We Must Do Better

July 16, 2012

Everybody is expressing opinions about the US Supreme Court’s various written opinions regarding the Patient Protection and Affordable Care Act of 2010.

However, my mind goes back to the heated debate the previous year, to a passage about this topic in a July 13, 2009 Businessweek column co-authored by Benjamin E. Sasse, US Secretary of Health and Human Services from 2007 until taking a teaching position at the University of Texas in Austin in 2009, and Kerry N. Weems, an independent consultant who previously served 28 years in federal government, most recently as the head of Medicare and Medicaid.

Sasse and Weems wrote:  “. . . passionate certainty that things are broken is not the same as dispassionate clarity about how to fix them.”  They were critical of people on both sides of the health care debate who were “still campaigning on the issue when what’s needed is a detailed conversation.”

What bothered Sasse and Weems on July 13, 2009, seven months into President Obama’s first term, has only gotten worse on July 13, 2012, four months prior to the next election.  Many are campaigning – on health care, as well as the economy, the environment, education and every other pressing issue of our times and our children’s times – but few are truly leading on those issues.

Borrowing from the title of Bill Bradley’s latest book, which he borrowed from Abraham Lincoln’s second inaugural address, "we can all do better."  In fact, we not only can, we must.  It’s a matter of will more than it is of wisdom.

Correctable Error?

May 30, 2017

A decade has passed since the court-ordered change in several sports seasons for Michigan high schools. Ten years has brought resignation more than satisfaction; and yet there remains hope in some places that the new status quo is not permanent, at least for those sports seasons changes that were and are seen by many people as collateral damage in a fight over seasons for girls basketball and volleyball.

Actually, the lawsuit sought to place all girls seasons in the same seasons as boys, like college schedules. The federal court did not require simultaneous scheduling; but the court did bring the intercollegiate mindset to the case. It determined, regardless of other facts, that the intercollegiate season was the “advantageous” season for high school sports. And the principle upon which it approved the compliance plan for high school sports in Michigan was that if all the seasons were not simultaneous for boys and girls, then there should be rough equality in the number of boys and girls assigned to “disadvantageous” seasons.

So, for example, from the federal court’s perspective, fall is the advantageous season for soccer, winter for swimming & diving, and spring for tennis. As for golf, the court opined that, even though it’s not the season of the NCAA championships, maybe fall was the better season. The court began with tortured logic and ended with hypocrisy. 

As a result, in the Lower Peninsula, regardless of the preferences of the people involved, girls and boys had to switch seasons in two sports to even up the number of boys seasons and girls seasons in what the court had determined were disadvantageous. Schools thought the switch of golf and tennis for the genders was less injurious than switching soccer and swimming.

In the Upper Peninsula, because swimming and golf are combined for the genders in the winter and spring, respectively, the court’s option was to switch boys and girls seasons for either soccer or tennis. The schools chose soccer as the least disruptive change.

As people count the damaging effects and think about challenging the court-ordered placements a decade later, they must understand the court was looking for balance, for having the genders share the burden of participating in disadvantageous seasons. Moving Lower Peninsula boys golf to join girls in the fall and/or switching Lower Peninsula boys and girls tennis back to what was preferred and in place before judicial interference would recreate the imbalance the federal court conjured up and sought to remedy.

Those of us involved see many advantages to conducting fall golf for both genders in the Lower Peninsula and switching Lower Peninsula tennis seasons for boys and girls, no matter when colleges schedule those sports or how impractical the court’s logic and how inconsistently it was applied. Nevertheless, correcting the court’s errors could be both contentious and costly.