Temporary Pandemic Reforms Should be Made Permanent - Mackinac Center

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Temporary Pandemic Reforms Should be Made Permanent - Mackinac Center
The Magazine of the Mackinac Center for Public Policy | MARCH/APRIL 2021

Temporary
Pandemic
Reforms Should
be Made
Permanent
PAGE 11

 PAGE 6

 Center Again Ranked Among
 Nation’s Most Influential
 Think Tanks

 PAGE 9

 How the Mackinac Center’s National
 Footprint is Making a Difference for
 Students and Workers
Temporary Pandemic Reforms Should be Made Permanent - Mackinac Center
Board of Directors
                                                                          Hon. Clifford W. Taylor,       J.C. Huizenga                                        LETTER FROM THE EXECUTIVE VICE PRESIDENT
                                                                          Chairman                          President, Westwater
                                                                            Retired Chief Justice,          Group

                                                                                                                                                             The Most Hyperbolic
                                                                            Michigan Supreme             Edward C. Levy Jr.
                                                                            Court                          Executive Chairman,
                                                                          Joseph G. Lehman, President      Edw. C. Levy Co.

                                                                                                                                                             Thing You’ll Ever Read
                                                                            Mackinac Center for          Rodney M. Lockwood Jr.
                                                                            Public Policy                  President, Lockwood
                                                                          Jim Barrett                      Construction Company,
                                                                            Retired President              Inc.
                                                                            & CEO, Michigan              Joseph P. Maguire
                                                                            Chamber                        President,
                                                                            of Commerce                    Wolverine Development
                                                                                                           Corporation
                                                                          Dulce M. Fuller
                                                                           Owner, Woodward and
                                                                                                                                        In a recent column, the author begged                   Lies, damned lies, and statistics. Mark
                                                                                                         Richard D. McLellan
                                                                           Maple                           Attorney, McLellan Law       advertisement writers to avoid superlatives             Twain popularized the point that numbers are
                                                                          Daniel J. Graf                   Offices
                                                                           Chief Investment              D. Joseph Olson                and hyperbole. I chuckled, because the same             malleable. It takes discipline to ask: “What is the
                                                                           Officer, Amerisure              Retired Senior Vice
                                                                           Mutual Holdings, Inc.           President and General        admonition applies to public policy work.               relevant number, and does it actually support
                                                                          Richard G. Haworth               Counsel, Amerisure
                                                                            Chairman Emeritus,             Companies                    The Mackinac Center is all about ideas, but             my point?” Statistics can give the illusion of
                                                                            Haworth, Inc.
                                                                                                                                        our ideas move through the political process,           credibility and also create doubt. Consider
                                                                                                                                        so we often see (and of course must resist)             COVID-19 metrics: We measure daily
                                                                          Board of Scholars
                                                                          Donald Alexander               Dale Matcheck
                                                                                                                                        rhetorical flourishes and logical fallacies.            cases, daily deaths, deaths per million, 7-day
                                                                           Western Michigan               Northwood University
                                                                           University                                                                                                           averages, daily tests, infection rates, infections
                                                                                                         Charles Meiser
                                                                          Thomas Bertonneau                                             Here are a few I’ve seen.
                                                                            SUNY - Oswego
                                                                                                           Lake Superior
                                                                                                           State University (ret.)
                                                                                                                                                                                                by industry, hospitalizations and hospital
                                                                          Brad Birzer                    Glenn Moots
                                                                                                                                        The “I Hope This Bill Does Awesome                      capacity. Which metric is most useful when
                                                                            Hillsdale College              Northwood University
                                                                          Peter Boettke                  George Nastas III              Things” Act. Legislation is often described             imposing or lifting lockdown restrictions?
                                                                            George Mason                  Marketing Consultants
                                                                            University
                                                                                                         Todd Nesbit                    in terms of its hoped-for benefits, not what
                                                                          Theodore Bolema                  Ball State University                                                                “There ought to be a law.” When the
                                                                            Wichita State University
                                                                                                         John Pafford                   it does. When we began writing plain-
                                                                          Alexander C. Cartwright          Northwood University
                                                                                                                                                                                                Mackinac Center looked at the Michigan
                                                                            Ferris State University        (ret.)                       language summaries of legislation in 2001,
                                                                                                                                                                                                lawbooks in 2014, we found 3,102 criminal
                                                                          Michael Clark                  Mark Perry
                                                                                                                                        we discovered most bills can be described as
                         The Mackinac Center is creating a network of      Hillsdale College
                                                                          Matt Coffey
                                                                           Central Michigan
                                                                                                          University of Michigan
                                                                                                          - Flint
                                                                                                         Lawrence W. Reed
                                                                                                                                        “prohibiting,” “restricting” or “requiring” some
                                                                                                                                                                                                laws. Many of them criminalize innocuous
                                                                                                                                                                                                behavior, such as dancing during the national
                          people, like you, who want to see Michigan
                                                                           University                      Foundation for               activity. By contrast, the formal titles of bills are
                                                                          Dan Crane
                                                                                                           Economic Education                                                                   anthem or using an orange dog collar. A
                                                                           University of Michigan        Gregory Rehmke                 often glowing and aspirational. (The Patient
                                                                                                                                                                                                criminal sanction is not always the best
                                become a better place to live.
                                                                           Law School                      Economic Thinking/
                                                                          Shikha Dalmia
                                                                                                           E Pluribus Unum Films        Protection and Affordable Care Act comes to
                                                                            Reason Foundation            Steve Safranek                                                                         solution, but you know the saying: “When you
                                                                                                           Private Sector               mind.) It wasn’t always so: The ancient world
                                                                          Chris Douglas
                                                                                                           General Counsel                                                                      have a hammer, everything looks like a nail.”
                                                                            University of Michigan

                          If you're interested in learning more, please     - Flint
                                                                          Jefferson Edgens
                                                                                                         Howard Schwartz
                                                                                                          Oakland University
                                                                                                                                        had the 10 Commandments and the Code
                                                                                                                                        of Hammurabi.                                           As I alluded to above, no one is immune
                                                                            University of Wyoming        Martha Seger

                             visit OpportunityMichigan.org today.         Ross Emmett
                                                                            Arizona State University
                                                                                                          Federal Reserve Board
                                                                                                          (ret.)
                                                                                                                                        “When my team does it, it’s brilliant; when
                                                                                                                                                                                                to engaging in such tactics. That’s why the
                                                                          Sarah Estelle
                                                                                                         James Sheehan                                                                          Mackinac Center has a Guarantee of Quality
                                                                                                           SunTrust Robinson
                                                                            Hope College
                                                                                                           Humphrey                     yours does it, it’s evil.” Otherwise known as
                                                                          Hugo Eyzaguirre
                                                                                                                                                                                                Scholarship, backed up by our editors, to hold
                                                                           Northern Michigan
                                                                                                         Rev. Robert Sirico             the process objection, this occurs when the
                                                                           University
                                                                                                           Acton Institute                                                                      us to a high standard of excellence. ¬
                                                                          Tawni Ferrarini
                                                                                                         Bradley Smith                  majority party uses a legitimate tactic and
                                                                                                           Capital University Law
                                                                            Northern Michigan
                                                                            University
                                                                                                           School                       the minority objects, even when it would
                                                                                                         Chris Surprenant
                                                                          Burton Folsom
                                                                           Hillsdale College (ret.)
                                                                                                           University of New            do the same if the roles were reversed. For             By Michael J. Reitz
                                                                                                           Orleans
                                                                          John Grether
                                                                                                         Jason Taylor                   example: lame-duck legislators passing bills
                                                                            Northwood University
                                                                                                           Central Michigan
                                                                          David Hebert                     University                   and presidents giving last-minute pardons. But          Michael J. Reitz is the executive vice president
                                                                           Aquinas College
                                                                                                         John Taylor                    incumbents retain all their powers until the day        of the Mackinac Center.
                                                                          Michael Hicks                    Wayne State University
                                                                           Ball State University
                                                                                                         Richard K. Vedder              they leave office. Michael Barone dismissed
                                                                          Ormand Hook                      Ohio University
                                                                           Mecosta-Osceola ISD
                                                                                                         Harry Veryser Jr.              this objection: “All process arguments are
                                                                          Harry Hutchison                 University of Detroit
                                                                           George Mason                   Mercy                         insincere, including this one.”
                                                                           University School
                                                                                                         John Walter Jr.
                                                                           of Law
                                                                                                           Dow Corning
                                                                          David Janda                      Corporation (ret.)           “This is the most important election of
                                                                           Institute for
                                                                                                         Mike Winther
                                                                           Preventative
                                                                                                          Institute for Principle       our lifetimes.” It won’t surprise you that
                                                                           Sports Medicine
                                                                                                          Studies
                                                                          Annette Kirk
                                                                                                         Gary Wolfram
                                                                                                                                        notable people repeat this line election cycle
                                                                           Russell Kirk Center
                                                                                                          Hillsdale College
                                                                          David Littmann                                                after cycle, not unlike the furniture store with
                                                                           Mackinac Center for
                                                                           Public Policy                                                its perennial “going out of business” sale. My
                                                                                                                                        favorite use of this came during the Bush

                                                                          140 West Main Street, P.O. Box 568
                                                                                                                                        v. Kerry election in 2004. Larry King asked
                                                                          Midland, Michigan 48640                                       George W. Bush, “Is this the most important
                                                                          989-631-0900, Fax 989-631-0964
                                                                                                                                        election ever?” You can imagine the twinkle in
                                                                          www.mackinac.org mcpp@mackinac.org
                                                                                                                                        his eye when W. said, “For me it is.”
                                                                          IMPACT is published six times a year by the Mackinac Center
                                                                          for Public Policy, a nonprofit, nonpartisan, tax-exempt
                                                                          research and educational institute classified under section
                                                                          501(c)(3) of the IRS code.

                                                                          JOHN LAPLANTE Editor

2   March/April 2021   IMPACT                                             ILIA VANDERHOOF Designer                                                                                                                IMPACT      March/April 2021        3
Temporary Pandemic Reforms Should be Made Permanent - Mackinac Center
INSIDE THIS ISSUE

      3      The Most Hyperbolic Thing You’ll
             Ever Read

      6      Center Again Ranked Among Nation’s
             Most Influential Think Tanks
                                                                                                                                                                           INTRODUCING
      7      Lawsuits Keep Michigan’s Open
                                                                             PAGE 11
             Records Law Strong

      8      Victories From Decades of Fighting
             Against Business Subsidies

      9      How the Mackinac Center’s National
             Footprint is Making a Difference for
             Students and Workers
                                                                             PAGE 7
                                                                                                                                                         BRINGING MACKINAC IDEAS
      11     Temporary Pandemic Reforms Should                                                                                                               TO VIDEO SCREENS
             be Made Permanent

      12     Mackinac in the Media                                                                                                                                 Youtube.com/MackinacCenter

      13     Helping Freedom’s Advocates Become
                                                                             PAGE 8
             Persuasive Communicators

      15     The Family Man

      16     Postal Delays Didn’t Deter Giving

                                                                             PAGE 15

    BLOG                         DATABASES                                             CAPCON                                 MICHIGAN VOTES                                   OPPORTUNITY MICHIGAN                     LITIGATION
    Keep up-to-date on the       Labor contracts, superintendent salaries,             Michigan Capitol Confidential is the   Want to know what your legislators               Do you want to get more engaged          Our public interest law firm
    latest policy stories from   school grading and more. Our online                   news site of the Mackinac Center       (and others) have been voting for?               with public policy in Michigan?          advances individual freedom
    Mackinac Center analysts.    databases provide easy access to                      that provides unique news coverage.    MichiganVotes.org helps keep Michigan            Opportunity Michigan is right for you.   and the rule of law in Michigan.
    Mackinac.org/blog            important information.                                MichCapCon.com                         politicians accountable to their constituents.   OpportunityMichigan.org                  Mackinac.org/MCLF
4    March/April 2021   IMPACT
                                 Mackinac.org/databases                                                                       MichiganVotes.org                                                                              IMPACT     March/April 2021   5
Temporary Pandemic Reforms Should be Made Permanent - Mackinac Center
Lawsuits Keep Michigan’s
    Center Again Ranked Among Nation’s                                                                                                                                     Open Records Law Strong
    Most Influential Think Tanks                                                                                                                        Sunshine laws are essential tools that
                                                                                                                                                        enable citizens to hold their government
                                                                                                                                                                                                         In May 2020, we sought e-mails between state
                                                                                                                                                                                                         employees and the University of Michigan
                                                                                                                                                                                                                                                            the Michigan Department of Licensing
                                                                                                                                                                                                                                                            and Regulatory Affairs, seeking copies of
                                                                                                                                                        accountable. Unfortunately, it’s far too         professors Gov. Gretchen Whitmer cited as          complaints against businesses alleged to
    Most people are not familiar with what             behind our friends at the Acton Institute in      of donors choose to support our work, and      common for government to try to avoid doing      experts who helped her prepare COVID-19            have violated Gov. Whitmer’s COVID-
    think tanks do, so it would probably surprise      Grand Rapids).                                    we couldn’t be prouder to see that effort      what the law requires: disclose its records.     response plans. We did not receive the             related executive orders. After charging the
    many to learn there are more 11,000 such                                                             recognized and ranked among the nation’s                                                        documents until October, and they were             Mackinac Center over $1,300, LARA failed to
                                                       The report analyzed think tanks of all kinds,                                                    Michigan’s Freedom of Information Act
    organizations worldwide. While they come                                                             finest public policy organizations. ¬                                                           heavily redacted. The redactions were not          produce the records for over five months. It
                                                       including   university-based    ones,    those                                                   requires a government body to respond
    in all sorts of shapes and sizes, think tanks                                                                                                                                                        reasonable and neither was the delay, and we       was only in November, after we had filed suit,
                                                       directly affiliated with government, ones                                                        within 5-15 days of receiving a request for
    typically advise, educate and influence                                                                                                                                                              sued to obtain the unredacted records.             that the department produced them.
                                                       sponsored by businesses, those with ties          By Michael Van Beek                            information by giving a good-faith estimate
    policymakers and the public on governmental
                                                       to political parties, and, of course, private                                                    of the costs and time required to fulfill the    Michigan State University was equally              It’s unfortunate these suits are necessary,
    policies. The latest edition of an annual report
                                                       and independent ones like the Mackinac                                                           request. Once it receives a deposit, it must     defiant. In June, we sought information about      given that the FOIA law is meant to
    ranks the effectiveness of these organizations,                                                      Michael Van Beek is the director of research
                                                       Center. These think tanks were ranked             at the Mackinac Center.                        process the request in a reasonable time and     the firing of professor Stephen Hsu. But MSU       encourage access to information. While
    and the Mackinac Center is honored to be
                                                       based on the responses of nearly 4,000 think                                                     produce the relevant records. The office may     did not release its records until after we filed   many people cannot pursue lawsuits against
    identified, once again, as one of the most
                                                       tank executives, scholars, policymakers                                                          redact information, but only in a limited way.   suit in December. The delay was egregious          illegal FOIA responses, the Mackinac Center
    influential think tanks in the country.
                                                       and journalists.                                                                                                                                  because the university estimated it would          is committed to holding our government
                                                                                                                                                        That’s the law; the actual process is
    The “Global Go To Think Tank Index                                                                                                                                                                   only require 17 hours of work to fulfill the       accountable. If you would like to learn more
                                                       The Center’s high ranking is evidence of our                                                     significantly different. Often, government
    Report” was published by the University                                                                                                                                                              request. And, once again, the documents we         about these (or future) cases, please follow
                                                       effectiveness at influencing public policy here                                                  bodies estimate absurd costs to force
    of Pennsylvania’s Think Tanks and Civil                                                                                                                                                              received were heavily redacted.                    along at mackinac.org/litigation/cases. ¬
                                                       in Michigan. It means our recommendations                                                        people to abandon requests. They can
    Societies Program. For more than a decade,
                                                       and advice are well-known and well-regarded                                                      also not process the request for months,         In December, the Mackinac Center filed suit
    James McGann, a senior lecturer at UPenn,
                                                       in Lansing. It means journalists take our                                                        rendering the documents useless. Often,          against the University of Michigan on behalf       By Steve Delie
    has led this research, which relies on surveys
                                                       research and point of view into consideration.                                                   the documents are heavily and improperly         of the donor of an endowed gift. That donor
    of policymakers, journalists, scholars and
                                                       It means the public can rely on the Center’s                                                     redacted, forcing the requestor to sue to get    had, in March, sought information about            Steve Delie is the director of labor policy and
    donors to rank the best think tanks across
                                                                                                                                                        the requested information.                       how his gift was being used. He did not            Workers for Opportunity at the Mackinac Center
                                                       research to become better informed about
    the world.
                                                       public policy issues.                                                                                                                             receive all the requested records until late
                                                                                                                                                        At the Mackinac Center, we file hundreds of
    The Mackinac Center ranked 83rd of more                                                                                                                                                              December, after the Center filed a lawsuit.
                                                       Of course, most importantly, the Center’s                                                        FOIA request each year, and we have seen
    than 2,200 think tanks in the United States,                                                                                                                                                         U-M took more than 200 days to process a
                                                       lofty status among think tanks means that a                                                      this pattern of noncompliance countless
    which puts it in the top 4% nationally. The                                                                                                                                                          7-hour request.
                                                       voice dedicated to defending free markets,                                                       times. It’s important to hold our government
    Center is also one of the highest ranked state-
                                                       limited government and the rule of law is                                                        accountable, so we take legal action when it     Universities aren’t the only culprit, though.
    focused think tanks. Of the 29 Michigan-
                                                       being heard loud and clear in Michigan.                                                          refuses to play by the rules.                    In June, we filed a FOIA request with
    based think tanks reviewed for the report, the
                                                       That’s a primary reason why our thousands
    Center had the second-highest rank (right

6     March/April 2021    IMPACT                                                                                                                                                                                                                                            IMPACT      March/April 2021      7
Temporary Pandemic Reforms Should be Made Permanent - Mackinac Center
Victories From Decades of Fighting                                                                                                                                  How the Mackinac Center’s National
           Against Business Subsidies                                                                                                                                      Footprint is Making a Difference for
    Michigan’s economy struggled through a            We attacked business subsidies on several         the “Good Jobs for Michigan” program.
                                                                                                                                                                                 Students and Workers
    one-state recession in the early 2000s. In        fronts. Our careful academic analyses showed      Many lawmakers, though, see beyond the
    response to the state’s broad economic            that the programs were not worth their costs.     self-promoting and misleading label to find        The    Mackinac     Center’s   Workers     for    learning. Many students have suffered from      As we approach the end of another school
    problems, lawmakers went hunting for              We found that deals often went bad. We did        it the same kind of as unfair, ineffective and     Opportunity initiative has become an              inadequate virtual education programs           year marked by COVID-driven policies, the
    factories and made deals: jobs for taxpayer       what we could to make people aware of state       expensive program that has been tried before.      increasingly recognizable force when it           offered by public schools, and parents want     Mackinac Center is raising the banner for
    cash.   The      Democratic      governor   and   government’s embarrassing moments, like           The original law prevented administrators          comes to state-based labor reforms. Thanks        to respond. Many have come together in          more parental choices and fewer government
    Republican Legislature didn’t agree on much,      when it awarded a deal to a con artist. We        from signing new Good Jobs deals after 2019.       in part to our leadership, lawmakers from         small community settings so their children      restrictions on how our students can learn
    but they both got behind plans to spend more      found new ways to demonstrate that these          Lawmakers have rejected calls from lobbyists       at least eight states are taking actions that     could safely benefit from socialization and     and thrive. And in doing so, we believe the
    on business subsidies, with legislators giving    programs were ineffective at creating jobs,       to give administrators authority to approve        would either extend right-to-work liberties       customized education approaches that meet       cause is too important not to look outward
    their overwhelming bipartisan support.            unfair to businesses that don’t benefit from      new deals.                                         or    further   protect   public   employees’     their specific needs. Called “pod learning,”    for opportunities to bring these options to
                                                      them, and expensive to the state budget.                                                             right to make informed choices on union           this approach lets parents share the            families around the country. ¬
    Things have changed since then. Advocates                                                           A reflection on this history shows that our
                                                      That’s in addition to pointing out that it is                                                        membership. When most legislative sessions        responsibilities of financing and arranging
    of business subsidies struggle to get votes                                                         work has helped make business subsidies
                                                      inappropriate for the state government to                                                            close in May or June, it’s possible we will see   educational programming, making it a
    for the kind of programs that used to breeze                                                        less popular and more difficult to get                                                                                                               By Lindsay Killen
                                                      pick winners and losers in the marketplace,                                                          over 1 million workers’ rights expanded.          much more feasible and affordable option
    through the political process.                                                                      approved through the legislative process.
                                                      which is what lawmakers do when they offer                                                                                                             for two-parent working families than going
                                                                                                        This is remarkable progress, and we hope to        This work builds on our long-term success                                                         Lindsay Killen is the vice president for strategy
    This is due, in part, to the Mackinac             deals to select companies.                                                                                                                             it alone.
                                                                                                        continue it. ¬                                     here at home. Ever since right-to-work                                                            and communications at the Mackinac Center.
    Center’s work.
                                                      In short, we tried to make business                                                                  took effect in Michigan in 2013, over 33%         State policymakers have sought the input of
    We demonstrated that the policies didn’t do       subsidies unpopular.                                                                                 of teachers (to pick one occupation) have         organizations like the Mackinac Center as
                                                                                                        By James M. Hohman
    what lawmakers wanted them to accomplish.                                                                                                              become more informed of their rights and          they seek to reform state laws in ways that
                                                      It’s been a long, hard battle. We butt heads
    Lawmakers wanted to see more jobs, so                                                                                                                  chosen to withdraw from union membership.         will empower parents interested in pursuing
                                                      with   regional    economic      development      James M. Hohman is the director of fiscal policy
    they gave money to companies to create                                                                                                                 In our conversations with lawmakers across        pod    learning   opportunities   for   their
                                                      agencies, business interest groups and            at the Mackinac Center.
    them. Yet the Bureau of Labor Statistics kept                                                                                                          the country, we find that Michigan is still an    children. A number of barriers and legal
                                                      sympathetic commentators. The people who
    reporting that employment in Michigan was                                                                                                              example for demonstrating the importance          threats to pod learning arrangements exist,
                                                      get to hand out special favors like having that
    going down.                                                                                                                                            of ensuring that employees are not only free      including the inability of parents to use a
                                                      power, just as recipients of the favors like
                                                                                                                                                           to exercise their rights, but have the power      portion of their children’s per-pupil funding
    This was because Michigan’s economic              getting them.
                                                                                                                                                           to do so.                                         toward expenses they incur. These barriers
    problems were deep and broad, while                                                                                                                                                                      limit the number of families who can pursue
                                                      Our success depends on creating a climate of
    business subsidies were narrow and targeted.                                                                                                           The Mackinac Center’s impact beyond
                                                      popular opinion that is skeptical of business                                                                                                          pod learning.
    Giving costly subsidies to a particular                                                                                                                the state’s borders is not confined to the
                                                      subsidies. This will ensure that lawmakers see
    plant for dozens of jobs does little when                                                                                                              workplace, however. We recently launched          Currently, we are working with allied
                                                      costs the next time someone comes around
    the economy creates and loses hundreds                                                                                                                 a multistate strategy to work alongside           organizations and lawmakers in Michigan
                                                      to ask for money for jobs.
    of thousands of jobs a year, which it does                                                                                                             others to advance proposals that help             and in three other states to explore
    through the underappreciated churn that           Indeed, supporters call their latest pitch to                                                        parents work together in response to the          opportunities to remove these barriers and
    goes on naturally.                                give taxpayer money to select businesses                                                             widespread closures of in-person classroom        secure the pod-learning option for parents.

8     March/April 2021    IMPACT                                                                                                                                                                                                                                              IMPACT      March/April 2021       9
Temporary Pandemic Reforms Should be Made Permanent - Mackinac Center
Temporary Pandemic
                                 Reforms Should be Made
                                 Permanent
                                 The discovery and spread of COVID-19 shined a new              Those concerned about quality issues can rest assured,
                                 light on many old problems — in particular, the laws and       as the requirements for obtaining a state license in most
                                 regulations standing in the way of treating and caring         health care professions are largely the same from state to
                                 for patients.                                                  state. Additionally, if this temporary reform were made
                                                                                                permanent, health professionals would still be required to
                                 Early in the pandemic, the Mackinac Center recommended
                                                                                                follow all Michigan laws, practice only within their scope,
                                 fully suspending several of the laws as a way to increase
                                                                                                and register with the state. The federal Department of
                                 access to qualified providers, increase hospital bed
                                                                                                Veterans Affairs sets an example; it accepts individuals
                                 capacity, and bring the emergency under control. Gov.
                                                                                                with a license in good standing to practice in any of its
                                 Gretchen Whitmer adopted many of our suggestions.
                                                                                                facilities, regardless of where they are licensed.
                                 Unfortunately, all of them have been reinstituted, despite
                                 Gov. Whitmer acknowledging the suspension helped               Adequate bed capacity is another requirement during a
                                 “save countless lives and ensured our hospitals were fully     health emergency. Since Michigan health facilities are
                                 staffed to care for COVID-19 patients.”                        currently required to obtain a certificate of need, or CON,
                                                                                                to add additional beds, Gov. Whitmer issued several
                                 If these laws can be suspended to improve patient
                                                                                                executive orders that expedited the process to add bed
                                 outcomes and save lives during an emergency, they should
                                                                                                capacity to treat COVID-19 patients. The state approved
                                 be permanently suspended.
                                                                                                over 100 emergency CONs for facilities.
                                 Increasing the number of providers to treat patients and
                                                                                                CON laws were initially enacted to control health care
                                 using their competencies to the greatest extent are a must
                                                                                                costs, but decades of research has found the opposite
                                 during a pandemic. To do so, Gov. Whitmer suspended
                                                                                                result. Because of how they are constructed, CON laws
                                 scope-of-practice restrictions on nurse practitioners,
                                                                                                protect current providers from competition and are
                                 physician assistants, pharmacists and others that prevented
                                                                                                associated with reduced access to care, decreased health
                                 them from fully using their education, experience and
                                                                                                care quality and higher costs. George Mason University’s
                                 training. These restrictions, such as the requirement for
                                                                                                Mercatus Center found that eliminating our state’s
                                 nurse practitioners to have written collaborative practice
                                                                                                CON laws would increase the number of health care
                                 agreements with physicians, contribute to primary care
                                                                                                facilities here and reduce total health care spending. For
                                 shortages by limiting access to essential providers. They
                                                                                                comparison, 12 states have no CON laws, and more than
                                 also increase costs, wait times, and driving distances
                                                                                                20 states have fewer CON regulations than Michigan,
                                 for patients.
                                                                                                including all surrounding Midwestern states.
                                 Patients benefit when providers have full practice
                                                                                                For decades, these laws and regulations have stood in the
                                 authority. Research has found no significant health
                                                                                                way of putting patients first and have acted as buffers to
                                 differences and comparable patient outcomes between
                                                                                                adding natural competitive forces (and their benefits)
                                 patients randomly assigned to either nurse practitioners
                                                                                                into the health care market. The governor has maintained
                                 or physicians, when NPs had the same authority and
                                                                                                she would welcome “ideas on science-based solutions to
                                 responsibilities as physicians. Research has also found that
                                                                                                protect public health.” In that spirit, we recommend making
                                 patients were more satisfied with NP consultations.
                                                                                                these temporary responses permanent, which will help
                                 Another method to address shortages and increase access        our state respond to future emergencies and provide more
                                 to providers is to recognize the licenses of highly trained    access to affordable care under normal circumstances. ¬
                                 health professionals from other states. In response to
                                 the increased need of providers during the initial surge       By Greg George
                                 of COVID-19, Gov. Whitmer suspended licensing
                                 restrictions that prevented professionals from other states
                                                                                                Greg George is the director of legislative affairs at the
                                 with licenses in good standing from treating Michiganders      Mackinac Center.
                                 without first paying for a Michigan license.

10   March/April 2021   IMPACT                                                                                               IMPACT      March/April 2021     11
Temporary Pandemic Reforms Should be Made Permanent - Mackinac Center
MEET A SUPPORTER

                                                                                                                                             Helping Freedom’s Advocates
                                                                                                                                          Become Persuasive Communicators
                                                                                                                                                                                    A profile of Eric Tubbs

                                                                                                                                       When asked how he first learned                      research,        econometric
                                                                                                                                       about the Mackinac Center, Eric Tubbs                modelling       and      budget

                                 Mackinac in the Media                                                                                 paused. “I am sure it had to do with Larry
                                                                                                                                       Reed, who was one of my economics
                                                                                                                                                                                            analysis, but few have
                                                                                                                                                                                            the capacity or skills to
                                                                                                                                       instructors when I attended Northwood                build up the marketing
                                 At the end of each year, MichiganVotes, a        Other outlets in Minnesota, Indiana and
                                                                                                                                       University.       When    I        first   started   capabilities         needed   to
                                 project of the Mackinac Center, tallies the      Illinois have mentioned Mackinac Center
                                                                                                                                       supporting the Mackinac Center, I had                catapult their ideas into
                                 number of votes lawmakers missed that year.      data in their reporting.
                                                                                                                                       three young children and was trying to               mainstream culture. For
                                 With some lawmakers needing to quarantine
                                                                                  As James Hohman noted in The Hill, the               build the business. We didn’t really have            the ideas of liberty and
                                 and others becoming sick with COVID-19,
                                 there were some understandable reasons
                                                                                  minimum wage debate has been caught in an            money to give away, but I tried to make              freedom to prevail in
                                                                                  endless loop. In a separate piece for that outlet,   small donations every year because I                 culture,        organizations
                                 for missed votes. Still, the report of missed
                                                                                  Jarrett Skorup argued multiple points against        thought the work was important for the
                                 votes is yet another tool to hold lawmakers                                                                                                                promoting these values
                                                                                  raising the federal minimum wage. Another            future of my kids.”
                                 accountable. Outlets that featured this year’s                                                                                                             need       to    dramatically
                                                                                  op-ed written by Skorup was published in
                                 report include the Midland Daily News,                                                                                                                     improve         in     reaching
                                                                                  National Review. He cautioned there that             Since then, Tubbs has been no stranger
                                 The Alpena News, Grand Rapids Business                                                                                                                     and persuading broader
                                 Journal, The Monroe News, WSJM and the
                                                                                  a higher minimum wage “will not lift many            to the cause of liberty. He is the
                                                                                  people out of poverty but instead will make                                                               audiences. The Mackinac
                                 Sanilac County News.                                                                                  president of Iron Light Labs, a nonprofit
                                                                                  fewer jobs available to the unemployed and                                                                Center has come a long
                                                                                                                                       dedicated to training people, especially
                                 Celebrating National School Choice Week          those looking for their first jobs.”                                                                      way in this regard.”
                                                                                                                                       in the freedom movement, in effective
                                 looked different this year, but the Mackinac
                                                                                  Over a decade’s worth of misguided green
                                                                                                                                       communications. Before that, he co-                  Tubbs and his wife take
                                 Center still featured families who have used
        Communications Manager                                                    energy policies wreaked havoc in Texas and           owned and managed Tubbs Brothers,                    a focused approach to
                                 a variety of educational options. In an op-ed
                                                                                  the lower Midwest as states suffered blackouts       an automotive retailer. In 2016, he sold             philanthropy. “Penny and
                                 in The Detroit News, Ben DeGrow shared                                                                                                                                                                  but the reality is that it is a marathon,
                                                                                  during some unusually severe winter weather.         his shares to his brother to pursue his              I are passionate about the
                                 stories from three families. He wrote, “Those
                                                                                  Jason Hayes described what these blackouts           passion for helping others understand                                                             not a sprint. I often think of the years
                                 who use school choice to match their child’s                                                                                                               value of individual liberty, and most
                                                                                  show us about the future of energy in the            the benefits of free-market principles.                                                           of foundational work Mackinac did
                                 needs to an educational setting that works                                                                                                                 of our giving goes to organizations
                                                                                  U.S., in a piece published by USA Today. In                                                                                                            on right-to-work with no apparent
                                 for them receive tangible benefits.” One high-                                                                                                             we believe will further that cause,
                                                                                  the piece, he wrote, “As more states mandate         “Free markets and individual liberty,” he                                                         progress. I am convinced that had
                                 profile advocate for school choice was former                                                                                                              because if we lose our freedom, we
                                                                                  unreliable renewables, incidents like this           says, “are the greatest forces for good in                                                        Mackinac not done all of that work
                                 Secretary of Education Betsy DeVos. DeGrow                                                                                                                 lose everything.” He adds, “Frankly,
                                                                                  will become more frequent, not less. Every           human history. They’ve lifted millions                                                            upfront, when the opportunity for right-
                                 wrote a piece for Real Clear Education that
                                                                                  new wind turbine and solar panel means               out of poverty. Yet too often, these ideas           I have never understood why some
                                 discussed her legacy and efforts to give                                                                                                                                                                to-work arose in Michigan, we would
                                                                                  less reliable energy — the energy Americans          go unheard, or worse, misrepresented                 people who support freedom-centered
                                 students greater educational opportunities.                                                                                                                                                             have missed it. We need to continue to
                                                                                  need to weather the coldest nights and the           in mainstream culture by those who                   organizations give ten times as much to
                                                                                                                                                                                                                                         support the Mackinac Center and other
                                 Higher excise taxes for cigarettes and vaping    hottest days.” On radio and TV shows across          disagree with them. Proponents of                    their public university that is taxpayer
                                                                                                                                                                                                                                         organizations that effectively promote
                                 devices have been under discussion in several    Michigan, Hayes discussed what the state can         freedom and individual responsibility                supported and often working against
                                                                                                                                                                                                                                         liberty and limited government.” ¬
                                 states. Unfortunately, attempts to use tax       do to avoid a similar fate. ¬                        have been losing the battle for the                  the principles of liberty. But, we all get
                                 increases to curb smoking are misguided and                                                                                                                to choose!”
                                                                                                                                       hearts    and     minds       of     individuals,
                                 will lead to even more smuggling, a point
                                                                                                                                       especially those in the political middle
                                 made in several op-eds written by Michael                                                                                                                  The one message he would like to share
                                                                                                                                       and soft left.”
                                 LaFaive and adjunct scholar Todd Nesbit.                                                                                                                   with Mackinac Center donors is to stay
                                 These pieces appeared in The Washington                                                               He       continues,      “Freedom-focused            focused on the big picture. “We often
                                 Post, The Hill and the Duluth News Tribune.                                                                                                                want to see policies changed quickly,
                                                                                                                                       organizations have mastered rigorous

12   March/April 2021   IMPACT
Temporary Pandemic Reforms Should be Made Permanent - Mackinac Center
MEET THE STAFF

                                                     The Family Man
                                     A profile of the Mackinac Center’s
                                                  Jim Walker
                                 He was almost a priest.                                   From there, he served a variety of religious, cultural
                                                                                           and civic institutions.
                                 It’s strange to think about now. Now that Jim
                                 Walker is happily married with six kids.                  “My job is to connect people of means to people
                                                                                           with needs. To amplify the voice of donors who
                                 Growing up in Oxford, Michigan — then a one-
                                                                                           make game-changing investments,” he said.
                                 traffic light town — Jim is from a devout family.
                                 One that knew tragedy.                                    In 2015, the ex-athlete came to the Mackinac
                                                                                           Center for Public Policy, where he is now the vice
                                 When he was five, his fourth-eldest sister passed
                                                                                           president for advancement. He says it’s a special
                                 away from a rare lung disease. His brother was
                                                                                           place because of its mission and leadership, and
                                 diagnosed as well, spending years being fed
                                 by a tube and sleeping in an oxygen tank, and             the team he’s privileged to lead, with its diverse
                                 doctors said he would die as well. But he didn’t.         sets of skills and abilities.
                                 Walker, assisting as his caretaker, saw it all up-close
                                                                                           “Policy changes have ability to affect millions of
                                 from a young age.
                                                                                           lives almost instantaneously, but the changes often
                                 Learning to accept suffering peacefully was, in           take years to achieve,” he said. “The state’s right-to-
                                 part, what prompted him to consider a call to the         work law, our win at the Michigan Supreme Court
                                 priesthood. The son of a football coach, he went          (in a case concerning Gov. Gretchen Whitmer’s
                                 to Hope College to play defensive back and study          executive orders), all of the victories — they don’t
                                 physics. Injuries, student loans and a maturing           happen without our donors investing in ideas
                                 faith prompted him to transfer to a seminary.             and doing so for the long run. They’re not only
                                                                                           generous but persevering.”
                                 God had other plans, however. And so did the
                                 young woman who would become his wife.                    Walker loves his job because, as he says, “generous
                                                                                           people are happy people. Our donors give freely
                                 “Kelly and I were raised in the same small town.          to make the world, and Michigan in particular, a
                                 Our older siblings married each other. We dated           better place for all people. The main return on their
                                 when I was at Hope,” he said. “After I left seminary,     investment is knowing they’ve done something to
                                 we started dating again, got engaged, and decided         help others.”
                                 to serve the church another way.”
                                                                                           Above all, he is a family man. He learned to
                                 During the engagement, the two became                     prioritize family from the example of his own
                                 missionaries; he was stationed in Dallas, and she         parents. He has five living siblings, and his mom is
                                 went to Atlanta.                                          expecting grandchild number 27 soon.

                                 “That’s how I first started working with donors,”         “And we all get together almost every Sunday.
                                 Walker said. “We needed money for a project,              When my dad was living, he referred to it as a
                                 and I was able to secure a few commitments from           piece of heaven.” ¬
                                 people who wanted to help.” A few years later,
                                 he was asked to run a school near Dallas, as its
                                 chief executive.

14   March/April 2021   IMPACT                                                                                     IMPACT     March/April 2021       15
Temporary Pandemic Reforms Should be Made Permanent - Mackinac Center
NONPROFIT
                                                                                                                         U.S. POSTAGE
                                                                                                                              PAID
                                                                                                                          MIDLAND, MI
140 West Main Street, P.O. Box 568                                                                                      PERMIT NO. 275
     Midland, Michigan 48640

                               Postal Delays Didn’t
                                  Deter Giving
                   “With 1920 postmark, mail is delivered to          Gifts poured in through the mail as well
                          Michigan home 100 years late.”              as through stock transfers, direct deposit,
                                                  — Washington Post   monthly credit card giving and online giving at
                                                                      www.mackinac.org/donate.
                While most of us won’t ever experience such
                a severe mail delay, over the past year all of        Whatever your preferred giving method, we’re
                us have sent mail that arrived far later than         truly grateful.
                we expected. That’s what happened to the
                                                                      Because of you, we advanced the cause of
                Mackinac Center’s final letter of 2020, mailed
                                                                      freedom and limited government even during
                to supporters on Dec. 11. A number of you told
                                                                      an unforeseen pandemic. Your gifts fueled
                us that you did not receive it until mid-January;
                                                                      policy reforms like deregulating telemedicine
                others received it in February.
                                                                      and making it easier for ex-offenders to obtain
                The New York Times recently reported that             productive work. And you contributed to our
                in December, the U.S. Postal Service turned in        landmark victory at the Michigan Supreme
                its worst performance in years, with only 64%         Court over Gov. Gretchen Whitmer’s abuse of
                of first-class mail delivered on time around          power.
                Christmas. The reasons aren’t surprising:
                                                                      As you know, there is much more to do to
                postal workers affected by COVID-19, the
                                                                      restore our freedoms and restart our economy
                holiday mail rush and increased demand for            in 2021. Your continued support is vital. Mail
                parcel deliveries.                                    will continue to be an important and effective
                But what’s so encouraging to us is that the           way for the Mackinac Center to communicate
                late delivery didn’t stop supporters like you         with you, but there are many other ways for us
                                                                      to stay in touch, including online and through
                from giving.
                                                                      email. Please don’t hesitate to contact our
                The number of gifts made to the Mackinac              Advancement Department at 989-631-0900
                Center in 2020 was about 35% higher than              if you would ever like to talk about your mail,
                it was in 2019, this included support from            email or giving preferences. We look forward
                hundreds of new donors.                               to talking with you. ¬
Temporary Pandemic Reforms Should be Made Permanent - Mackinac Center
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