There’s been much hullabaloo over recent days involving Atty. Gen. Henry McMaster and yet another of his Quixotic quests — to investigate the dealings between U.S. Sens. Harry Reid and Ben Nelson involving a deal to get the Senate Democats’ health care bill passed. We’re not saying that it didn’t look shady, but shady deals in the furtherance of passing legislation is just a part of doing business, no matter which party to which you belong.

And here’s the thing — it’s a national effort. Against machinations in Congress. If the deal, and the one involving U.S. Sen. Mary Landrieu, are to be investigated, shouldn’t it be by elected officials in Congress? Or someone involved in Federal-level law enforcement? What exactly does the chief law enforcement officer of our state have to do with Federal legislation, and what generates that legislation? Moreover, why the hell is he wasting his time on this matter?

Yeah, we know it’s mind-boggling, but it’s just another campaign ploy on the road to the S.C. Republican gubernatorial primary. Like the poker idiocy and the Craigslist debacle before it. We’d still like to see an all-out action to curb crack use, which hits the least fortunate members of society and drives up crimes like theft, robbery and burglary, among others. But that wouldn’t raise favorability ratings among the GOP base, so it’s left to local officials and cash-strapped agencies.

Seriously, while this mess is going down, McMaster has had an ethics report on actual misdeeds by a state official — that would be our illustrious Governor — on his desk for months. That’s something he can actually do something about. Too bad any sort of investigation is continually put off by these grandstanding stunts.

Per Randy Newman, “Let’s drop the big one now.”

Like Master Shake reading a Redbook on a spaceship, we were done with this health care debate when it started. Democratic plans, Republican opposition, who the hell really cares? The people who really need help aren’t going to get it. Maybe it’s just our internal populist, union background coming out, but you can’t trust rich people for shit. And that goes for liberals and conservatives alike.

It’s simply hard to believe that families like ours will be helped by the Democratic plan, or would have been helped if the Republicans had succeeded in stopping it. You can practically count on your fingers the amount of legislation that helped everyday Americans. Let’s see: Social Security, Medicare and Medicaid, the LBJ civil rights trifecta (civil rights, voting rights, fair housing) and the Family and Medical Leave Act. You can throw in the minimum wage and child labor laws if you’re feeling frisky.

That’s why all this bitching and moaning leaves us bored to tears. It’s drawn the worst out of both — achingly earnest Democrats, and ridiculously irritable Republicans. To aggressively paraphrase Robert Duvall’s character in “The Paper,” the feeling is, “You know what every politician in this country needs to do? Is shut-the-fuck-up.” It is, as Shakespeare wrote, “Sound and fury, signifying nothing.”

So, the bill will be signed into law. A couple people will be helped. A couple people will be harmed. And the nation will keep humming along. But for those who need affordable health care the most, nothing will be done.

As Spike Lee might say, “Please, baby, please, baby, please, baby — baby baby please.” We’re getting killed with all these attempts at recreating the Nullification Crisis. OK, it’s the 21st century. The Federal government won’t send troops into your state like it used to in the 1800s. That’s why former President George W. Bush didn’t occupy California after medical marijuana and gay marriage. But if it were 1835, you can guaran-damn-tee he would have pulled that shit. So, that’s probably the motivation of legislators trying to nullify Federal law (a law that has not been passed, by the way) dealing with expanded health care options. From everything we learned in history class and constitutional law classes, states can’t nullify Federal law. That’s kind of the deal, as it comes to the federal system of governance. But, whatever.

Rep. Jeff Duncan, you’re next, or, actually, last among the prefilers for this dubious legislation.

H. 4240: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE “DECLARATION OF RIGHTS”, SO AS TO ADD A NEW SECTION PROHIBITING THE ENACTMENT OF ANY LAW THAT RESTRICTS AN INDIVIDUAL’S FREEDOM OF CHOICE OF PRIVATE HEALTH CARE SYSTEMS OR PRIVATE HEALTH INSURANCE PLANS OR THAT INTERFERES WITH AN INDIVIDUAL’S OR ENTITY’S ABILITY TO PAY DIRECTLY FOR LAWFUL MEDICAL SERVICES OR THAT IMPOSES A FINE OR PENALTY OF ANY TYPE FOR CHOOSING TO OBTAIN OR DECLINE HEALTH CARE COVERAGE OR FOR PARTICIPATING IN ANY PARTICULAR HEALTH CARE SYSTEM OR PLAN.

And, look, more health care, this time from the Democrats. Rep. Leon Stavrinakis is addressing insurance coverage, making sure you can’t be denied coverage because of something caused by a crime. And, let’s face it — if they can, they will. We are close with people who have or who currently work for insurance companies. However you feel about health care reform, these companies act like dicks whenever the law allows them to. Kind of like banks (looking at you, Wachovia!).

H. 4258: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-244 SO AS TO PROHIBIT A COMPANY ISSUING AN ACCIDENT AND HEALTH INSURANCE POLICY FROM DENYING OR LIMITING COVERAGE TO AN INSURED BECAUSE OF A PREEXISTING CONDITION WHICH RESULTS FROM AN INJURY OR CONDITION SUSTAINED BY A VICTIM AS A RESULT OF A CRIMINAL ACT.

It’s no surprise that the health care tussle in Congress has infiltrated the General Assembly. After all, bills were introduced in the House to allow South Carolina to opt out of a health care plan that has yet to pass the U.S. Senate or get signed into law. There’s also the problem of federalism. You see, a state cannot override a national law. If you don’t believe us, maybe you’ll listen to our good friend, Andrew Jackson.

Not that basic civics lessons ever stopped Sen. Lee Bright from being the most ignorant person in the Senate. He practically lives off it. Could someone run and beat that guy in 2012? We don’t want to have to deal with his bullshit for another term.

S. 980: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 25 TO PREEMPT ANY FEDERAL LAW OR RULE THAT RESTRICTS A PERSON’S CHOICE OF PRIVATE HEALTH CARE PROVIDERS OR THE RIGHT TO PAY FOR MEDICAL SERVICES.

Let’s try this again, kiddos: you cannot preempt Federal law. That’s called “illegal.” Don’t want the Democrats’ health care plan? Call your U.S. senator. Demonstrate. Write letters to the editor. But you can’t put it into the state constitution and say, “Suck it, D.C.” We tried that twice. Once invasion was threatened, and the other time ended up with a decade of military occupation. Did nobody in this state pay attention in history class?

But, God forbid Bright be the only clown to run this path. Sen. Mike Rose did the same.

S. 1010: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 25 TO PREEMPT ANY FEDERAL LAW OR RULE THAT RESTRICTS A PERSON’S CHOICE OF PRIVATE HEALTH CARE PROVIDERS OR THE RIGHT TO PAY FOR MEDICAL SERVICES.

At least Rose was smart enough not to only file a bill that was, on the face of it, patently unconstitutional, and put one in that could actually stand up to a court challenge.

S. 987: A BILL TO AMEND CHAPTER 1, TITLE 38 OF THE 1976 CODE, BY ADDING SECTION 38-1-40 TO ENACT THE “FREEDOM OF CHOICE IN HEALTH CARE ACT,” TO PROVIDE THAT CITIZENS OF THIS STATE HAVE THE RIGHT TO PURCHASE PRIVATE HEALTH INSURANCE, TO PROVIDE THAT THE GENERAL ASSEMBLY MAY NOT REQUIRE ANY PERSON TO PURCHASE HEALTH CARE INSURANCE, AND TO REQUIRE THE ATTORNEY GENERAL TO CHALLENGE THE CONSTITUTIONALITY OF ANY HEALTH CARE PLAN MANDATED BY CONGRESS.

Ironically, while Rose is opposing the possibility of mandated health insurance, he’s mandating liability insurance for nursing homes.

S. 990: A BILL TO AMEND SECTION 44-7-260 OF THE 1976 CODE, RELATING TO REQUIREMENTS FOR LICENSURE, TO PROVIDE THAT NURSING HOMES MUST CARRY AT LEAST ONE MILLION DOLLARS IN COMPREHENSIVE GENERAL LIABILITY INSURANCE TO OBTAIN A LICENSE, TO PROVIDE THAT A NURSING HOME MUST NOTIFY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UPON CANCELLATION OF A GENERAL LIABILITY POLICY, AND TO PROVIDE THAT A NURSING HOME LICENSE SHALL BE REVOKED UPON FAILURE TO MAINTAIN GENERAL LIABILITY INSURANCE.

The time before the next session isn’t just about writing bills and fun with impeachment. There are a number of important issues that need to be dealt with, and some preplanning involved. That’s why a few groups of legislators are getting together to save time when the General Assembly goes on the clock in January.

One of the biggest and most involved issues is a total overhaul of the state health care apparatus. Since September, a Senate subcommittee has been hashing out the details of three restructuring bills — S. 384, H. 3199 and H. 3314. Though it initially looked shot down, the first bill’s proposal of moving the Department of Health and Environmental Control into the cabinet survived a late October vote. H. 3199 would combine the Department of Mental Health, the Department of Alcohol and Other Drug Abuse Services and the Continuum of Care into a cabinet-level Department of Behavioral Health Services. The third bill would make the maligned Department of Disabilities and Special Needs into the cabinet, as well.

What has been and will probably continue to be talked about is splitting up DHEC into two boards within the department — one just on health issues, one on the environment. Seems to make sense.

Another spot that is getting extra attention is the Employment Security Commission. We’ve seen problems with the ESC for a year now, from outdated information systems to a lack of cash, and fights over who should be getting the money when times are tight. Yet another problem is that the agency owes the Federal government $700 million for loans used to pay South Carolina’s unemployed when there was no money to be had. Tuesday, a House committee began taking a close look at further reforms of the agency. The idea is to have legislation ready when everything kicks off next month.

“We all understand there is going to be some reform,” said Rep. Kenny Bingham, R-Lexington, picked by [House Appropriations Committee chairman Dan] Cooper to be chairman of the subcommittee. “We need to get a bill out.”

The House review comes in the wake of a tumultuous two years which saw the state and national economies plunge into recession, and runaway unemployment benefits claims bankrupt the state’s once-soaring, $1 billion benefits trust fund.

There’s one place that legislators won’t be spending any extra time. The Taxation Realignment Commission is composed of 11 members, none of which are members of the General Assembly, per the legislation that created TRAC. They should be keeping up with the reports that are going up on the Internet, though, because there’s going to be a significant push to get something done when TRAC members present their report in March.

Oh, boy. If you didn’t think the back-and-forth in Washington of this exchange: “You think you know better than everyone! Keep your big government hands out of health care,” versus, “Oh, you mean, ‘Keep your socialist hands off my Medicare,’” was not coming to our state government, you picked wrong. Rep. Tim Scott, who is in the Republican primary for lieutenant governor, is certainly going to be grabbing himself some headlines come January.

Scott sponsored the following bills:

H. 4171: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-15 SO AS TO PROVIDE THAT IF PROVISIONS OF FEDERAL LAW MANDATE THAT ALL CITIZENS WITH CERTAIN EXCEPTIONS PURCHASE OR SECURE HEALTH INSURANCE COVERAGE THROUGH A RANGE OF OPTIONS ONE OF WHICH IS TO PURCHASE OR SECURE HEALTH INSURANCE COVERAGE THROUGH A PUBLIC PLAN UNDERWRITTEN IN WHOLE OR IN PART BY THE FEDERAL GOVERNMENT, AND THE PUBLIC PLAN PERMITS STATES TO “OPT OUT” OF THIS PUBLIC OPTION, THE STATE OF SOUTH CAROLINA HERBY “OPTS OUT” AND DECLINES TO HAVE THIS PUBLIC PLAN OPTION APPLY TO OR BE AVAILABLE TO THE CITIZENS OF THIS STATE.

Yes, that’s exactly what it looks like — it makes sure that the Palmetto State opts out of a health care bill that has yet to pass the U.S. Senate. We just love preemption in this state, from seceding under the thought President Abraham Lincoln would have eliminated slavery (which is doubtful, in retrospect), all the way to the last session when Rep. Eric Bedingfield went both barrels with a bill and a constitutional amendment to prevent South Carolina from being involved in a federal card-check law. Come to think of it, this bill has a constitutional amendment filed with it, too.

H. 4181: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, SO AS TO ADD A NEW SECTION PRESERVING THE FREEDOM OF SOUTH CAROLINIANS WITH RESPECT TO THE PROVIDING OF HEALTH CARE SERVICES, BY PROHIBITING ANY LAW, REGULATION, OR RULE TO COMPEL AN INDIVIDUAL, EMPLOYER, OR HEALTH CARE PROVIDER TO PARTICIPATE IN A HEALTH CARE SYSTEM, BY ALLOWING INDIVIDUALS AND EMPLOYERS TO PAY DIRECTLY FOR LAWFUL HEALTH CARE SERVICES WITHOUT PENALTIES OR FINES FOR THESE DIRECT PAYMENTS, BY PROVIDING THAT THE PURCHASE OR SALE OF HEALTH INSURANCE IN PRIVATE HEALTH CARE SYSTEMS MUST NOT BE PROHIBITED BY LAW, REGULATION, OR RULE, BY PROVIDING THOSE INCENTIVES IN WHICH THE RIGHTS PROVIDED BY THIS SECTION DO NOT APPLY, AND TO PROVIDE APPROPRIATE DEFINITIONS.

The bill probably has a better chance of passing than the constitutional amendment, but whether either make it to the Governor’s desk, eh, no guarantee on that one. There will be more than significant support among Republican members, but we suspect there will be intense Democratic opposition. Of course, a win for the Dems will probably add to up a delaying action just to make sure there are no final votes or conference committees or the like.

Speaking of Democrats, Rep. Boyd Brown has a bill in the hopper, to incentivise doctors to take their practice to rural areas.

H. 4195: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 111, TITLE 59 TO ENACT THE “SOUTH CAROLINA RURAL PRIMARY CARE PHYSICIAN LOAN REPAYMENT PROGRAM” SO AS TO CREATE A LOAN REPAYMENT PROGRAM FOR LICENSED PRIMARY CARE PHYSICIANS WHO PRACTICE IN RURAL AREAS WITHIN THE STATE, TO PROVIDE FOR A PROGRAM ADVISORY BOARD, TO PROVIDE CRITERIA BY WHICH PHYSICIANS MAY BE SELECTED, TO PROVIDE PENALTIES FOR NONCOMPLIANCE WITH THE PROGRAM, TO PROVIDE FOR THE APPROPRIATION OF FUNDS FOR THE PROGRAM, AND TO DEFINE CERTAIN TERMS.

As well, a number of legislators came to fashion a bipartisan bill to address a recent controversy coming out of Congressional votes on amendments to health care legislation.

H. 4198: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-115 SO AS TO PROVIDE THAT IT IS UNFAIR DISCRIMINATION FOR AN INSURER TO DENY, REFUSE TO ISSUE OR RENEW, CANCEL, RESTRICT OR EXCLUDE COVERAGE, DENY A CLAIM OR LIMIT PAYMENTS, OR ADD A PREMIUM DIFFERENTIAL TO A POLICY OR CERTIFICATE OF COVERAGE ON THE BASIS THAT AN APPLICANT OR INSURED HAS BEEN OR IS PERCEIVED TO HAVE BEEN ABUSED OR MAY BE A SUBJECT OF ABUSE AND TO PROVIDE PENALTIES, INCLUDING FINES UP TO TWO HUNDRED THOUSAND DOLLARS.

This bill’s primary sponsor is Rep. Shannon Erickson, and she’s joined by Reps. Joan Brady, Gilda Cobb-Hunter, Jenny Horne, Rita Allison, Anne Peterson Hutto, Bill Herbkersman and Murrell Smith. As of right now, it’s completely legal for an insurance company to deny you coverage because of previous or current domestic violence. There’s no national law governing this, because, as has been blatantly obvious for some time, insurance regulations are largely left up to the states. So, in case a bill such language in it doesn’t pass in Congress, this legislation is to make sure it happens here.

As the days wind toward the opening of the session, there will likely be more heath care related bills coming down the pike.

Lt. Gov. André Bauer’s sub-rosa campaign for governor went to the health care industry in the last quarter, and went hard. Between companies, organizations and people tagged with “health care” on the report, he took in (from our haphazard calculations) $63,801 from health care-related entities. That’s about 22.3 percent of his total haul. We’re not going to list all of them, because who gives a damn, but it’s all on the report. Overall, Bauer raised $285,099.16, spent $68,004.12 and has $825,071.61 on hand. Also, it’s clear that while Rod Shealy isn’t the lead consultant for Bauer anymore, he’s still doing work for his long-time client.

Notable contributions
Health care industry, $63,801
Total interest earned on contributions, $27,092.66
Capital City/Lake Murray Country Tourism Board, $575
Business association
Darlington Raceway, $1,000
Motorsports track
Duke Energy, $3,500
Energy company
Burnie Maybank, $250
Former director of S.C. Department of Revenue
Enterprise Rent-A-Car PAC, $1,000
Car rental PAC
R.L. Jordan Oil Company, $500
Transportation company
Orangeburg Chrysler-Dodge, $100
Car dealership
Mid-Carolina Electric Cooperative, $3,500
Energy cooperative
Fairfield Electric Cooperative, $700
Energy cooperative
Piedmont Natural Gas Company, $1,000
Energy company
Time Warner Cable — SC PAC, $500
Media company PAC
Distilled Spirits Council, $500
Industry association
Jim Hudson Automotive Group, $1,000
Car dealerships
Honda Cars of Columbia, $500
Car dealership
John Daly Enterprises, $1,000
Company of noted golfer

Notable disbursements
3020 Devine Inc. (rent), $200×3
Statewide Security Systems (security services) $200×3
Public Opinion Strategies (phone bank/survey), $15,000
Advancing Strategies (consulting) $5,000×3
Rod Shealy (mailing service) $6,261
SCPR Associates (research), $9,000

It’s funny (sometimes) to watch the machinations of the anti-public school people in this state. Most frequently, it seems they’re pissed that public schools are actually educating people who come from parents that don’t have a combined income over $100,000, or a predominantly-minority school that hasn’t already had an associated pastor bought off. Such is life.

The recent swine flu issue is pretty interesting. Back in April, the private Newberry Academy had to be shut down after 13 students and their chaperones went to Cancun and brought back the swine flu. If this had happened at a public school, any public school in South Carolina, Will Folks and his buddies at South Carolinians for Responsible Government would have peed their pants in anticipation of exploiting the situation. Instead, it happened at a place of which their boy Chad Connelly chairs the board.

Now, it turns out that, according to SCRN, 40 percent of the Cardinal Newman football team has been (no pun intended) sidelined with the pig sickness. Yet another private school. Those SCISA football playoffs should be hot.

We really don’t like to address blowhards from the left or the right, because dealing with that is like making a rational argument in a chat room or a sports message board. But this had to be taken to task.

Michelle Malkin, who has defended World War II detention camps for Japanese-Americans, made the thinly-veiled accusation that the four doctors who appeared with President Barack Obama for one of Obama’s more forceful health care speeches were “dubious doctors” and “dangerous poseurs.”

Really?

Well, one of those doctors was none other than Dr. Sonia Vishin, a physician at our parents’ alma mater of the University of Alabama at Birmingham. And she sure as shit isn’t dubious.

Vishin, 29, is in her second year of a three-year fellowship in pulmonary and critical care medicine at UAB. She is the state representative of Doctors for America, a national coalition of 15,000 doctors pushing for improved access to health care, making it more affordable, improving quality, and reducing the amount of time doctors have to spend dealing with paperwork and insurance companies.

At UAB, Vishin often sees patients without health coverage who could benefit from a reformed system that covers preventive care and lowers the cost of medicine.

“It’s people who haven’t taken their medications who should’ve come in earlier and by the time I see them they’re unable to breathe and the end up on a ventilator,” she said.

Vishin plans to return to Birmingham today to work on a grassroots campaign to promote health care reform, a topic that has brought intense debate and opposition around the country.

You can disagree with these doctors’ stances, and many people do. But to write what Malkin did is asinine.

Round of applause, fellas. There’s a reason Congress has such a low approval rating, and it’s for events of political theater like the one that unfolded Tuesday evening in the U.S. House. Maybe it’s because we’re friendly with partisans of both sides, and they all get fired up about this, but it seems to us that after the initial kerfuffle, this thing should have gone away.

Let’s recap: During President Barack Obama’s health care address, U.S. Rep. Joe Wilson yelled, “You lie!” from the House floor. It shouldn’t have happened, it allowed a lot of people to throw jokes at his expense and poke fun. Great, that’s fine — he brought it on himself. Then, Wilson called Obama chief of staff and professional ball-breaker Rahm Emanuel to apologize.

Seems like that would work. A two-day story.

But, oh, this is American politics, and one turn deserves another, like a never-ending series of attacks reminiscent of August 1914. Liberals fired back, raising bank for challenger Rob Miller’s campaign. Wilson’s people countered, developing T-shirts and doing fundraising of their own. There were demonstrations and counter-demonstrations. There were clowns. Add into the mix an endless amount of sniping over the Internet.

What is the Democratic majority to do? We thought it was great that the Democrats picked a woman as its first speaker of the house in 12 years. Not so happy that it was Nancy Pelosi. For one reason or another, she never struck us as someone that you’d want in the leadership. But, it is what it is.

Sprinkle into the mix some classic South Carolina battles. House Majority Whip Jim Clyburn commented in a story recently that he was none too happy that Wilson held a town hall meeting at Keenan High School, in the Sixth District. Whether that was a part of it or not, it was reported by a Politico reporter on C-SPAN today that Pelosi wasn’t initially behind the idea of a resolution, and it was Clyburn who lobbied for the resolution.

So, there we were, ’round 5 p.m., watching the House going through the roll call vote. In the end, the resolution passed, 240-179. Expect a continuing amount of warring against the 12 Democrats that voted against and the seven Republicans that voted for the resolution, including U.S. Rep. Bob Inglis, who is in a tough primary fight to save his seat.

The play was called by the Democrats, so we’ll analyze what they could, or could not have done, in the situation. There are a number of factors to take into consideration, but it should be split on external and internal lines.

Externally speaking, they should have let it go. Yeah, let the netroots and the grassroots and every other roots complain and raise money and put up blog posts and hold rallies. They do that pretty well. Have the House Caucus issue a statement saying that you deplore the congressman’s actions, but respect his apology, and that it’s the party’s intention to move on and pass meaningful health care reform. Done. The House Dems look good, and seem like they have their eyes on the ball. May cost with the die-hards, but they’re never happy, anyway.

Internally speaking, Pelosi had to act. House Democrats watched for eight years while they saw Republicans hold the line for President George W. Bush. If the Dems didn’t do something that is ultimately a pretty petty thing, it would seem like they were weak. And, this is Washington politics — it’s like the African plains. The weak get eaten by the lions. Also, it was a way of telling Obama that the House has his back. Internal politics, it can be a bastard.

And so it is. In the insular, high school-like world of Capitol Hill, the House Dems didn’t have perspective — at least, that’s the way it looks from South Carolina. They did a very red meat thing in the middle of debating one of the biggest issues of the last century.

So, here we go again. This story will probably run another week or two before the next scandal or catastrophe, and there will be more claims of Marxism and racism thrown around and maybe, at some point, we can finally get to the bottom of the health care problem in our country.

But that didn’t happen today.