ideals. teacher delivered the lesson. personal information. Students tus are speaking out and standing circumstances, and other factors “My primary goal as a teacher One teacher declared, “And I should not be asked to complete up to a public school establish- impart unearned advantages at is to combat unjustified cultur- certainly agree that the field of any surveys without the approval ment that seems to have forgotten the expense of those who do not al, racial, and socio-economic education has become obsessed of the principal and only in com- that parents, not educators, know possess those attributes. stereotypes within the high school with what parents want from edu- pliance with applicable law.” That what’s best for their children.

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Findings are relevant for As studies accumulate, the schools. Many have taken steps message of digital restraint is already to protect dedicated class resonating. Last year, France time, implementing strict policies banned cell phones in schools for around personal phone use in students younger than 15. Schools class. But this study offers new in the United States and elsewhere KRISTEN BLAIR caution, showing even breaktimes are choosing to move toward more COLUMNIST matter. Checking notifications on restrictive policies. Some require a smartphone right before a test? younger students to put phones Not so smart. completely away during school nyone with a smartphone What could explain phones’ hours, bell to bell. knows these devices are lingering effects? That mechanism Is the goal to banish all devic- devilishly distracting. But isn’t clear. It could be that students es? Of course not. There’s ample can taking a break with smart- are still processing what they saw evidence supporting the strategic Aphones cause brain drain? A new on the device, says physician and use of digital tools in learning study shows it might, depleting filmmaker Dr. Delaney Ruston. environments. But setting phones cognitive capacity for challenging Producer of the award-winning aside during the school day could work. This is significant news for documentary “Screenagers,” help protect younger students’ educators and parents, since most Ruston also launched Away for concentration and well-being. The tweens and teens own smart- ADDICTIVE. The finding supports the theory that people are more cognitive- the Day, encouraging elementary big idea behind Ruston’s move- phones. Many are on them con- ly and emotionally attached to their phones than to other devices. and middle schools to become cell ment, she says, is to share science stantly. If there’s a dumbing-down phone-free zones. and experience with young people, effect from phones, there are impli- Evidence is on her side. “We helping them become mindful and cations for learning environments ing a grocery list, but some used There’s no ammunition here know from science that when engaged themselves. An Away for everywhere. computers, some used paper, and for an all-out rant on screens: devices are put away for the day the Day school poster validates This new study from Rutgers some used cell phones. Then they Computers caused no cognitive that grades actually improve in kids’ struggle to set phones aside scientists Terry Kurtzberg and returned to word puzzles. A control depletion. But there’s something the school setting,” Ruston says. — but raises their sights, saying, Kang Sanghoon, published in the group went without a break. about that phone. It’s addictive, She’s also deeply concerned about “It’s not easy … but it’s worth it.” Journal of Behavioral Addictions, What happened? “Participants magnetic, researchers write: social-emotional impacts, which Isn’t that true of many good assessed cognitive costs of media who took a break on their cell “This finding supports the she covers in her forthcoming things requiring restraint? Educa- during a break from rigorous work. phone took 19% longer to do the developing theory that people documentary. “Younger kids and tion, like life, is a long game. Kids College students tackled the same rest of the task and solved 22% are more cognitively and emo- middle-schoolers are more likely to need to be present — emotionally challenging task — solving word fewer problems than did those tionally attached to their phones experience some sort of emotional and cognitively — to win. puzzles — but were randomly in the other break conditions than they are to other devices, hit during the day when they have assigned to different break condi- combined,” noted Rutgers’ press re- including other electronic tools access to a phone. ... It can set Kristen Blair is a Chapel Hill-based tions. All spent the break compil- lease. Their brains? Slower. Duller. such as computers.” them into a tailspin,” she adds. education writer. Advising and peer connections: Helping transfer students earn a degree

Nantz to learn more about the pro- In one of our meetings, we have 81.6% graduation rate after three gram and how it has helped North C-STEP students at Wake Tech students who are years at UNC. That’s in comparison Carolina’s students. currently at UNC come back to to 68.3% for the rest of the commu- How long has the program Wake Tech that transfer Wake Tech and sit on a panel and nity college transfer population to been around? Can you tell us a to UNC have an 81.6% let our current students ask them UNC. We just calculated this data little bit about how the program graduation rate after whatever they want as far as the recently. SHANNON WATKINS works? challenges they saw, or mundane The final GPA from Wake Tech COLUMNIST C-STEP has been around since three years at UNC. questions like, “What’s your favor- C-STEP students is a 3.1 when they 2006; it started with five communi- ite place to eat on Franklin Street?” graduate from UNC, as opposed to ty colleges. And it was started with Just a series of questions that are a 2.8 for non-C-STEP community JUMPING RIGHT into a four-year a grant from the Jack Kent Cooke from UNC come and tell students of general interest to ask them. college students. Part of it might university after high school isn’t Foundation. I’ve been with the pro- what life is like at UNC: what How has the program helped be self-selective: Students who are for everybody. There are numer- gram for five years. It now has 13 opportunities exist, how to fill out students? motivated, are goal-directed, our ous reasons, for some students, community colleges. We serve 800 financial aid, what kind of opportu- I find the benefits of the C-STEP program is something they look that attending a community students from all the 13 communi- nities there are in study abroad, or program to be two-fold. One: It into and apply for. college and then transferring to ty colleges, plus the ones that have what scholarships are available to gives students a cohort of friends We probably have a 5% or 10% a four-year university is the most already transferred to UNC. them. We have UNC advisers come or peers — people who are going dropout rate. And this can be for prudent decision. What requirements do stu- twice a year to advise students to hold them accountable and a variety of reasons. I had two But navigating the transfer dents need to meet to participate on what the transition is going to help motivate them. It’s a cohort students drop from last year to this process can be daunting — even for in the program? be like and what classes they are to transfer with, of friends they year, and it was both because they the most driven students. Success- It requires an application. We of- going to need to take. can rely on. Second: We ease their moved to another state. fully transferring to a four-year ten get students in their first year, We also have programming at transition by giving them contacts, What I love most about this school requires a lot of guidance or often they apply in their senior UNC, so sometimes we go there. by helping them already know program is that these students are and proactive planning. year of high school. They have to At UNC, there’s a C-STEP kickoff the campus, and by helping them very self-motivated. They have While most community colleges have a 3.2 GPA. The application event in September where they understand what the requirements big dreams and big goals, and part offer advising services, there’s a requires essays and two letters of meet students from the other and expectations are at UNC. of what I love about advising program in North Carolina that recommendation. Originally, the community colleges and they hear How successful are C-STEP the program is seeing students goes above and beyond in its ef- program was targeted at students from an array of speakers — sever- students — during the program grow from high school age just forts to ease students’ transition to who are first-generation or low-in- al of them being students. and after they transfer? Are getting to Wake Tech to becoming a four-year university. The program come students, but we’ve really We also do a shadow program there any data on how many researchers. is called the Carolina Student been able to accommodate whoev- where we pair students with some- students participate and what Transfer Excellence Program. er we find who is a great student one who is their major at UNC, and schools they transfer to? Shannon Watkins is a policy The Martin Center spoke with who’s a good fit. There are meet- they go to a day of classes with C-STEP students at Wake Tech associate at the James G. Martin Wake Tech C-STEP adviser Derrick ings where we have administrators them. that transfer to UNC have an Center for Academic Renewal. 16 CAROLINA JOURNAL // OCTOBER 2019 EDUCATION Donors beware: College officials have their own ideas about using your money

his desires by sending a letter Sherlock Hibbs did every four years attesting that it was doing so. everything imaginable But in 2014, Missouri did not to try to guarantee his send Hillsdale the required letter, school would devote causing the latter to investigate GEORGE LEEF the “Austrianness” of the faculty COLUMNIST his money to the pur- holding the Hibbs professorships. poses he had in mind. Hillsdale scholars familiar with the Austrian School had no trou- t is quite common: A successful ble discerning that not one of the college alum decides to donate Missouri faculty members could a large sum of his accumulat- quest and would use the funds to remotely be described as Austrian. ed wealth to his alma mater, but hire professors with “evident com- In 2017, Hillsdale filed suit Iwants the money to be used in a mitment to the tenets of a free and against the University of Missou- specific way. School officials want open market economy, coinciding ri in a state court in St. Louis. It the money. They don’t, however, with the Austrian School of Eco- seeks a ruling that Missouri must care for the conditions attached to TRULASKE COLLEGE OF BUSINESS. The most recent instance of a university nomics, including such principles turn over the $5 million given by it. What to do? accepting an alum’s donation and then using it in ways inconsistent with his as innovation, creativity, change, Sherlock Hibbs — plus interest — The honorable course of ac- wishes involves the University of Missouri. entrepreneurship, private property, because it failed to comply with tion, of course, would be to say, competition, pricing through mar- his conditions. The case has yet to “Thanks, but we’ll have to decline kets, individual choice, and market come to trial. unless you are willing to change processes.” Sherlock Hibbs did everything your conditions.” But often, they sitions. Those positions, however, at TCB thought hiring a cadre of Despite the tiny bow toward imaginable to try to guarantee his decide to accept the donation, were not to be filled with just any Austrians would make it too radi- Austrian theory, Walker’s descrip- school would devote his money knowing they aren’t going to fully scholar. Hibbs wanted only people cal. That’s because the Austrians tion meant the university could to the purposes he had in mind. comply with the donor’s inten- who would conduct their teaching argue that nearly all governmental hire any business professors so If the university should convince tions. and research from the analytical interventions in the economy are long as they were not leftists. the jury it has done nothing wrong The most recent instance of a perspective of the Austrian School counterproductive. But there was a catch. Under and may keep his money, it’s hard university accepting an alum’s of economics. Missouri’s provost, Brady the terms of the bequest, Hillsdale to imagine that any prospective donation and then using it in ways Professor Peter Boettke explains Deaton, feared that if the Hibbs College was to oversee Missouri’s Missouri donor who wants to inconsistent with his wishes in- the key aspects of the Austrian bequest were strictly followed, it use of the funds. Hillsdale would target his donation will ever again volves the University of Missouri. School as, “The primary task of would create the perception “the be a third-party beneficiary of the do so. Sherlock Hibbs graduated from economic analysis is to make university was held hostage to a Missouri bequest. If the money TCB is helping to further weak- Missouri in 1926 and pursued a economic phenomena intelligible particular ideology.” was not used according to Hibbs’ en the trust that philanthropy successful business career. Late in by basing it on individual purposes University officials were deter- desires, the funds would go to depends on. his life, he approached the univer- and plans; the secondary task is to mined to take Hibbs’ money and Hillsdale. sity’s Trulaske College of Business trace out the unintended conse- avoid his conditions. So in 2003, It was up to Missouri to certify George Leef is the director of editorial with a proposition. He offered $5 quences of individual choices.” Bruce Walker, dean of the college, to Hillsdale that it was using the content at the James G. Martin Center million to support six faculty po- The problem was that officials announced it had accepted the be- Hibbs bequest in accordance with for Academic Renewal.

The mostThe influential most influential thinkers thinkers in our in our educationeducation schools schools are radicals are radicals who who adhereadhere to a collectivist, to a collectivist, utopian utopian vision.vision.

Read ourRead latest our latestreport: report: The PoliticizationThe Politicization of University of University SchoolsSchools of Education of Education Download at go.jamesgmartin.center/researchDownload at go.jamesgmartin.center/researchor call 919-828-1400 to request a hard copy. or call 919-828-1400 to request a hard copy. CAROLINA JOURNAL // OCTOBER 2019 17 COMMENTARY Centuries-old legal idea could help fight N.C. health care restriction

cards, and two men fighting over the right to manufacture, import, and sell those cards. An English court tossed out a monopoly the queen granted to one of the antag- onists. The court ruled that “the MITCH KOKAI end of all these monopolies is for SENIOR POLITICAL ANALYST the private gain of the patentees.” JOHN LOCKE FOUNDATION Moreover, the monopoly was “against the Common Law.” More than 20 years later, still o one had access to an MRI 150 years before North Carolina’s machine in 1603. But a legal first constitution, Coke drafted Sir Edward Coke principle dating back at a Statute of Monopolies, which de- British Jurist least that far could help some N.C. clared them “altogether contrary 1552-1634 Npatients get easier, less expensive to the laws of this realm, and so access today to this vital mod- are and shall be utterly void and of British jurist and politician whose ern-day medical device. LAWSUIT. At a July 31, 2018 press conference, Dr. Gajendra Singh, a Forsyth none effect.” defense of the supremacy of the The principle involves the ban County surgeon, discusses the lawsuit he has filed challenging certificate-of- Despite those precedents, common law against Stuart claims of state-sponsored monopolies. need laws. At left is Raleigh attorney Denton Worrell and at right is Institute monopolies persisted. American of royal prerogative had a profound It’s one piece of Winston-Salem for Justice Attorney Renee Flaherty. colonists had firsthand experience influence on the development surgeon Dr. Gajendra Singh’s ongo- with them, including the infa- of English law and the English ing challenge of North Carolina’s mous monopoly that led to one of constitution. certificate-of-need law. He couldn’t. The state CON the key events on the path to the “The anti-monopoly clause was law blocked Singh from buying American Revolution: the Boston originally adopted for the specific an MRI machine. Only a health Opposition to Tea Party of 1773. purpose of forbidding govern- care provider with a government government-granted Guze concludes “there can be an earlier version of the CON ment-granted monopolies such as permission slip could add new MRI monopolies had little doubt that the members law. Deciding a case in favor of a the one created by North Carolina’s equipment in Forsyth or any other of the Fifth Provincial Congress private hospital that wanted to CON law,” writes the John Locke N.C. county. a lengthy history had government-granted monop- build a new, larger facility, the Foundation’s Jon Guze in the latest Singh filed suit in July 2018 to before the American olies specifically in mind when court wrote that a CON restriction issue of Political Economy in the challenge the CON restriction. His they added the anti-monopoly “establishes a monopoly in the Carolinas. “Fortunately for Dr. case is scheduled for a courtroom revolutionary era. clause to the state constitution in existing hospitals, contrary to Art. Singh — and for the thousands hearing Oct. 21. 1776.” They meant to block those I, Sec. 34 of the Constitution of of other North Carolinians whose Lawyers working with Singh monopolies in order to secure “the North Carolina.” right to earn a living has been contend that the CON law violates right to earn an honest living by Does this precedent mean Singh violated by state laws that confer multiple provisions of the N.C. the current governing document engaging in a lawful occupation,” is bound to win his case? No. monopoly privileges on politically Constitution. Among them: The ratified in 1971. he writes. The fight against govern- favored groups — the anti-mo- Declaration of Rights’ proclama- Opposition to govern- The definition of “monopoly” ment-granted monopolies “can nopoly clause can still serve that tion in Article I, Section 34 that ment-granted monopolies had a has changed in the past 240 years. never be decisively won,” Guze purpose today.” “Perpetuities and monopolies are lengthy history before the Amer- It now includes businesses that concludes. “The potential rewards Before turning the clock back contrary to the genius of a free ican revolutionary era. Those gain power over an economic sec- are huge, and would-be monop- to the early 1600s, let’s revisit state and shall not be allowed.” who placed the anti-monopoly tor without government involve- olists and politicians will never basic details of the Singh case. The anti-monopoly clause “has clause into North Carolina’s first ment. But that new meaning has stop trying to secure and share He opened a diagnostic-imaging been part of North Carolina’s con- constitution would have relied on expanded — not replaced — the those rewards.” center in Forsyth County in 2017. stitutional endowment from the lessons from the “great 17th-cen- original meaning, Guze writes. But as “those who wish to exer- Offering X-rays, ultrasound, and CT very beginning,” writes Guze, JLF’s tury jurist” Sir Edward Coke, Guze In fact, the N.C. Supreme Court cise their right to engage in lawful scans, Singh also wanted to pro- director of legal studies. It was part reports. ruled as recently as 1973 that occupations” continue to wage vide his patients access to low-cost of the original state constitution A “widely read” report from the state prohibition on monop- their courtroom battles, they have magnetic resonance imaging at the in 1776 and has remained part of Coke documented a 1603 case in- olies applied to another govern- more than 400 years of legal histo- same location. each succeeding version, including volving Queen Elizabeth, playing ment-granted monopoly. It was ry on their side. NORTH CAROLINA

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A visual exploration of the current N.C. budget: How does state government get its money? How does it use that money? How has that changed over time? And how might that change in the future? 18 CAROLINA JOURNAL // OCTOBER 2019 IN MEMORIAM Beverly Lake dies, leaves legacy of justice and reform

BY KARI TRAVIS

ormer N.C. Supreme Court Chief Justice Beverly “Bev” Lake Jr., the criminal justice reformer known for his leadership of Fthe N.C. Actual Innocence Commis- sion, died Sept. 12, 2019. He was 85. Lake, a tough-skinned believer in the justice system, was known to wear a pistol in court, and once had a defendant’s mouth duct-taped shut, reports say. But his back- ground poised him as a catalyst for major criminal justice reforms, even when those policies made him un- popular with his own party. Ultimately, a balance of justice and kindness defined Lake, said Richard Rosen, a retired UNC law professor, board president for the N.C. Center on Actual Innocence, and one of the original members of Lake’s commission. and said, ‘Innocent people who are In the late 1960s, Lake took a In 2015, Lake described the cam- Countless meetings, lunches, The AIC pulled together po- convicted of crimes are victims.’ job as deputy attorney general for paign to Marshall Project reporter and arguments were required, but lice, prosecutors, defense attor- “And I thought, ‘I couldn’t have North Carolina. A registered Dem- Eli Hager as having left “a cold grip the AIC yielded results. Lake and neys, and law professors, somehow said it better myself.’” ocrat, he served two terms in the on my stomach, a feeling of pure his commission wrote one of the melding a cacophony of ideas. Born in Raleigh Jan. 30, 1934, N.C. Senate. He switched parties in reluctance and dread.” first laws in the U.S. requiring po- “He kept everybody together,” Lake, a tough-on-crime politico, 1980 and ran — unsuccessfully — Lake was afraid his father’s lice to record interrogations. They Rosen said of death penalty argu- drew inspiration from his father, as the Republican nominee against segregationist views and his own drafted the first law to create hefty ments that nearly splintered the Isaac Beverly Lake Sr., incumbent Democratic anti-crime record would sully the standards for eyewitness identifi- group. Lake, who began establish- an American jurist, Gov. . campaign. He ran as “Bev Lake,” cations like lineups and photo ar- ing the body in 2002, wanted input law professor, and pol- In 1984, Lake opting out of the name that would rays. They set guidelines to protect from all sides. New DNA science itician. Innocent served as legislative li- evoke memories of Lake Sr.’s lega- DNA evidence. was shattering his views on guilt Lake was a pri- aison for Republican cy. Lake would never say his an- and punishment. Evidence showed vate lawyer for sever- people Gov. James Martin, and It was a transition point for ti-crime views had softened or innocent people were being tried, al years, but a desire to who are then was appointed as Lake, who would go on to watch changed, Rosen said, but his lega- convicted, and locked away. promote justice drew convicted a judge for the state Su- DNA evidence disprove criminal cy is his stalwart belief that justice Lake’s commission was ground- him to public service, perior Court in 1985. conviction after criminal convic- is for all, and, more important, that breaking, Rosen said. It was a place said Raleigh attorney of crimes Lake, who wished to tion. The case of Ronald Cotton, a it isn’t a partisan conversation. of action — a place where laws Gene Boyce, who prac- are serve on the N.C. Su- North Carolina man who served 10 “This was an issue for anybody originated, and where 15 wrongly ticed law with both victims. preme Court, ran and years in prison for a rape he didn’t who really cared about justice. He convicted people were exonerated Lake and his father. lost in 1990. Martin commit, pushed Lake to investi- really believed that,” Rosen said. from their crimes. The younger Lake in- would appoint Lake gate. “He saw it as important for the en- Getting there wasn’t easy, Ros- herited his apprecia- to the state’s highest Lake’s conservative friends tire criminal justice system that en said, but Lake handled conflict tion of the law from the court for a brief stint “believed I’d had a turnaround, a we had — that we had to do what with aplomb. elder Lake, Boyce said. This respect in 1992, but the Raleigh native change of heart, but I just kept try- we could to make sure that we con- “The thing that sticks in my for justice drove Lake Jr. throughout wouldn’t be elected to hold a seat ing to explain that this was an ex- victed the guilty, and not the inno- mind most is we had a victims’ his long career, though his father’s until 1994. pansion, not a reversal,” he told cent.” rights advocate [in a commission racial views — and unsuccessful Lake was elected to be the Hager while eating crab cakes at a “I think it is something that has meeting] who was very angry segregationist campaign for gover- high court’s chief in 2000, running Raleigh cafe in 2015. “My primary had an impact on many lives in the about what we were doing,” Rosen nor in 1960 — would become prob- against Henry Frye, the first -Af objective was to restore society’s state already, and I think he de- said. “Justice Lake turned to him lematic later in life. rican-American to hold the seat. confidence in justice.” serves credit.” THIS IS WHAT OPPORTUNITY LOOKS LIKE. Learn more online at: www.carolinajournal.com/series/opportunity-scholarships #SchoolChoice CAROLINA JOURNAL // OCTOBER 2019 19 HIGHER EDUCATION Political polarization affects support for free speech MK: Political polarization, we know, is causing major changes in the United States. You say it’s also affecting how people view free-speech rights. How so? TC: … The polarization has to do with competition over competing values. So if you ask young people, for instance, in college sur- veys, about which values they would like to see more protection of, there’s a fairly strong divide that breaks down around gender, political party, race. And in a recent survey done of col- EXCHANGE POLICY COURTESY lege students, a very good A GENERATIONAL DIVIDE: “I’m starting to get up there in years, and I see generational differences. And I never thought, for in- stance, as a college professor, I would have to explain why freedom of expression was important to young people. I just assumed survey, a Knight-Gallup they all learned that somewhere. But evidently, they’re not really learning that somewhere.” Thomas Cushman poll, I believe it is, you can Professor see the divides among the Wellesley College young people especially. TC: So that, for instance, if Well, exactly. And, you you’re not included, why to be the starting point for question, I generally tell Political polarization generates you ask students the ques- know, I’m starting to get you’re not being treated all other rights claims. them that if you went back many negative consequences tion, “Which do you prefer up there in years, and I see equally. And I think that’s I think with some per- in time to Berkeley in the for society. Among them: to have more protection: generational differences. the argument I try to make. suasion, you can persuade 1960s, that that’s where the There’s a divide within inclusion and diversity, or And I never thought, for in- people with that. How site of student radicalism MK: the American population freedom of expression,” stance, as a college profes- If a substantial could Martin Luther King was, including in my own about protecting important there are very strong divides sor, I would have to explain portion of our young have ever fostered the civil field, sociology. They took classically liberal values, on that — in fact, by sig- why freedom of expression people, or the American rights movement without over buildings and created including free-speech rights. nificant percentage points. was important to young population at large, freedom of speech? And I havoc, and they wanted to Thomas Cushman, professor of So, for instance, Democrats, people. I just assumed they values freedom of had a very interesting Afri- create a revolution. I had a sociology at Wellesley College, women, African-Americans all learned that somewhere. expression less than some can-American young man professor that was teaching highlighted that issue during — those three particular But evidently, they’re not of these other values, tell me, when I said that, there at the time, and he his recent work as a visiting groups tend to favor diver- really learning that some- what sorts of problems he said, “Well, he shouldn’t said, “Well, what comes senior research fellow at Wake sity, equity, and inclusion, where, because … many of does that create for our have had to die for it.” And after the revolution?” They Forest University. Cushman which are three important them come in with very society? I thought, “Well, that’s a said, “Well, we don’t know. discussed his research with values in American history. little knowledge, very little pretty good response,” that We just want to have the TC: the John Locke Foundation’s But if you look at white understanding of the scope One claim that I make, you shouldn’t have to die revolution.” It’s never a good Shaftesbury Society. He shared men who are Republicans, of the First Amendment or and the first claim that for expressing your right idea to have a revolution highlights from the speech it’s completely the opposite. the jurisprudence about the I ever make when I talk of freedom of speech. But and not kind of know where during an interview with Mitch So you can see it on college First Amendment in the about the right of freedom that’s what struck me, is you’re going, because then Kokai for Carolina Journal campuses at least — which last several hundred years. of expression, is that it’s a that it is dangerous to speak you don’t end very well. Radio. is where I work — that And so, you can’t assume reason that is in the First freely, especially in a cli- But the reason I bring up there’s a very strong divide. students coming into even Amendment. Because my mate where there is hatred, this story is that if you look It’s not like they don’t care the most elite colleges have view is at least that the there is violence, and that at the data later on, in 1980 about the other values. It’s a strong appreciation. That founders understood that kind of thing. — if my memory serves me just they prefer protection of was just assumed by people freedom of expression, right — over 50% of the MK: one value set over anoth- of my generation. We just being able to make rights So we have this students at Berkeley voted er. And I do believe that’s didn’t question it, and we claims, or to complain divide. We see this from for Ronald Reagan. So I don’t also very apparent in the were taught that. I think about the violation of the survey results. What think it’s a one-way trajec- survey data for the general now, in the high schools, your rights, necessitated do we do about it? tory. I don’t think freedom American population. As the students [are] getting freedom of expression. It’s of speech is on the way TC: a sociologist, I pay fairly more, I think, of the diver- the right from which all Everybody asks me out. If you asked the whole careful attention to that sity, equity, and inclusion other rights evolve, or are that, but I think some of population, it’s about 50-50. same breakdown. Women value system, which means articulated. these things are genera- When you break down these who are Democrats ... liberal you shouldn’t say things And you can’t make tional. I’m already seeing ethnic differences, and ra- Democrats, white women that “harm people” or make any other rights claims, in some of the younger cial differences, and gender who are liberal Demo- them feel offended or un- whether it’s about equal- generations who come in, differences, it becomes more crats, African-Americans comfortable. ity, or progressive values, say, to the college, who pronounced. who are Democrats tend And that’s more en- or any kinds of claims, are four years younger But I do think there’s to favor diversity, equity, forced, say, in a high without having that right than maybe the students something like a pendu- and inclusion. White male school setting, which is a of freedom of expression. who have really pushed lum, that there’s a swing Republicans, conservatives, much more disciplinarian But what you tend to see this. These values seem to back and forth, and that we tend to favor the defense of setting. So when they get is people essentially not un- be prominent among the might be in a diversity, equi- free-speech rights. And the to college, they just keep derstanding the connection millennial generation. And ty, and inclusion pendulum percentage differences are adhering to the same value between the fundamental, we sociologists have waves [swing] right now. And I quite stark, actually. systems. And it’s hard work we would say in law, “non- of generations. I’m never think that — it’s my hope, to convince them that derogable” right of free- going to say time will tell, anyway — that maybe peo- MK: And this, I suspect, is freedom of expression helps dom of expression, and its but I do know that there ple might see that it’s really a change. If we looked back everybody, especially if you connection to any kind of are generational shifts in not a very pleasant state to Listen to this and other some years ago, you would want diversity, equity, and rights claim of injustice, or beliefs and value systems. exist in a situation where interviews online: see more general support inclusion. The only way to violation of civil rights, or So, for instance, when you’re constantly afraid to www.carolinajournal.com/radio for free-speech rights. get that is by saying why anything like that. So it has anybody asks me that say what you think. 20 CAROLINA JOURNAL // OCTOBER 2019 EDITORIAL Reform should accompany new districts

hatever else we might conclude that North Carolina’s That’s why the General Assem- Neither side can know who ties in the General Assembly and say about redistricting perpetual and costly problems bly should make sure the new will control the legislature after approved by North Carolina voters in North Carolina, it’s with redistricting are over. districts required by the trial court the 2020 elections. What if you in a referendum. clearly the opposite of boring. In In the state court case, Common are accompanied by enactment of end up in the minority? Shouldn’t Let’s end the costly cycle of WJune, when the U.S. Supreme Court Cause v. Lewis, the three-judge House Bill 140, known as the Fair you take out an insurance policy litigation, oscillation, and recrim- refused to strike down North Car- panel ordered a remedy to a specif- Act (for Fairness And Integrity against the catastrophic loss of ination. olina’s congressional districts as ic set of districts drawn in 2017. It in Redistricting). Its provisions adverse redistricting in 2021? Let’s embrace the opportunity unconstitutional partisan gerry- did not and could not make a per- are entirely consistent with the Lawsuits can produce specific to reform our redistricting pro- manders, Republicans celebrated manent change in the way North ruling but go further to ensure remedies to specific harms. They cess, and to set a new and better and Democrats fumed. Carolina adopts its electoral maps. that future districts are compact, are no substitute for reform enact- example for how to resolve public Then, in early September, the It didn’t set binding precedent. respectful of local boundaries, and ed with bipartisan supermajori- disputes. Let’s lead. emotional roles were reversed Moreover, the decision didn’t produced in the light of day. when a three-judge panel of state describe a clear standard for H.B. 140 authorizes a statewide judges concluded that much distinguishing “extreme” partisan referendum to place redistricting of North Carolina’s legislative gerrymandering, which the judges criteria into the state constitu- district maps constituted an “ex- deemed to run afoul of the state tion. Its accompanying statute treme partisan gerrymander” in constitution, from run-of-the-mill has nonpartisan legislative staff violation of the state constitution. favoritism for incumbents or par- rather than lawmakers draw the It ordered the General Assembly ties, which apparently does not. maps. It entrusts the authority to to redraw them immediately. Although the court-ordered answer questions from staffers Legislative leaders chose not remedy may well make legisla- drawing maps, and to hold public to appeal the trial-court decision. tive districts more competitive in hearings on them, to a balanced They redrew maps under a court 2020, we won’t really know until advisory commission made up of order that mandated openness, after the election. Staring into the two Democratic appointees, two fresh and compact districts, and rear-view mirror is no way to drive Republican appointees, and a fifth no use of party registration or a car forward. Policymakers must member chosen by a majority of election results. Democrats were know the rules of the road ahead the other four. delighted with the court order, if of time. They need clear standards When it comes to redistricting, not the resultig election maps. for redistricting written directly each party has historical reasons But even if the court accepts into North Carolina’s constitu- to be skeptical of the other’s inten- the newly drawn maps, neither tion, standards that elevate the tions. Now is the moment to come legislative Democrats nor their interests of voters above those of together for the good of North Republican counterparts should incumbents or parties. Carolina.

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Uncertain Time to make voter ID work

policy has ost North Carolinians voting remains a reasonable think it’s reasonable for policy. The first is that it will at voters to show identifi- least modestly increase public economic cost cation before casting a ballot. A confidence in elections, even if Msolid, although not overwhelm- the public is mistaken about the ing, majority voted last fall to prevalence of voter fraud. continued from PAGE 2 place a voter-ID requirement in The second is that “minus- the state constitution, although a cule” is not “zero.” Occasionally allow. Nevertheless, the certainty vocal minority continues to see it we see races settled by dozens of regulation helps the business as dangerous and discriminatory. of votes or fewer. Could prevent- adjust to new conditions at the I’ve long argued that both able voter fraud tip the balance lowest possible cost. sides of the voter-ID dispute in such races? It’s a low-proba- Similarly, when it comes to tax tend to exaggerate the conse- bility scenario, to be sure. But policy, it’s better for the economy quences. Most studies of actual as long as the net cost is also in the long run to keep tax rates as elections held under voter-ID low, why not take out insurance low as possible, consistent with requirements find little effect on against it? (A similar argument the need to deliver basic govern- the number of votes cast. applies to absentee-ballot fraud, ment services. Redistributive One reason may be that the which North Carolina is now tax policies are a net drag on job number of people who both VOTER ID is the law of the land. Now it’s time to make it work. taking more seriously, as it creation and growth, as the pre- intend to cast ballots and lack ID should.) ponderance of empirical research is minuscule. Consider a recent The third argument is, indeed, confirms. study by Mark Hoekstra of under the extreme assumption impact on turnout or election that the net cost is low — be- But also important is the stabil- Texas A&M and Vijetha Koppa that all voters without IDs were outcomes.” cause implementing the ID rule ity of future tax rates. If investors of Dubai’s Institute of Manage- either fraudulent or would be The empirical evidence under- has ancillary benefits. Those can’t predict with some confi- ment Technology. It examined disenfranchised by a strict law,” cuts claims made by both sides. who lack photo IDs face other dence the future tax consequenc- election results for more than they wrote, “the enactment of If turnout isn’t much affected by impediments in modern society. es of current decisions, they may 2,000 races in Florida and such a law would have only a an ID requirement, its useful- It may not be impossible for just hold onto existing assets or Michigan. Hoekstra and Koppa very small effect on turnout.” ness as a “voter-suppression” them to use financial services, keep funds in cash. If a business chose those states because they The effect was so small, in device is rather unimpressive. public buildings, and certain owner can’t predict with confi- allow ballots to be cast without fact, that it would have been On the other hand, if requiring forms of transportation, but dence whether a lower tax rate in IDs and then track those ballots highly unlikely to flip races. ID doesn’t significantly reduce it’s certainly more cumbersome another jurisdiction will stay that separately. “Even if the worst fears of turnout, there must not be that than it needs to be. way, she’s less likely to start or The researchers found that proponents or critics were true,” much illegal voting going on. Voter ID is the law of the land. relocate an operation there. at most the share of votes cast Hoekstra and Koppa wrote, To my way of thinking, there Now it’s time to make it work, In a paper just published in the without IDs were in the range “strict identification laws are are three reasons an apparently and to move on to more produc- Journal of Economic Dynamics and of 0.10% to 0.33%. “Thus, even unlikely to have a meaningful low-stakes ID requirement for tive public-policy debates. Control, two professors at the Sin- gapore Management University POLITICS AND ELECTIONS used state corporate tax systems in America to test the proposition that policy uncertainty affects economic performance. Following Special election offers three lessons the lead of previous scholars, who used searches of media databases WHEN ALL WAS to create state-by-state measures said and done, North Carolina’s 3rd District. see as increasingly left-wing, of policy uncertainty, the Singa- North Carolina’s special congres- Four years earlier, Mitt Romney despite McCready’s protestations pore researchers generated state sional elections this year proved won 58 percent. There were once to the contrary. statistics on media coverage of not to be particularly special. many ticket-splitters in eastern A second lesson is that pocket- corporate tax debates and then Republican state Rep. Greg North Carolina. Now few see book issues remain salient. Bish- looked for a relationship with Murphy easily defeated Demo- Democrats as plausible represen- op and the Republicans used the economic outcomes. crat Allen Thomas in the contest tatives of their views. energy issue effectively against They found one. For every stan- to replace the late Walter Jones in As for the 9th District, stretch- McCready, a precedent that other dard-deviation increase in policy the 3rd District. And in the close- ing from Charlotte to Fayette- conservative candidates should uncertainty surrounding corpo- ly watched 9th District, Republi- ville, Dan McCready stressed take to heart. Although voters rate taxes in a state, the growth can state Sen. Dan Bishop defeat- U.S. Rep. Greg Murphy, R-3rd during his first campaign that he are certainly concerned about in new business establishments ed Democrat Dan McCready by District would be an independent voice the environment, they do not went down by about two-tenths 51% to 49%. and wouldn’t vote for Nancy favor regulatory responses that of a percentage point. These outcomes were predict- Pelosi for speaker. This message will make them pay significantly “Our result clearly shows that able. They ratified trends already voted for him in 2016, anyway, helped propel his 2018 candidacy more for electricity and gasoline. tax uncertainty has a significant, evident (rural areas becoming because they viewed Hillary to near-victory. He repeated the Associating McCready with cost- negative impact on business ac- more Republican, suburbs some- Clinton as unacceptable. message this year, surely to pos- ly energy mandates hurt him. tivity in the United States,” they what less so). And I doubt they During the 2018 midterms, itive effect once more. A narrow Finally, the special elections concluded. tell us anything new about the some of these voters were willing loss in what was until recently show that state legislators I know we are going to continue presidential race. Still, I do think to vote for moderate-sounding a Republican-friendly district is remain a good pool of potential to engage in spirited debate about North Carolinians can draw some Democrats. It cost Republicans noteworthy. candidates for higher office. Mur- taxes and other controversial is- lessons. You can think of them as dearly in dozens of seats where It is, however, still a loss. I sus- phy and Bishop were experienced sues. But lawmakers ought to take the three “remains” of the day, so they had previously enjoyed an pect somewhat fewer voters this campaigners who made good seriously the growing research to speak. advantage. McCready and Thom- year than last found McCready’s choices and exercised message literature on policy uncertainty. One is that partisan polar- as tried to work the same magic pledge of independence compel- discipline. They should seek consensus when ization remains an immensely this year. It didn’t materialize. ling enough to jump ship. Power Not exactly earth-shattering possible. When it’s not possible, powerful force. President Trump Polarization reasserted its pull. is already divided in Washing- lessons, I grant you. But that’s they should strive for simplicity has a loyal following within In Thomas’ case, the electoral ton. Sending another Democrat my point. Don’t read too much and predictability as they make the GOP core but turns off quite demographics were always heav- wouldn’t have changed that. But into these special elections. The policy changes. a few “soft” Republicans and ily against him. Donald Trump it might have strengthened the 2020 cycle will have its own right-leaning swing voters. Most won 59 percent of the vote in hand of a Democratic Party many dynamics. 22 CAROLINA JOURNAL // OCTOBER 2019 COMMENTARY Defenders of state ABC system inadvertently show why it needs replacement

the topical show was the state’s islature, but McGrady managed a many opinions, misconceptions, alcohol history and culture and North Carolina is one hearing for a proposed committee and grudges. North Carolina, Har- the passage this year of legislation substitute in the House’s Alcoholic ris told Stasio, is 44th in the nation that will help the state’s craft dis- of 17 control states Beverage Control Committee in in consumption of liquor, but tillers to survive and even thrive. but the only state July. The Modern Licensure Model seventh-best in revenue collected Senate Bill 290, most of which for Alcohol Control, originally filed from alcohol sales. That’s a dichot- JOHN TRUMP became effective Sept. 1, aligns with independent, April 25, basically clears a path omy, yet proponents of control use MANAGING EDITOR rules for N.C. craft distilleries more local control over for private liquor stores in North it as a singular point of praise. closely with those governing wine Carolina. H.B. 971 would eliminate It’s now a cliche, but the debate and craft beer. liquor. the state-run alcohol warehouses here has little if anything to do alter Harris, chairman of My colleagues at the John Locke in Raleigh and phase out local ABC with alcohol. the Chatham County Al- Foundation, including people such is moving forward. boards and stores. “It’s about jobs, it’s about busi- coholic Beverage Control as Becki Gray, Jon Guze, and Jon The real question is whether the Of course, the state’s politically ness,” Hardister said. board, told WUNC’s Frank Stasio Sanders, have for years worked N.C. Alcoholic Beverage Control entrenched ABC boards want to It’s also about consumers and Whe’s been told North Carolina is hard to fix the archaic way North Commission wants to lend its hear nothing of the sort. Harris, a free market. Yeah, it’s mostly among the country’s best at selling Carolina governs alcohol. I’ve expertise in the transition or, not surprisingly, talked about all of about that. hard liquor. written about the subject myself, rather, choose to tighten its grip the money localities get from alco- North Carolina is among a hand- Taken without context, Harris including a book specifically about on a system that’s splintering in its hol revenue. It’s the ABC’s primary ful of states that prohibits liquor may well be correct. the state’s craft distillers and its blistered hands. argument against reform, and it’s sales on Sunday. So, with Labor North Carolina controls every distilling history. I think it’s fair to Another guest on Stasio’s show really the only one that matters. Day, state ABC stores were closed aspect of the statewide liquor say we’ve had more than a little talked about the history of North N.C. craft distillers have their con- for two consecutive days, one of market, including storage, distri- influence in pushing the subject Carolina’s complicated liquor cerns, as well, chief among them which is especially lucrative for bution, and sales. The state, so far, to the fore and in helping to shape history, including the “bootleggers is a fear of getting pushed out by alcohol sales. has yet to open its own distillery, legislation and reform liquor laws and Baptists” scenario, which en- the so-called “big boys.” Their Here’s the thing: If it’s Sunday but it oversees all other aspects of to the benefit of producers and compasses the ideas of eliminat- concerns are valid, and lawmakers and I want a chicken sandwich, I the liquor trade in North Carolina. consumers alike. ing the competition and prohibit- won’t dismiss them out of hand. know Chick-fil-A isn’t an option, Taken with context, that North The producers at “The State of ing alcohol altogether. Hardister, though, rightly points as those stores will be closed. But Carolina sells liquor according Things” chose not to invite us to Rep. Jon Hardister, R-Guilford, out that government can regulate I do have options. Many private to many rules enacted just after the show, but that’s their decision who was on the show, will pick up the private sector better than it businesses — Popeyes, Wendy’s, Prohibition and favors control over and one beyond our control. We in the General Assembly where a can regulate itself. Enforcement, Bojangles — will sell me a chicken consumer choice and free-market can, however, speak to comments linchpin of ABC reform in North and, yes, control, will remain un- sandwich on a Sunday. Just not ideas, then what Harris told Stasio and some declarative statements Carolina, Rep. Chuck McGrady, der the purview of the state ABC, Chick-fil-A, and I’m fine with that. is complete nonsense. from the broadcast, which, at the R-Henderson, left off. McGrady and lawmakers, he said, will work But if I’m entertaining friends Harris was among the panelists very least, are inaccurate and do will retire next year. to ensure those entitlements to on a Sunday or other holiday and recently on Stasio’s “The State of little to move the issue forward. House Bill 971, which McGrady local governments with ABC don’t someone wants a drink of tequila, Things” radio hour. The theme of And, to avoid confusion, the issue sponsored, had stalled in the leg- go away. we’re just plain out of luck, unless “We want to make sure the local someone wants to drive across the government is held harmless, as border. much as possible,” Hardister told Apparently we’re incapable, LOGIC | FACTS | HUMOR | COMMON SENSE Stasio. according to certain state laws, of Harris, and ABC boards around choosing for ourselves. the state, won’t budge or compro- “I don’t think we ought to be in mise. With full sarcasm, Harris the business of babysitting our told Stasio, if it’s not broken, then citizens,” Hardister told Harris and LOCKE fix it until it is. Stasio. But, Mr. Harris, broken it is. I couldn’t have said it better HEADA JOHN LOCKE FOUNDATION PODCAST North Carolina is one of 17 con- myself. If, that is, “The State of trol states but the only state with Things” would have given me — independent, local control over or one of my colleagues — the liquor. That’s 170 boards with that chance. Maybe next time. A no-holds-barred discussion on individual liberty and free markets.

Listen at www.johnlocke.org/podcast CAROLINA JOURNAL // OCTOBER 2019 23 COMMENTARY Putting rightward nature of political polarization to rest

cy. She proposes a punitive wealth Moderate Michael Bennet from tax, a comprehensive fracking Colorado, talented as he is, has ban, and breaking up large banks. also had a hard time gaining trac- As an intellectual heavyweight, tion by sticking to his record. He is her ideas are likely to shape any against single-payer health care, Democratic administration, even if reducing military spending, and ANDY TAYLOR she’s not the head of it. decriminalizing currently illegal COLUMNIST The transformation of New York entry into the United States. He is Sen. Kirsten Gillibrand was partic- at about 1% in the polls. ularly dramatic. You can see why The reliable democratic social- artisan polarization has been former staffers called her cam- ist Bernie Sanders hasn’t turned a fixture of American politics paign “performative and obnox- to the left, either. He was always for several decades now. ious.” As a congresswoman from there and is in fact seeing the Recently, analysts have argued it’s upstate New York, she supported party — one he has never been a Pasymmetric. To be sure, Democrats a robust border, joined the fiscally formal member of — come to him. have moved to the left. But they conservative Blue Dog caucus, He was the first to promote the po- have not drifted from the middle and received a perfect score for her sitions his rivals have adopted. It’s ground as much as Republicans votes from the NRA. notable that he joins Harris and have to the right. She then ran a campaign in the Warren — and, of course, former Political scientists offer several ing rapidly to the left. The shift is district attorney and took a practi- feminist lane, focusing almost Vice President Joe Biden — in the explanations. Republican lawmak- illustrated most vividly by the U.S. cal approach to many of her state’s exclusively on a “Me Too” — she top tier of candidates. ers tend to exaggerate the conser- senators in the race. Several are biggest challenges as its attorney was instrumental in forcing Al Would the senators pursue vatism of their constituents. The undergoing ideological transfor- general. Since she has arrived in Franken out of the Senate — and these policies as president? For decline of the labor movement and mations. As mayor of struggling Washington, however, Harris says Equal Rights Amendment agenda. most, perhaps all, we will never candidates’ hunger for campaign Newark, New Jersey, Cory Booker she wants to abolish ICE and is Perhaps Democrats saw through know. But the conversation and funds have weakened the influ- encouraged private investment all in on single-payer and slavery her. She’s out. candidate pledges suggest those ence of working-class progres- and doubled the number of chil- reparations. Only three of the Democratic Democrats thinking seriously sives. Some data tell a similar dren attending charter schools. Even Elizabeth Warren from senators running for president about the presidential nomina- story. The widely used NOMINATE Once elected to the Senate in 2013, Massachusetts has undergone have not turned appreciably tion and congressional leadership technique that gives each mem- he worked with Republicans Rand an ideological makeover. She leftward. Amy Klobuchar was in the post-Obama age must be ber of Congress an ideology score Paul and Tim Scott on issues like is continually ranked the most supposed to be the moderates’ devoted progressives with socialist reports Democrats were routinely criminal justice reform. But with liberal senator by the NOMINATE great hope. From the purple state leanings. Any argument about the further away from the midpoint of a presidential run in his sights, he scores, and Republicans have of Minnesota, she has been a prag- asymmetric and rightward nature the scale than Republicans in the veered leftward. He now supports warned she is a threat to American matic senator working regularly of partisan polarization in Amer- 1960s and 1970s. Since the mid- debt-free college, the Green New capitalism since her first success- across the aisle with Republicans. ican politics is about to be put to 1980s, it has been the other way Deal, and a single-payer govern- ful Senate campaign in 2012. But According to the ideology scores rest. around, with Republicans appear- ment-run health system. Warren was a Republican up until I referenced above, she was the ing more ideologically extreme. Kamala Harris, the junior sen- the mid-1990s, and her academic 34th most liberal Democrat in the Andy Taylor is a professor of political Yet an analysis of the Demo- ator from California, has shown background is in the technicalities last Congress. She has stood her science at the School of International cratic presidential field and the a conservative temperament — a of bankruptcy law. Now she’s more ground on matters like health care and Public Affairs at N.C. State candidates’ policy positions and major reason why many Repub- inclined to overhaul than modify. and on foreign affairs, but she’s University. He does not speak for the rhetoric suggests the party is mov- licans fear her. She was a tough She has criticized the Obama lega- going nowhere. university. How’s the North Carolina economy doing?

mid-year review, and here’s what I that addition of middle-paying gy continues to be a growth sector casts are just an educated guess, found. job rungs on the income ladder is in the economy. North Carolina al- and no forecast is guaranteed. To Importantly, North Carolina’s essential for the economic mobility ready has a significant tech sector. add to the uncertainty, economists economy has continued to expand. of workers. Happily, for the most recent year often disagree about the future. In the past year — measured from The average wage rate (pay per that data are available, our state’s With that background, here are MICHAEL WALDEN July 2018 to July 2019 — the state hour) of North Carolina workers tech sector grew significantly fast- my views about the future econo- COLUMNIST added more than 75,000 jobs, and also continued to increase in 2019, er than at the national level. my. North Carolina will continue the pace of job growth was slightly and the gain exceeded the average Unfortunately, there are some to grow and add production and faster than in the nation. increase in the prices of products worrying aspects of the recent jobs. However, the pace of growth, Here’s another good trend. One and services workers buy. In other state economy. Farm output in while positive, will slow. Rather THERE’S PLENTY OF uncertain- issue in North Carolina — indeed, words, improvements in worker North Carolina has suffered a large than expanding at close to a 3% ty recently swirling around the an issue in most states — has been pay outpaced inflation. reduction in production. While annual rate, growth will be nearer national economy. Trade tensions, sparse growth in jobs in the middle Of course, job growth rates aren’t there can be many reasons for this, to 2%. stock market ups and downs, of the wage distribution. For most even across all regions of the state. clearly one is the ongoing trade This doesn’t imply a recession. and movements in interest rates of the past decade job growth has During the year including the tensions with China. A recession means the growth have all captured headlines and occurred in high-paying jobs and in second half of 2018 and the first Another concern is construction. rate is negative and the economy editorials. low-paying jobs, with little growth half of 2019, the Asheville, Char- Residential building permits are on is contracting — that is, getting But let’s get closer to home and in middle-paying jobs, such as lotte, and Winston-Salem regions track to decline in the state in 2019. smaller. That scenario is not in my talk about the N.C. economy. I con- in manufacturing, construction, experienced the strongest growth If it’s any comfort, the same trend projection. Certainly, however, if stantly watch our state economy. transportation, and health care in jobs. At the other end of the is occurring in the nation. Perhaps conditions change, I can change For example, I release a monthly support. This has contributed spectrum, Jacksonville, Burlington, lower interest rates later this year my forecast. leading economic indicator for to the issue of widening income Greensboro, Greenville, and New will turn around this decline. Of course, in 2020 the economy North Carolina. Also, twice a year inequality. Bern lost jobs. All this information shows will play another role as an import- I do a “deep dive” into the state’s The good news is that, in the Interestingly, rural areas — where North Carolina has been. ant factor in most elections. economic statistics to expand my past year, increases in the three defined as those counties outside But where is the state economy understanding of what’s happen- pay categories of jobs in North of metropolitan regions — had a going in the future? What is the Michael Walden is a William Neal ing to our companies, workers, Carolina have been relatively bal- job growth rate comparable to the economic forecast for North Caro- Reynolds Distinguished Professor at households, and regions. anced. This is important for several state total. lina? N.C. State University. He does not A few weeks ago, I finished my reasons, not the least of which is As most people know, technolo- Of course, recognize that fore- speak for the university. 24 CAROLINA JOURNAL // OCTOBER 2019 HEALTH CARE Trump administration spearheads health care reform

buy and retain health insurance mandates as ACA-compliant plans, health expenses.” DPC physicians, coverage, or else pay a tax penalty. so these plans are generally a lot doctors who don’t accept insurance The repeal of the individual man- The Trump cheaper, but they don’t cover as and charge a small monthly fee to date was a part of the Tax Cuts and administration has many benefits. The Trump admin- see patients, weren’t previously a Jobs Act of 2017. Starting at the created meaningful istration increased the duration qualified health expense. But given beginning of 2019, no one would back to 12 months and included the that monthly fees for DPC doctors JORDAN ROBERTS have to pay the tax penalty for not new choices for option to renew the plan for up to vary from $50 to $200, paring this HEALTH CARE POLICY ANALYST possessing health insurance and American consumers 36 months. arrangement with an HSA makes JOHN LOCKE FOUNDATION instead could decide for themselves Health reimbursement accounts sense. whether to obtain health insur- and businesses. are like health savings accounts. President Trump directed the ance. They are a tax-advantaged account Treasury secretary to change the s we near the end of Pres- Ideally, Congress would use its that can be funded by an employer rules and allow that a DPC mem- ident Trump’s third year constitutionally delegated author- ployer-members. Under this to be used for qualified medical ex- bership be considered a qualified in office, it’s worth looking ity to advance consumer-friend- arrangement, small businesses and penses. Before the Obama adminis- expense. This means those who back at some of the health care ly health care reform bills. But self-employed owners can band tration, HRA contributions could be have an HSA, or who would prefer Apolicies enacted by this administra- partisan gridlock and disagreement together and buy health insurance used to purchase nongroup health to see a DPC doctor, can use the tion so far. Given that next year is about the future of the U.S. health as a large group plan. Purchasing insurance. This option was cur- already operational HSA to pay for an election year, it’s a safe bet that care system have impeded efforts plans as a large group offers those tailed by the essential health ben- the monthly membership. leaders from both parties won’t try to do so, prompting the Trump who would traditionally buy health efits and annual and lifetime limits Whether you support the presi- to bring any major health care leg- administration to use executive insurance in the small or individual placed on insurance plans. The new dent or agree with him politically, islation to Congress. Setting aside authority to bring Americans relief. group market new opportunities Trump rule would allow HRAs to be whether you support Obamacare, the failure to repeal and replace the The next three pieces of health to buy coverage as a large group. used again to buy health insur- and whether you support a Affordable Care Act, or Obamacare, care policy changes came via one North Carolina recently changed ance separate from the group plan single-payer system, the Trump the Trump administration has pro- executive order. In this order, the its insurance laws to accommodate for the individual, thereby giving administration has created mean- duced a decent slate of health care president directed specific federal the sale of these plans. Short-term, employees an extra choice of where ingful new choices for American policies that increase Americans’ agencies to issue new rules that limited-duration insurance has tra- to get health insurance other than consumers and businesses to pur- choices for health coverage. would expand access to associ- ditionally been used to supplement their employer group plan. chase health insurance that better The Trump administration’s ation health plans; short-term, gaps in coverage, such as following Another executive order was fits their needs. One of the most most substantial piece of health limited-duration insurance; and a college graduation or the time be- signed in June. It focuses on many significant flaws in Obamacare was care policy was done through the health-reimbursement accounts. tween jobs. Historically, you could issues, but one on patient choice treating each patient’s health care legislative process — the repeal of The Obama administration thwart- have short-term insurance for 12 was the change to make a direct needs — a characteristic unique to Obamacare’s individual mandate. ed the use of all three of these months until the Obama admin- primary care membership fee a each patient — with one-size-fits- The individual mandate was a arrangements. istration limited it to a duration of qualified health expense for a all government plans. The Trump provision in Obamacare, which Association health plans are three months. health savings account. Under cur- administration has increased the required every person in America, large group health plans sold Short-term insurance isn’t sub- rent law, a patient could only use choices Americans have in buying unless an exemption applied, to through an association to em- ject to nearly as many insurance HSA dollars on certain “qualified health insurance.

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