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Taxpayers spend 22% more per patient to support Medicare Advantage – the private alternative to Medicare that promised to cost less

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theconversation.com – Grace McCormack, Postdoctoral researcher of Health Policy and Economics, University of Southern California – 2024-11-26 07:38:00

Grace McCormack, University of Southern California and Erin Duffy, University of Southern California

Medicare Advantage – the commercial alternative to traditional Medicare – is drawing down federal health care funds, costing taxpayers an extra 22% per enrollee to the tune of US$83 billion a year.

Medicare Advantage, also known as Part C, was supposed to save the government money. The competition among private insurance companies, and with traditional Medicare, to manage patient care was meant to give insurance companies an incentive to find efficiencies. Instead, the program’s payment rules overpay insurance companies on the taxpayer’s dime.

We are health care policy experts who study Medicare, including how the structure of the Medicare payment system is, in the case of Medicare Advantage, working against taxpayers.

Medicare beneficiaries choose an insurance plan when they turn 65. Younger people can also become eligible for Medicare due to chronic conditions or disabilities. Beneficiaries have a variety of options, including the traditional Medicare program administered by the U.S. government, Medigap supplements to that program administered by private companies, and all-in-one Medicare Advantage plans administered by private companies.

Commercial Medicare Advantage plans are increasingly popular – over half of Medicare beneficiaries are enrolled in them, and this share continues to grow. People are attracted to these plans for their extra benefits and out-of-pocket spending limits. But due to a loophole in most states, enrolling in or switching to Medicare Advantage is effectively a one-way street. The Senate Finance Committee has also found that some plans have used deceptive, aggressive and potentially harmful sales and marketing tactics to increase enrollment.

Baked into the plan

Researchers have found that the overpayment to Medicare Advantage companies, which has grown over time, was, intentionally or not, baked into the Medicare Advantage payment system. Medicare Advantage plans are paid more for enrolling people who seem sicker, because these people typically use more care and so would be more expensive to cover in traditional Medicare.

However, differences in how people’s illnesses are recorded by Medicare Advantage plans causes enrollees to seem sicker and costlier on paper than they are in real life. This issue, alongside other adjustments to payments, leads to overpayment with taxpayer dollars to insurance companies.

Some of this extra money is spent to lower cost sharing, lower prescription drug premiums and increase supplemental benefits like vision and dental care. Though Medicare Advantage enrollees may like these benefits, funding them this way is expensive. For every extra dollar that taxpayers pay to Medicare Advantage companies, only roughly 50 to 60 cents goes to beneficiaries in the form of lower premiums or extra benefits.

As Medicare Advantage becomes increasingly expensive, the Medicare program continues to face funding challenges.

In our view, in order for Medicare to survive long term, Medicare Advantage reform is needed. The way the government pays the private insurers who administer Medicare Advantage plans, which may seem like a black box, is key to why the government overpays Medicare Advantage plans relative to traditional Medicare.

Paying Medicare Advantage

Private plans have been a part of the Medicare system since 1966 and have been paid through several different systems. They garnered only a very small share of enrollment until 2006.

The current Medicare Advantage payment system, implemented in 2006 and heavily reformed by the Affordable Care Act in 2010, had two policy goals. It was designed to encourage private plans to offer the same or better coverage than traditional Medicare at equal or lesser cost. And, to make sure beneficiaries would have multiple Medicare Advantage plans to choose from, the system was also designed to be profitable enough for insurers to entice them to offer multiple plans throughout the country.

To accomplish this, Medicare established benchmark estimates for each county. This benchmark calculation begins with an estimate of what the government-administered traditional Medicare plan would spend on the average county resident. This value is adjusted based on several factors, including enrollee location and plan quality ratings, to give each plan its own benchmark.

Medicare Advantage plans then submit bids, or estimates, of what they expect their plans to spend on the average county enrollee. If a plan’s spending estimate is above the benchmark, enrollees pay the difference as a Part C premium.

Most plans’ spending estimates are below the benchmark, however, meaning they project that the plans will provide coverage that is equivalent to traditional Medicare at a lower cost than the benchmark. These plans don’t charge patients a Part C premium. Instead, they receive a portion of the difference between their spending estimate and the benchmark as a rebate that they are supposed to pass on to their enrollees as extras, like reductions in cost-sharing, lower prescription drug premiums and supplemental benefits.

Finally, in a process known as risk adjustment, Medicare payments to Medicare Advantage health plans are adjusted based on the health of their enrollees. The plans are paid more for enrollees who seem sicker.

Two sets of stacked boxes sit below a vertical bar labeled Risk-Adjusted Benchmark. A vertical line bisecting the boxes is labelled what Medicare would actually spend on an enrollee in traditional Medicare

The government pays Medicare Advantage plans based on Medicare’s cost estimates for a given county. The benchmark is an estimate from the Centers for Medicare & Medicaid Services of what it would cost to cover an average county enrollee in traditional Medicare, plus adjustments including quartile payments and quality bonuses. The risk-adjusted benchmark also takes into consideration an enrollee’s health.

Samantha Randall at USC, CC BY-ND

Theory versus reality

In theory, this payment system should save the Medicare system money because the risk-adjusted benchmark that Medicare estimates for each plan should run, on average, equal to what Medicare would actually spend on a plan’s enrollees if they had enrolled in traditional Medicare instead.

In reality, the risk-adjusted benchmark estimates are far above traditional Medicare costs. This causes Medicare – really, taxpayers – to spend more for each person who is enrolled in Medicare Advantage than if that person had enrolled in traditional Medicare.

Why are payment estimates so high? There are two main culprits: benchmark modifications designed to encourage Medicare Advantage plan availability, and risk adjustments that overestimate how sick Medicare Advantage enrollees are.

Two sets of stacked boxes with dotted arrows on the left side of each labeled Medicare Advantage Plan Bid sit below vertical bars labeled Benchmark and Risk-Adjusted Benchmark.

High risk-adjusted benchmarks lead to overpayments from the government to the private companies that administer Medicare Advantage plans.

Samantha Randall at USC, CC BY-ND

Benchmark modifications

Since the current Medicare Advantage payment system started in 2006, policymaker modifications have made Medicare’s benchmark estimates less tied to what the plan spends on each enrollee.

In 2012, as part of the Affordable Care Act, Medicare Advantage benchmark estimates received another layer: “quartile adjustments.” These made the benchmark estimates, and therefore payments to Medicare Advantage companies, higher in areas with low traditional Medicare spending and lower in areas with high traditional Medicare spending. This benchmark adjustment was meant to encourage more equitable access to Medicare Advantage options.

In that same year, Medicare Advantage plans started receiving “quality bonus payments” with plans that have higher “star ratings” based on quality factors such as enrollee health outcomes and care for chronic conditions receiving higher bonuses.

However, research shows that ratings have not necessarily improved quality and may have exacerbated racial inequality.

Even before fully taking into account risk adjustment, recent estimates peg the benchmarks, on average, as 8% higher than average traditional Medicare spending. This means that a Medicare Advantage plan’s spending estimate could be below the benchmark and the plan would still get paid more for its enrollees than it would have cost the government to cover those same enrollees in traditional Medicare.

Overestimating enrollee sickness

The second major source of overpayment is health risk adjustment, which tends to overestimate how sick Medicare Advantage enrollees are.

Each year, Medicare studies traditional Medicare diagnoses, such as diabetes, depression and arthritis, to understand which have higher treatment costs. Medicare uses this information to adjust its payments for Medicare Advantage plans. Payments are lowered for plans with lower predicted costs based on diagnoses and raised for plans with higher predicted costs. This process is known as risk adjustment.

But there is a critical bias baked into risk adjustment. Medicare Advantage companies know that they’re paid more if their enrollees seem more sick, so they diligently make sure each enrollee has as many diagnoses recorded as possible.

This can include legal activities like reviewing enrollee charts to ensure that diagnoses are recorded accurately. It can also occasionally entail outright fraud, where charts are “upcoded” to include diagnoses that patients don’t actually have.

In traditional Medicare, most providers – the exception being Accountable Care Organizations – are not paid more for recording diagnoses. This difference means that the same beneficiary is likely to have fewer recorded diagnoses if they are enrolled in traditional Medicare rather than a private insurer’s Medicare Advantage plan. Policy experts refer to this phenomenon as a difference in “coding intensity” between Medicare Advantage and traditional Medicare.

Human figure with arrows to two boxes. Left box has two plus symbols labelled  recorded diagnoses and one dollar sign. Right box has five symbols and three dollar signs.

The same person is likely to be documented with more illnesses if they enroll in Medicare Advantage rather than traditional Medicare – and cost taxpayers more money.

Samantha Randall at USC, CC BY-ND

In addition, Medicare Advantage plans often try to recruit beneficiaries whose health care costs will be lower than their diagnoses would predict, such as someone with a very mild form of arthritis. This is known as “favorable selection.”

The differences in coding and favorable selection make beneficiaries look sicker when they enroll in Medicare Advantage instead of traditional Medicare. This makes cost estimates higher than they should be. Research shows that this mismatch – and resulting overpayment – is likely only going to get worse as Medicare Advantage grows.

Where the money goes

Some of the excess payments to Medicare Advantage are returned to enrollees through extra benefits, funded by rebates. Extra benefits include cost-sharing reductions for medical care and prescription drugs, lower Part B and D premiums, and extra “supplemental benefits” like hearing aids and dental care that traditional Medicare doesn’t cover.

Medicare Advantage enrollees may enjoy these benefits, which could be considered a reward for enrolling in Medicare Advantage, which, unlike traditional Medicare, has prior authorization requirements and limited provider networks.

However, according to some policy experts, the current means of funding these extra benefits is unnecessarily expensive and inequitable.

It also makes it difficult for traditional Medicare to compete with Medicare Advantage.

Traditional Medicare, which tends to cost the Medicare program less per enrollee, is only allowed to provide the standard Medicare benefits package. If its enrollees want dental coverage or hearing aids, they have to purchase these separately, alongside a Part D plan for prescription drugs and a Medigap plan to lower their deductibles and co-payments.

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Medicare Advantage plans offer extras, but at a high cost to the Medicare system – and taxpayers. Only 50-60 cents of a dollar spent is returned to enrollees as decreased costs or increased benefits.

AP Photo/Pablo Martinez Monsivais

The system sets up Medicare Advantage plans to not only be overpaid but also be increasingly popular, all on the taxpayers’ dime. Plans heavily advertise to prospective enrollees who, once enrolled in Medicare Advantage, will likely have difficulty switching into traditional Medicare, even if they decide the extra benefits are not worth the prior authorization hassles and the limited provider networks. In contrast, traditional Medicare typically does not engage in as much direct advertising. The federal government only accounts for 7% of Medicare-related ads.

At the same time, some people who need more health care and are having trouble getting it through their Medicare Advantage plan – and are able to switch back to traditional Medicare – are doing so, according to an investigation by The Wall Street Journal. This leaves taxpayers to pick up care for these patients just as their needs rise.

Where do we go from here?

Many researchers have proposed ways to reduce excess government spending on Medicare Advantage, including expanding risk adjustment audits, reducing or eliminating quality bonus payments or using more data to improve benchmark estimates of enrollee costs. Others have proposed even more fundamental reforms to the Medicare Advantage payment system, including changing the basis of plan payments so that Medicare Advantage plans will compete more with each other.

Reducing payments to plans may have to be traded off with reductions in plan benefits, though projections suggest the reductions would be modest.

There is a long-running debate over what type of coverage should be required under both traditional Medicare and Medicare Advantage. Recently, policy experts have advocated for introducing an out-of-pocket maximum to traditional Medicare. There have also been multiple unsuccessful efforts to make dental, vision, and hearing services part of the standard Medicare benefits package.

Although all older people require regular dental care and many of them require hearing aids, providing these benefits to everyone enrolled in traditional Medicare would not be cheap. One approach to providing these important benefits without significantly raising costs is to make these benefits means-tested. This would allow people with lower incomes to purchase them at a lower price than higher-income people. However, means-testing in Medicare can be controversial.

There is also debate over how much Medicare Advantage plans should be allowed to vary. The average Medicare beneficiary has over 40 Medicare Advantage plans to choose from, making it overwhelming to compare plans. For instance, right now, the average person eligible for Medicare would have to sift through the fine print of dozens of different plans to compare important factors, such as out-of-pocket maximums for medical care, coverage for dental cleanings, cost-sharing for inpatient stays, and provider networks.

Although millions of people are in suboptimal plans, 70% of people don’t even compare plans, let alone switch plans, during the annual enrollment period at the end of the year, likely because the process of comparing plans and switching is difficult, especially for older Americans.

MedPAC, a congressional advising committee, suggests that limiting variation in certain important benefits, like out-of-pocket maximums and dental, vision and hearing benefits, could help the plan selection process work better, while still allowing for flexibility in other benefits. The challenge is figuring out how to standardize without unduly reducing consumers’ options.

The Medicare Advantage program enrolls over half of Medicare beneficiaries. However, the $83-billion-per-year overpayment of plans, which amounts to more than 8% of Medicare’s total budget, is unsustainable. We believe the Medicare Advantage payment system needs a broad reform that aligns insurers’ incentives with the needs of Medicare beneficiaries and American taxpayers.

This article is part of an occasional series examining the U.S. Medicare system.

Past articles in the series:

Medicare vs. Medicare Advantage: sales pitches are often from biased sources, the choices can be overwhelming and impartial help is not equally available to allThe Conversation

Grace McCormack, Postdoctoral researcher of Health Policy and Economics, University of Southern California and Erin Duffy, Research Scientist and Director of Research Training in Health Policy and Economics, University of Southern California

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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The Conversation

I went to CPAC as an anthropologist to see how Trump supporters are feeling − for them, a ‘golden age’ has begun

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theconversation.com – Alex Hinton, Distinguished Professor of Anthropology; Director, Center for the Study of Genocide and Human Rights, Rutgers University – Newark – 2025-02-21 12:35:00

Attendees take selfies at the Conservative Political Action Conference in Oxon Hill, Md., on Feb. 20, 2025.
Andrew Harnick/Getty Images

Alex Hinton, Rutgers University – Newark

At the start of his inaugural address on Jan. 20, 2025, President Donald Trump declared, “The golden age of America begins right now!”

A month later, Trump’s supporters gathered at the annual Conservative Political Action Conference, or CPAC, in Oxon Hill, Maryland, from Feb. 19-22 to celebrate the advent of this golden age.

Gold glitter jackets, emblazoned with phrases like “Trump the Golden Era,” are for sale in the CPAC exhibition hall. There, attendees decked out in other MAGA-themed clothing and accessories network and mingle. They visit booths with politically charged signs that say “Defund Planned Parenthood” and collect brochures on topics like “The Gender Industrial Complex.”

Another booth with a yellow and black striped backdrop resembling a prison cell’s bars was called a “Deportation Center.” Attendees photographed themselves at this booth, posing beside full-size cutouts of Trump and his border czar, Tom Homan.

Former Jan. 6 prisoners, including Proud Boys’ former leader Enrique Tarrio, have also been a visible – and controversial – presence at CPAC.

The conference’s proceedings kicked off on Feb. 20 with an Arizona pastor, Joshua Navarrete, saying, to loud applause, “We are living in the greatest time of our era – the golden age!”

Many subsequent speakers repeated this phrase, celebrating the country’s “golden age.”

For many outside observers, claims of a golden age might seem odd.

Just months ago during the 2024 presidential campaign, Trump said that an American apocalypse was underway, driven by a U.S. economy in shambles and major cities overrun by an “invasion” of “illegal alien” “terrorists,” “rapists” and “murderers.”

Now, Trump’s critics argue, the U.S. is led by a convicted felon who is implementing policies that are reckless, stupid and harmful.

Further, these critics contend, Trump’s illegal power grabs are leading to a constitutional crisis that could cause democracy to crumble in the U.S.

How, they wonder, could anyone believe the country is in a golden age?

As an anthropologist of U.S. political culture, I have been studying the Make America Great Again, or MAGA, movement for years. I wrote a related 2021 book, “It Can Happen Here.” And I continue to do MAGA research at places like this year’s CPAC, where the mood has been giddy.

Here are three reasons why the MAGA faithful believe a golden age has begun. The list begins, and ends, with Trump.

A white man with a dark hat and dark glasses wears black clothing and holds a large painting of himself on a stage.
Elon Musk holds a painting of himself during CPAC in Oxon Hill, Md., on Feb. 20, 2025.
Saul Loeb/AFP via Getty Images

1. The warrior hero

Trump supporters contend that after the Jan. 6, 2021, Capitol attacks, which they consider a “peaceful protest,” Trump became a political pariah and victim.

Like many a mythic hero, Trump’s response was “never surrender.” In 2023, he repeatedly told his MAGA faithful, “I am your warrior, I am your justice.”

Trump’s heroism, his supporters believe, was illustrated after a bullet grazed his ear during an assassination attempt in Pennsylvania in July 2024. Trump quickly rose to his feet, pumped his fist in the air and yelled, “Fight, fight, fight.”

The phrase became a MAGA rally cry and, in February 2025, it has been stamped on CPAC attendees’ shirts and jackets.

After Trump’s 2024 election victory, many Trump supporters dubbed it
the greatest comeback in political history.” MAGA populist Steven Bannon invoked this phrase at a pre-CPAC event on Feb. 19.

When Bannon spoke on the CPAC main stage on Feb. 20, he led the crowd in a raucous “fight, fight, fight” chant. He compared Trump with Abraham Lincoln and George Washington and called for him to run again for president in 2028.

This is despite the fact that Trump running for a third term would violate the Constitution.

2. A wrecking ball

The MAGA faithful believe that Trump is like a human “wrecking ball,” as evangelical leader Lance Wallnau said in 2015. This metaphor speaks to how Trump supporters believe the president is tearing down an entrenched, corrupt system.

The day Trump took office, MAGA stalwarts underscore, he began to “drain the swamp” with a slew of executive orders.

One established the Department of Government Efficiency, or DOGE, which is devoted to eliminating government waste. DOGE, led by billionaire Elon Musk, has dismantled USAID and fired thousands of government workers whom MAGA views as part of an anti-Trump “deep state.”

Musk stole the show at CPAC on Feb. 20. Speaking to a cheering crowd, Musk held up a large red chain saw and yelled, “This is the chain saw for bureaucracy.”

Speaker after speaker at this year’s CPAC have celebrated this and other wrecking-ball achievements on panels with titles like “Red Tape Reckoning,” “Crushing Woke Board Rooms” and “The Takedown of Left Tech.”

3. The Midas touch

A golden age requires a builder. Who better, the MAGA faithful believe, than a billionaire businessman with a self-proclaimed “Midas touch.” This refers to King Midas, a figure in Greek mythology who turns everything he touches into pure gold.

Trump Will Fix It” signs filled his 2024 campaign rallies. And MAGA supporters note that Trump began fixing the country on Day 1 by “flooding the zone” with executive orders aimed at implementing his four-pronged “America First” promise. In addition to draining the swamp, this plan pledges to “make America safe again,” “make America affordable and energy dominant again” and “bring back American values.”

These themes run through the remarks of almost every CPAC speaker, who offer nonstop praise about how Trump is securing the country’s borders, increasing energy independence, repatriating who they call illegal aliens, restoring free speech and reducing government regulation and waste.

CPAC speakers said that Trump has already racked up a slew of successes just a month into his presidency.

This includes Trump using the threat of tariffs to bring other countries to the negotiating table.

Meanwhile, Trump supporters are pleased that he has been working to cut deals to end the conflict in Gaza and the war between Russia and Ukraine, while reorienting U.S. foreign policy to focus on China.

House Speaker Mike Johnson expressed the prevailing MAGA sentiment when he stated at CPAC that Trump “wrote the art of the deal. He knows what he’s doing.”

CPAC attendees gather at the Gaylord National Resort Hotel and Convention Center in Oxon Hill, Maryland, on Feb. 20, 2025.
CPAC attendees wear Trump-themed clothing at the four-day political conference on Feb. 20, 2025.
Andrew Harnick/Getty Images

American exceptionalism restored

The golden-age celebration at CPAC centered on Trump and his mission to “make America great again.”

Speaker after speaker, including foreign conservative leaders from around the world, paid homage to Trump and this message.

During her CPAC speech, Liz Truss, the former prime minister of the U.K., stated, “This is truly the golden age of America.” Truss, who does not have a current political position, told the CPAC audience that she wanted to copy the MAGA playbook in order to “make Britain great again.”

The MAGA faithful believe that Trump is restoring an era of American exceptionalism in which the U.S. is an economic powerhouse, common sense is the rule, and traditional values centered on God, family and freedom are celebrated.

And they believe in a future where the U.S. is, as Trump said in his inaugural address, “the envy of every nation.”The Conversation

Alex Hinton, Distinguished Professor of Anthropology; Director, Center for the Study of Genocide and Human Rights, Rutgers University – Newark

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Brazil coup charges could end Bolsonaro’s political career − but they won’t extinguish Bolsonarismo

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theconversation.com – Anthony Pereira, Director of the Kimberly Green Latin American and Caribbean Center, Florida International University – 2025-02-21 07:38:00

Brazil coup charges could end Bolsonaro’s political career − but they won’t extinguish Bolsonarismo

The former president looked disappointed on Jan. 18, 2025, after a judge denied his request to travel to the U.S. for Donald Trump’s inauguration.
Evaristo Sa/AFP via Getty Images

Anthony Pereira, Florida International University

Brazilian politics are getting more dramatic again.

The South American country’s attorney general filed five criminal charges against former President Jair Bolsonaro and 33 others in its Supreme Court on Feb. 18, 2025, detonating political shock waves. The charges include plotting a coup d’état to prevent Luíz Inácio Lula da Silva’s presidency. The other defendants include several former prominent officials, including a former spy chief, defense minister, national security adviser and Bolsonaro’s running mate.

Lula took office in Brazil for a third time in January 2023, after he defeated Bolsonaro in the 2022 presidential election. Bolsonaro, a right-wing politician allied with U.S. President Donald Trump, had served the previous four-year term. Bolsonaro and his codefendants are also charged with trying to poison Lula and assassinate his vice presidential running mate, Geraldo Alckmin, and Brazilian Supreme Court Justice Alexandre de Moraes; participating in an armed criminal organization; and seeking to violently overthrow the democratic rule of law. He denies doing anything wrong.

As a professor of Brazilian politics, I believe that Bolsonaro’s legal troubles threaten to definitively end his political career. There’s also a possibility that the 69-year-old former president will be sentenced to prison. But, at the same time, the charges could also galvanize Bolsonaro’s base – playing into a narrative that sees the right-wing leader as stymied, unfairly, by the government he used to run.

No sash passed

Bolsonaro’s behavior before, during and after his second presidential campaign was unusual for any president seeking another term. He claimed, when he was still in office, that Brazil’s electronic voting system was not secure and predicted that fraud might crop up in the 2022 elections.

Although he never produced any evidence to support this claim, he promoted it on social media, fostering skepticism about the election among some voters.

Bolsonaro never formally conceded his narrow electoral defeat to Lula in October 2022, insinuating that instead the election had been stolen. In 2023, Brazil’s Supreme Electoral Court ruled that he had abused his power and banned him from running for political office again for the next eight years.

Instead of attending Lula’s inauguration on Jan. 1, 2023, where he would have been expected to participate in the traditional passing of the sash from the incumbent to the incoming president, Bolsonaro flew to Orlando, Florida, on Dec. 30, 2022. He stayed in Kissimmee, Florida, for the next three months.

That meant Bolsonaro was not in Brazil when thousands of his supporters rampaged through and vandalized three government buildings in Brasília on Jan. 8, 2023. The incident was strikingly similar to Trump supporters’ assault on the U.S. Capitol on Jan. 6, 2021.

The new charges accuse Bolsonaro of taking part in a conspiracy to delegitimize the elections. The indictment also alleges that after the results were announced, Bolsonaro and the other defendants encouraged protests and urged the armed forces to intervene, declare a state of siege and prevent the peaceful transition of power from Bolsonaro to Lula.

Man in yellow t-shirt speaks to throngs assembled on a beach in Rio de Janeiro.
Former Brazilian President Jair Bolsonaro can still draw crowds of supporters, as happened on Copacabana Beach in Rio de Janeiro on April 21, 2024.
Buda Mendes/Getty Images

Possibility of prison

The evidence in this indictment is based, in part, on plea-bargained testimony by one of the alleged conspirators, the former presidential adviser and army Lt. Col. Mauro Cid.

The attorney general has also accused Bolsonaro and his associates of being linked to businessmen who paid for buses to take Bolsonaro supporters to Brasília so they could participate in the Jan. 8 attacks, which caused damage estimated at 20 million Brazilian reais (US$3.5 million). And the indictment alleges that the coup plot failed because the commanders of Brazil’s army and air force refused to support the conspiracy, although the commander of the navy did, which explains why he was named as a defendant.

If Brazil’s Supreme Court accepts the charges, which seems likely, the legal battle will begin. If Bolsonaro is convicted, he could go to prison.

Bolsonaro’s defense team, for its part, says that the charges are “inept” and unconvincing. His lawyers expressed confidence that they could win the case.

Man in straw hat, accompanied by a woman in a pink suit, as they lead a crowd of people in business attire.
President Lula, wearing a hat, walks alongside Brazil’s first lady, Rosangela Janja da Silva, in a pink suit, during a rally in Brasilia on Jan. 8, 2025 – two years after supporters of his predecessor staged a failed coup attempt.
Claudio Reis/Getty Images

Narrow path

Bolsonaro and his supporters have long criticized Brazil’s Supreme Court, arguing that it has exceeded its constitutional powers and become a judicial “dictatorship.” They have also pushed for Congress to grant amnesty to everyone who took part in or helped carry out the Jan. 8 attacks, including Bolsonaro.

To date, Brazil’s Supreme Court has convicted 371 people for participating in the attacks. Those convicted have received prison sentences of between three and 17 years.

Unlike in the United States, however, there has been a broad consensus in Brazil that the attacks were illegitimate and unacceptable. This consensus includes many lawmakers on the right and center-right in Brazil’s Congress, as well as in state and local governments.

So, although the example of Donald Trump returning to the presidency and pardoning the participants in the Jan. 6 attack on the U.S. Capitol inspires Bolsonaro’s supporters, his path to achieving a similar result is narrower than was Trump’s.

Meanwhile, Trump’s media company, which owns Truth Social and Rumble, sued Moraes, the judge Bolsonaro is accused of plotting to kill, for ordering the suspension of social media accounts and thereby undermining the First Amendment rights of U.S. citizens. The case was filed in federal court in Tampa, Florida, on Feb. 19.

Any trial of Bolsonaro and the other alleged coup plotters could spark a political struggle.

Brazil’s right wing is currently divided between advocates of hard-line Bolsonarismo – a disruptive ideology that advocates social conservatism, a lightly regulated economy, militarism and a strong executive branch – and a more pragmatic conservatism that works within the conventional rules of politics and is mainly focused on patronage and the management of the spoils of office.

Should Bolsonaro and his fellow defendants be tried in the Supreme Court, those hard-liners could be mobilized and energized.

They would see the trial as the political establishment’s persecution of their political hero. And a struggle to find Bolsanaro’s successor, most likely between his son Eduardo and the former president’s wife, Michelle, would ensue.

The successor would claim the mantle of opposition to Lula, who is eligible to seek a fourth presidential term and claims to want to run for reelection in 2026 – when he would be about to celebrate his 81st birthday.

High stakes

There are, to be sure, some Brazilian politicians who are more moderate than Bolsonaro and would also like to run against Lula next time. They would bring much less baggage to that presidential race.

Their candidacies might offer a possible return to the relative political stability Brazil had experienced for almost two decades before 2013, when the main dividing line in Brazilian politics was between coalitions led by the center-right Social Democratic Party and the center-left Workers’ Party.

To be clear, it’s hard to overstate the potential consequences of the Supreme Court’s deliberation and judgment in this case.

The trial, should it occur, would be televised and also have a geopolitical dimension, because it would be closely watched by advocates of hard-right populism in other countries across the Americas and beyond. The stakes are high.

In the meantime, I have no doubt that Bolsonaro’s supporters will try to use his legal woes to rally his political movement. The judgment of Brazil’s Supreme Court, should it decide to hear this case, could therefore end Bolsonaro’s political career. However, no matter what happens, I believe that Bolsonarismo would still be alive and well as a political force in Brazil and a factor in the 2026 elections.The Conversation

Anthony Pereira, Director of the Kimberly Green Latin American and Caribbean Center, Florida International University

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Trump’s moves to strip employment protections from federal workers threaten to make government function worse – not better

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theconversation.com – James L. Perry, Professor of Public and Environmental Affairs Emeritus, Indiana University – 2025-02-21 07:38:00

Trump’s moves to strip employment protections from federal workers threaten to make government function worse – not better

Federal workers’ jobs may become more precarious than in the past.
mathisworks/DigitalVision Vectors via Getty Images

James L. Perry, Indiana University

On top of efforts to fire potentially tens of thousands of federal workers, an early executive order from President Donald Trump’s second term seeks to reclassify the employment status of as many as 50,000 other federal workers – out of more than 2 million total – to make them easier for the president to fire as well.

The order has already been challenged in court by two federal workers’ unions and other interest groups, though no judge has yet issued any orders. The Trump administration is drafting rules to put the order into effect.

The Conversation U.S. politics editor Jeff Inglis spoke to James Perry, a scholar of public affairs at Indiana University, Bloomington, to understand what the order is trying to achieve and how it would affect federal workers, the government and the American public. What follows is an edited transcript of the discussion.

A man stands on the seat of a stagecoach addressing a crowd.
Andrew Jackson, depicted here giving a speech, believed the president should be in control of most federal workers.
PHOTOS.com / Getty Images Plus

What is the standard situation for government employees?

In the 1820s and 1830s, President Andrew Jackson popularized the idea that the president could, and should, hire supporters into government jobs. But by the early 1880s, there was concern on the parts of both Democrats and Republicans that the victor would control a lot of workers who would serve the president, not the American people whose tax dollars paid their salaries.

So the parties came together in 1883 to pass the Pendleton Act stipulating that government workers are hired based on their skills and abilities, not their political views. That law was updated in 1978 with the Civil Service Reform Act, which added more protections for workers against being fired for political reasons.

Those rules cover about 99% of staff in the federal civil service. Currently, there are just about 4,000 political appointees. I’ve seen various estimates that this new executive order would shift at least 50,000 positions from career positions to the political-appointments list.

Some states, such as Mississippi, Texas, Georgia and Florida, have moved to strip employment protections from state government employees, turning protected employees into at-will workers, who can be fired at any time for any reason. These are largely red states, with strong control by Republican governors. Supporters of this move at the federal level argue that at-will employment can work in federal civil service.

This argument is not backed by strong evidence. The evidence supporters offer is that human resources directors, who are often appointees of the governor who changed the statute, claim no one has complained about the change in policy. But that doesn’t include people who are likely to have a different perspective.

It could be that nobody is talking about people being fired for political reasons in these states because they are afraid of getting fired themselves.

What does this executive order change, and why?

The rationale for the new policy is that the administration wants to get rid of federal workers whom leaders perceive as either intransigent or insubordinate – or who they fear might oppose Trump’s policy initiatives. This sets up a conflict between how government workers see their duties and how Trump appears to view them.

Federal employees interviewed by sociologist Jamie Kucinskas during Trump’s first term say they are obligated to look beyond the president’s bidding: They took an oath to the Constitution when they started their jobs, and their salaries and benefits are paid for with taxpayer dollars.

Trump, by contrast, says workers in the executive branch must answer to him and follow his orders.

Trump and others have tried to cloak this effort in language about removing workers who perform poorly at their jobs. That concern is legitimate. The Federal Employee Viewpoint Survey, which surveys hundreds of thousands of federal workers every year about various aspects of their work and working conditions, indicates that in 2024, 40% of those surveyed said people who perform poorly are not fired and do not improve.

But taking action against only 50,000 of the 2 million-plus federal employees isn’t going to address such a wide problem.

There’s a stereotype that in government it can be hard to discipline or fire workers who are not competent at their jobs. The flip side of that stereotype is, however, false: Private businesses are not better at holding poor performers accountable. Survey evidence shows the private sector has just as much difficulty as the government with getting workers to perform effectively.

There’s room for legitimate disagreement about how far federal employees have to go to comply with presidential directives. The people who think loyalty is the key to merit still might not agree on whether that loyalty is owed to the person sitting in the Oval Office or to the Constitution.

A group of people stand outside holding signs.
Protests against the Trump administration have been widespread, including against its policies aimed at federal workers.
AP Photo/Sejal Govindarao

How does this affect government workers?

It’s not clear which positions might be targeted. The order calls them “policy influencing positions,” but drawing the line between policy and administration isn’t always easy.

It’s also not clear whether the change will stick. When the George W. Bush administration reduced job protections for Department of Homeland Security employees in 2005, a major federal workers’ union sued the administration and won.

In the first round of this effort under the first Trump administration, it seemed that most of the people affected would be at the top of the federal hierarchy, probably mostly based in Washington, D.C.

Most of the workers in the federal civil service, though, are not there. They work for the Social Security Administration, giving out checks in Bloomington, Indiana, or other departments and offices around the country. It would be very difficult to classify them as influencing political policy or advocating for policies.

But there are people who are not Senate-confirmed who do have an influence on policy. For instance, at the Department of Justice, assistant and deputy assistant secretaries have influence on civil rights policy or other policies that affect the president’s ability to pursue his agenda. The February 2025 resignation of Danielle Sassoon from her role as U.S. attorney in New York is an example of legitimate divergence between an appointee and the president’s policy direction.

Any workers who lost their protections would likely feel threatened with losing their job and their livelihood. They might, out of fear, be more responsive to the dictates of their superiors.

That might sound good – that if you do what your boss says, you’re doing a good job. But it’s different if your obligations are to the public interest and the Constitution.

How does this affect everyday Americans?

Large majorities of Americans believe government workers are serving the public over themselves. And as many as 87% of Americans say they want a merit-based, politically neutral civil service.

The U.S. has attracted to government service workers who are good at their jobs and able to remain politically neutral at work. Saying that’s no longer important would change the relationship between government workers and their jobs. And it would hurt the nation as a whole if government cannot attract the best and the brightest, or if it sends the best and the brightest packing because they are not comfortable with their work situation, or if they stay but their performance declines.The Conversation

James L. Perry, Professor of Public and Environmental Affairs Emeritus, Indiana University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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