Connect with us

Business

An Algorithm Told Police She Was Safe. Then Her Husband Killed Her.

Published

on

An Algorithm Told Police She Was Safe. Then Her Husband Killed Her.

In a small apartment outside Madrid on Jan. 11, 2022, an argument over household chores turned violent when Lobna Hemid’s husband smashed a wooden shoe rack and used one of the broken pieces to beat her. Her screams were heard by neighbors. Their four children, ages 6 to 12, were also home.

Ms. Hemid’s husband of more than a decade, Bouthaer el Banaisati, regularly punched and kicked her, she later told the police. He also called her a “whore,” “disgusting” and “worthless,” according to the police report.

Before Ms. Hemid left the station that night, the police had to determine if she was in danger of being attacked again and needed support. A police officer clicked through 35 yes or no questions — Was a weapon used? Were there economic problems? Has the aggressor shown controlling behaviors?to feed into an algorithm called VioGén that would help generate an answer.

VioGén produced a score:

low risk Lobna Hemid

Advertisement

2022 Madrid

The police accepted the software’s judgment and Ms. Hemid went home with no further protection. Mr. el Banaisati, who was imprisoned that night, was released the next day. Seven weeks later, he fatally stabbed Ms. Hemid several times in the chest and abdomen before killing himself. She was 32 years old.

A photo of Lobna Hemid on the phone of a friend. She was killed by her husband in 2022.

Ana Maria Arevalo Gosen for The New York Times

Advertisement

Spain has become dependent on an algorithm to combat gender violence, with the software so woven into law enforcement that it is hard to know where its recommendations end and human decision-making begins. At its best, the system has helped police protect vulnerable women and, overall, has reduced the number of repeat attacks in domestic violence cases. But the reliance on VioGén has also resulted in victims, whose risk levels are miscalculated, getting attacked again — sometimes leading to fatal consequences.

Spain now has 92,000 active cases of gender violence victims who were evaluated by VioGén, with most of them — 83 percent — classified as facing little risk of being hurt by their abuser again. Yet roughly 8 percent of women who the algorithm found to be at negligible risk and 14 percent at low risk have reported being harmed again, according to Spain’s Interior Ministry, which oversees the system.

At least 247 women have also been killed by their current or former partner since 2007 after being assessed by VioGén, according to government figures. While that is a tiny fraction of gender violence cases, it points to the algorithm’s flaws. The New York Times found that in a judicial review of 98 of those homicides, 55 of the slain women were scored by VioGén as negligible or low risk for repeat abuse.

How the Risk Levels of 98 Women Were Classified

Extreme

Advertisement

High

Medium

Low

Negligible

Advertisement

Source: Spanish General Council of the Judiciary Note: Data from 2010 to 2022. Data from 2016 to 2018 is unavailable. By Alice Fang

Spanish police are trained to overrule VioGén’s recommendations depending on the evidence, but accept the risk scores about 95 percent of the time, officials said. Judges can also use the results when considering requests for restraining orders and other protective measures.

“Women are falling through the cracks,” said Susana Pavlou, director of the Mediterranean Institute of Gender Studies, who coauthored a European Union report about VioGén and other police efforts to fight violence against women. The algorithm “kind of absolves the police of any responsibility of assessing the situation and what the victim may need.”

Spain exemplifies how governments are turning to algorithms to make societal decisions, a global trend that is expected to grow with the rise of artificial intelligence. In the United States, algorithms help determine prison sentences, set police patrols and identify children at risk of abuse. In the Netherlands and Britain, authorities have experimented with algorithms to predict who may become criminals and to identify people who may be committing welfare fraud.

Few of the programs have such life or death consequences as VioGén. But victims interviewed by The Times rarely knew about the role the algorithm played in their cases. The government also has not released comprehensive data about the system’s effectiveness and has refused to make the algorithm available for outside audit.

Advertisement

VioGén was created to be an unbiased tool to aid police with limited resources identify and protect women most at risk of being assaulted again. The technology was meant to create efficiencies by helping police prioritize the most urgent cases, while focusing less on those calculated by the algorithm as lower risk. Victims classified as higher risk get more protection, including regular patrols by their home, access to a shelter and police monitoring of their abuser’s movements. Those with lower scores get less support.

In a statement, the Interior Ministry defended VioGén and said the government was the “first to carry out self-criticism” when mistakes occur. It said homicide was so rare that it was difficult to accurately predict, but added it was an “incontestable fact” that VioGén has helped reduce violence against women.

Since 2007, about 0.03 percent of Spain’s 814,000 reported victims of gender violence have been killed after being assessed by VioGén, the ministry said. During that time, repeat attacks have fallen to roughly 15 percent of all gender violence cases from 40 percent, according to government figures.

“If it weren’t for this, we would have more homicides and gender-based violence,” said Juan José López Ossorio, a psychologist who helped create VioGén and works for the Interior Ministry.

Juan José López Ossorio, a government official who helped create the VioGén system.

Advertisement

Ana Maria Arevalo Gosen for The New York Times

Yet victims and their families are grappling with the consequences when VioGén gets it wrong.

“Technology is fine, but sometimes it’s not and then it’s fatal,” said Jesús Melguizo, Ms. Hemid’s brother-in-law, who is a guardian for two of her children. “The computer has no heart.”

‘Effective but not perfect’

Advertisement

VioGén started with a question: Can police predict an assault before it happens?

After Spain passed a law in 2004 to address violence against women, the government assembled experts in statistics, psychology and other fields to find an answer. Their goal was to create a statistical model to identify women most at risk of abuse and to outline a standardized response to protect them.

Some initial designs and research strategies for what became VioGén, including a decision tree and calibration techniques for predicting intimate partner homicides.

Ana Maria Arevalo Gosen for The New York Times

Advertisement

“It would be a new guide for risk assessment in gender violence,” said Antonio Pueyo, a psychology professor at the University of Barcelona who later joined the effort.

The team took a similar approach to how insurance companies and banks predict the likelihood of future events, such as house fires or currency swings. They studied national crime statistics, police records and the work of researchers in Britain and Canada to find indicators that appeared to correlate with gender violence. Substance abuse, job loss and economic uncertainty were high on the list.

Then they came up with a questionnaire for victims so their answers could be compared with historical data. Police would fill in the answers after interviewing a victim, reviewing documentary evidence, speaking with witnesses and studying other information from government agencies. Answers to certain questions carried more weight than others, like if an abuser displayed suicidal tendencies or showed signs of jealousy.

These are some of the questions answered by women

6. In the last six months, has there been an escalation of aggression or threats?

YesNoN/A

Advertisement

26. Has the aggressor demonstrated addictive behaviors or substance abuse?

YesNoN/A

34. In the last six months, has the victim expressed to the aggressor her intention to sever their relationship?

Advertisement

YesNoN/A

The system produced a score for each victim: negligible risk, low risk, medium risk, high risk or extreme risk. A higher score would result in police patrols and the tracking of an aggressor’s movements. In extreme cases, police would assign 24-hour surveillance. Those with lower scores would receive fewer resources, mainly follow-up calls.

Predictive algorithms to address domestic violence have been used in parts of Britain, Canada, Germany and the United States, but not on such a national scale. In Spain, the Interior Ministry introduced VioGén everywhere but in the Catalonia region and Basque Country.

Law enforcement initially greeted the algorithm with skepticism, police and government officials told The Times, but it soon became a part of everyday police business.

Advertisement

Before VioGén, investigations were “based on the experience of the policeman,” said Mr. Pueyo, who remains affiliated with the program. “Now this is organized and guided by VioGén.”

VioGén is a source of impartial information, he said. If a woman attacked late at night was seen by a young police officer with little experience, VioGén could help detect the risk of future violence.

“It’s more efficient,” Mr. Pueyo said.

Over the years, VioGén has been refined and updated, including with metrics that are believed to better predict homicide. Police have also been required to conduct a follow-up risk assessment within 90 days of an attack.

But Spain’s faith in the system has surprised some experts. Juanjo Medina, a senior researcher at the University of Seville who has studied VioGén, said the system’s effectiveness remains unclear.

Advertisement

“We’re not good at forecasting the weather, let alone human behavior,” he said.

Francisco Javier Curto, a commander for the military police in Seville, said VioGén helps his teams prioritize, but requires close oversight. About 20 new cases of gender violence arrive every day, each requiring investigation. Providing police protection for every victim would be impossible given staff sizes and budgets.

“The system is effective but not perfect,” he said, adding that VioGén is “the best system that exists in the world right now.”

Francisco Javier Curto, a commander for the military police in Seville who oversees gender violence incidents in the province. VioGén is “the best system that exists in the world right now,” he said.

Ana Maria Arevalo Gosen for The New York Times

Advertisement

José Iniesta, a civil guard in Alicante, a southeastern port city, said not enough of the police are trained to keep up with growing case loads. A leader in the United Association of Civil Guards, a union representing officers in rural areas, he said that outside of big cities, the police often must choose between addressing violence against women or other crimes.

Sindicato Unificado de Policía, a union that represents national police officers, said even the most effective technology cannot make up for a lack of trained experts. In some places, a police officer is assigned to work with more than 100 victims.

“Agents in many provinces are overwhelmed,” the union said in a statement.

When attacks happen again

Advertisement

The women who have been killed after being assessed by VioGén can be found across Spain.

One was Stefany González Escarraman, a 26-year-old living near Seville. In 2016, she went to the police after her husband punched her in the face and choked her. He threw objects at her, including a kitchen ladle that hit their 3-year-old child. After police interviewed Ms. Escarraman for about five hours, VioGén determined she had a negligible risk of being abused again.

negligible risk Stefany González Escarraman

2016 Seville

Advertisement

The next day, Ms. Escarraman, who had a swollen black eye, went to court for a restraining order against her husband. Judges can serve as a check on the VioGén system, with the ability to intervene in cases and provide protective measures. In Ms. Escarraman’s case, the judge denied a restraining order, citing VioGén’s risk score and her husband’s lack of criminal history.

Stefany González Escarraman, who was killed in 2016 by her husband. VioGén had scored her as negligible risk.

About a month later, Ms. Escarraman was stabbed by her husband multiple times in the heart in front of their children. In 2020, her family won a verdict against the state for failing to adequately measure the level of risk and provide sufficient protection.

“If she had been given the help, maybe she would be alive,” said Williams Escarraman, Ms. Escarraman’s brother.

Advertisement

In 2021, Eva Jaular, who lived in Liaño in northern Spain, was slain by her former boyfriend after being classified as low risk by VioGén. He also killed their 11-month-old daughter. Six weeks earlier, he had jabbed a knife into a couch cushion next to where Ms. Jaular sat and said, “look how well it sticks,” according to a police report.

low risk Eva Jaular

2021 Liaño

Since 2007, 247 of the 990 women killed in Spain by a current or former partner were previously scored by VioGén, according to the Interior Ministry. The other victims had not been previously reported to the police, so were not in the system. The ministry declined to disclose the VioGén risk scores of the 247 who were killed.

Advertisement

The Times instead analyzed reports from a Spanish judicial agency, released almost every year from 2010 to 2022, which included information about the risk scores of 98 women who were later killed. Of those, 55 had been classified as negligible risk or low risk.

In a statement, the Interior Ministry said that analyzing the risk scores of homicide victims doesn’t provide an accurate picture of VioGén’s effectiveness because some homicides happened more than a year after the first assessment, while others were committed by a different partner.

Why the algorithm incorrectly classifies some women varies and isn’t always clear, but one reason may be the poor quality of information fed into the system. VioGén is ideally suited for cases when a woman, in the moments after being attacked, can provide complete information to an experienced police officer who has time to fully investigate the incident.

That does not always happen. Fear, shame, economic dependency, immigration status and other factors can lead a victim to withhold information. Police are also often squeezed for time and may not fully investigate.

Elisabeth, a lawyer, is a survivor of gender violence who now advocates for other victims who face institutional mistreatment in Spain.

Advertisement

Ana María Arévalo Gosen for The New York Times

“If we already enter erroneous information into the system, how can we expect the system to give us a good result?” said Elisabeth, a victim who now works as a gender violence lawyer. She spoke on the condition her full name not be used, for fear of retaliation by her former partner.

Luz, a woman from a village in southern Spain, said she was repeatedly labeled low risk after attacks by her partner because she was afraid and ashamed to provide complete information to the police, some of whom she knew personally. She got her risk score increased to extreme only after working with a lawyer specializing in gender violence cases, leading to round-the-clock police protection.

extreme risk Luz

Advertisement

2019 Southern Spain

“We women keep a lot of things silent not because we want to lie but out of fear,” said Luz, who spoke on the condition her full name not be used for fear of retaliation by her attacker, who was imprisoned. “VioGén would be good if there were qualified people who had all the necessary tools to carry it out.”

Luz, with her son, said she was labeled lower risk because she was afraid and ashamed to provide complete information about her partner’s abuse to police.

Ana María Arévalo Gosen for The New York Times

Advertisement

Victim groups said that psychologists or other trained specialists should lead the questioning of victims rather than the police. Some have urged the government to mandate that victims be allowed to be accompanied by somebody they trust to help ensure full information is given to authorities, something that is now not allowed in all areas.

“It’s not easy to report a person you’ve loved,” said María, a victim from Granada in southern Spain, who was labeled medium risk after her partner attacked her with a dumbbell. She asked that her full name not be published for fear of retaliation by him.

medium risk María

2023 Granada

Advertisement

Ujué Agudo, a Spanish researcher studying the influence of artificial intelligence on human decisions, said technology has a role in solving societal problems. But it could reduce the responsibility of humans to approving the work of a machine, rather than conducting the necessary work themselves.

“If the system succeeds, it’s a success of the system. If the system fails, it’s a human error that they aren’t monitoring properly,” said Ms. Agudo, a co-director of Bikolabs, a Spanish civil society group. A better approach, she said, was for people “to say what their decision is before seeing what the A.I. thinks.”

Spanish officials are exploring incorporating A.I. into VioGén so it can pull data from different sources and learn more on its own. Mr. Ossorio, a creator of VioGén who works for the Interior Ministry, said the tools can be applied to other areas, including workplace harassment and hate crimes.

The systems will never be perfect, he said, but neither is human judgment. “Whatever we do, we always fail,” he said. “It’s unsolvable problems.”

Advertisement

This month, the Spanish government called an emergency meeting after three women were killed by former partners within a 24-hour span. One victim, a 30-year-old from central Spain, had been classified by VioGén as low risk.

At a news conference, Fernando Grande-Marlaska, the interior minister, said he still had “absolute confidence” in the system.

‘Always cheerful’

A memorial of roses and eucalyptus adorns a lamppost at the entrance to the street where Ms. Hemid lived.

Ana Maria Arevalo Gosen for The New York Times

Advertisement

Ms. Hemid, who was killed outside Madrid in 2022, was born in rural Morocco. She was 14 when she was introduced at a family wedding to Mr. el Banaisati, who was 10 years older than her. She was 17 when they married. They later moved to Spain so he could pursue steadier work.

Ms. Hemid was outgoing and gregarious, often seen racing to get her children to school on time, friends said. She learned to speak Spanish and sometimes joined children playing soccer in the park.

“She was always cheerful,” said Amelia Franas, a friend whose children went to the same school as Ms. Hemid’s children.

Few knew that abuse was a fixture of Ms. Hemid’s marriage. She spoke little about her home life, friends said, and never called the police or reported Mr. el Banaisati before the January 2022 incident.

Advertisement

VioGén is intended to identify danger signs that humans may overlook, but in Ms. Hemid’s case, it appears that police missed some clues. Her neighbors told The Times they were not interviewed, nor were administrators at her children’s school, who said they had seen signs of trouble.

Family members said Mr. el Banaisati had a life-threatening form of cancer that made him behave erratically. Many blamed underlying discrimination in Spain’s criminal system that overlooks violence against immigrant women, especially Muslims.

Police haven’t released a copy of the assessment that produced Ms. Hemid’s low risk score from VioGén. A copy of a separate police report shared with The Times noted that Ms. Hemid was tired during questioning and wanted to end the interview to get home.

A few days after the January 2022 attack, Ms. Hemid won a restraining order against her husband. But Mr. el Banaisati largely ignored the order, family and friends said. He moved into an apartment less than 500 meters from where Ms. Hemid lived and continued threatening her.

Mr. Melguizo, her brother-in-law, said he appealed to Ms. Hemid’s assigned public lawyer for help, but was told the police “won’t do anything, it has a low risk score.”

Advertisement

The day after Ms. Hemid was stabbed to death, she had a court date scheduled to officially file for divorce.

Business

Commentary: Republicans don’t have a healthcare plan, just a plan to kill Obamacare

Published

on

Commentary: Republicans don’t have a healthcare plan, just a plan to kill Obamacare

For millions of Americans, Jan. 1 won’t be an occasion to celebrate the coming of the new year. It will be an occasion for dread.

The reason is the impending termination of crucial premium subsidies for Affordable Care Act health plans. Without a last-minute agreement between congressional Democrats and Republicans, the subsidy structure that has been in place since 2021 will revert to the original arrangement written into the act in 2010.

Millions of Americans dependent on the ACA will face potentially ruinous increases in coverage costs. Many will have to drop their coverage. That process will leave those with the most urgent and costly treatments in the ACA, and those who think they can get away with dropping insurance — or simply can’t afford it — on the outs. The result will be a sicker coverage cohort, which will raise prices for everybody.

I want to see the billions of dollars go to the people, not to the insurance companies and I want to see the people to go out and buy themselves great healthcare.

— An empty promise from President Trump

Advertisement

The current stalemate is the offspring of the GOP’s 15-year campaign to undermine — really, to kill — Obamacare.

Republicans have dressed up their attack on the ACA with reams of empty rhetoric. They habitually call the ACA a “disaster,” without offering a cogent explanation of why.

Plainly, they see Obamacare as a nice, juicy partisan target, but they’re not reading the room. The ACA’s popularity has steadily increased since mid-2016; in KFF’s most recent tracking poll, taken in September, favorable opinion swamped unfavorable opinion 64% to 35%.

Americans have voted for the ACA with their feet. Since 2018, enrollment in Obamacare plans has more than doubled, from 11.4 million to 24.3 million this year, with a notable enrollment increase starting in 2021, when the premium subsidy structure was improved. That’s the change due to expire on Dec. 31 (Republicans, please note). The enrollment figure doesn’t include the 16.7 million Americans enrolled in Medicaid under ACA expansion rules — a provision still rejected by benighted political leaders in 10 red states.

Advertisement

They blame the ACA for higher healthcare costs. A few things about this: Yes, healthcare costs have continued to rise since its enactment. But they’ve risen at a much slower rate than before. Out-of-pocket per capita healthcare spending rose at a rate of 3.4% a year from 2000 to 2018, often exceeding the general inflation rate, but by only 1.9% a year since then.

That increase isn’t driven by the ACA. It’s the result of several factors, including the general aging of the U.S. population and a sharp increase in pharmaceutical costs, due in part to the advent of high-priced specialty prescription drugs.

The GOP has amended its attack on the ACA in recent months, as the clamor to extend the premium subsidies has intensified. Republicans are now decrying the ACA as a haven for fraud — “a broken system fueled by fraud,” says House Speaker Mike Johnson (R-La.). Johnson drew his conclusion from a report by the Government Accountability Office published earlier this month.

Johnson may have been hoping that no one would actually go and read that report. I did so, only to find that it doesn’t say what he claims it did. The GAO tested ACA enrollment controls on the federal marketplace — did enrollees accurately estimate their income and submit accurate Social Security numbers? Its test involved submitting applications from 20 fictitious individuals, of whom 18 were approved.

Is this an adequate sample? The GAO itself says it isn’t. The results, it says, “cannot be generalized to the overall enrollment population.” In some test cases, the applications included false Social Security numbers, which are used to verify income claims. But the GAO says that in the real world, absence of verified Social Security numbers “does not necessarily represent overpayments.”

Advertisement

Are these findings cause for concern? Sure, even though the GAO provided no findings about how widespread these flaws may be. In any case, there’s no evidence here that “the ACA marketplace is a magnet for fraud,” as Johnson called it, suggesting that thousands or millions of applicants are lined up for some healthcare gravy train. And it’s certainly no reason to kill the subsidies.

The other linchpin of the GOP attack on the Affordable Care Act is heavy breathing over how the ACA premium subsidies are paid directly to insurance carriers, rather than as cash to households. This idea trickles down from President Trump but has been embraced by Republicans in Congress. So it deserves a very close look.

Here’s Trump last week: “I want to see the billions of dollars go to the people, not to the insurance companies and I want to see the people to go out and buy themselves great healthcare. Much better healthcare at very little cost.” This has been an enduring promise from Trump, who never bothers to explain how the nirvana of great healthcare at little cost can be achieved.

Here’s Sen. Bill Cassidy (R-La.), a physician who cast the final vote to confirm Robert F. Kennedy Jr. as Health and Human Services Secretary, a vote that has left him humiliated over and over by Kennedy: “Republicans absolutely want to help the American people with the affordability of their out-of-pocket [spending]. We want to put money in their pocket to pay the out-of-pocket.”

Before delving deeper into this issue, a few words about the existing ACA premium subsidies.

Advertisement

The original ACA subsidies capped premiums on a sliding scale ranging from 2.07% of income for those earning 138% of the federal poverty line to 9.83% of income for those at 400% of the poverty line. This year, 138% of the poverty level for a family of four is $44,367, and 400% is $128,600.

The ACA’s architects knew these subsidies were inadequate. Especially troubling was the sharp cutoff of any subsidies for families earning even a dime more than 400% of the poverty level. This became known as the “subsidy cliff.” But it was an artifact of political compromise; the expectation was that Congress would get around to fixing the cheeseparing subsidy schedule at a later date.

In the pandemic-driven American Rescue Plan Act of 2021, Congress refashioned the subsidies so families with incomes up to 150% of the poverty level ($56,475 for a family of four this year) could find decent Obamacare plans for free. For those above that level and up to 400%, the subsidies were significantly increased. That’s the change set to expire Dec. 31.

It’s true that eligibility for these subsidies is technically unlimited, but the conservative trope that they benefit “millionaires” is nonsense. As I reported earlier this year, the new structure means technically that someone earning $1 million a year would have to pay no more than $85,000 per person for an ACA plan.

Is this a handout? ACA expert Charles Gaba tested the claim by hunting for a benchmark Silver ACA plan, on which the subsidies are based, costing that much anywhere in the U.S. The highest-cost plans he found anywhere are in four counties of West Virginia, where a Silver plan for a 64-year-old couple tops out at $63,100 a year — in a state with the highest ACA premiums in the nation.

Advertisement

Cassidy’s proposal is essentially to replace the existing subsidy enhancements with health savings accounts, which must be paired with high-deductible health plans, and to seed them with $1,000 a year per adult ages 18 to 49 and $1,500 for those 50 and up. Households with income up to 700% of the federal poverty level would be eligible — that’s about $225,000 for a family of four.

Let’s start with the plain arithmetic of this proposal. The accounts must be paired with a bronze-level ACA plan. Those plans cover only about 60% of average healthcare costs. Deductibles are high — at Covered California, the state’s ACA marketplace, the bronze plan deductible is $5,800 per person and $11,600 for a family. Out-of-pocket maximums are also high — $10,600 per individual and $21,200 for a family.

So right from the outset, the Cassidy proposal would leave families facing serious medical expenses out in the cold.

The HSA idea is part of a GOP argument that giving families cash to spend on healthcare gives them “skin in the game” — that by forking over dollars, they’ll be more sensitive to the cost of medical care and therefore seek out or negotiate lower prices.

Two of the argument’s leading academic promoters, Liran Einav of Stanford and Amy Finkelstein of MIT, wrote in a 2023 book lauding deductibles and co-pays that “patients must pay something for their care, otherwise they’ll rush to the doctor every time they sneeze.” More recently, as the facts have come in, they’ve said: “We take it back.”

Advertisement

The truth is that there’s no evidence that higher financial obstacles to healthcare produce better outcomes. They do discourage unnecessary treatments, as a seminal Rand Corp. study found in 1981. But they also discourage necessary treatments.

The idea that deductibles and co-pays will prompt the average person to seek out low-cost providers is a fantasy. People typically seek out medical care in an atmosphere of urgency. They don’t take the time to compare prices as if they’re buying a car; they go to the doctor and follow his or her instructions, including prescribed procedures and diagnostic tests. (Sometimes they do price shop, but generally for treatments that can be deferred and are medically routine and elective — one study showing cost savings from price shopping focused on hip and knee replacements, for instance).

As for the claims of Trump and other Republicans that Americans, armed with cash in their pocket, can use it to negotiate medical care — who has the time, energy or bargaining skill to do that?

In any case, the HSA is mischaracterized as a healthcare provision. It’s not; it’s a tax break in disguise, useful for higher-income taxpayers who can afford to cover the high deductibles themselves while pocketing a tax deduction. It’s especially appealing for those who are in good health and expect to stay so — they proceed on the assumption that they probably won’t have a serious (and expensive) medical issue.

U.S. healthcare costs per capita have continued to rise since the enactment of the Affordable Care Act, but at a much lower rate than before.

Advertisement

(JAMA)

The bottom line is that the Republican Party is out of healthcare ideas. They’ve had 15 years to conjure up a better program than the Affordable Care Act, and have nothing to show us except proposals that won’t work for the average family. They’re up against a wall of their own making, and are pretending that they have something better. They don’t, and you and I will be paying the price of their failure.

Advertisement
Continue Reading

Business

Port of Los Angeles records bustling 2025 but expects trade to fall off next year

Published

on

Port of Los Angeles records bustling 2025 but expects trade to fall off next year

The Port of Los Angeles expects it will move than 10 million container units for the second year in a row despite President Trump’s tariffs — but that number is likely to drop off in 2026 as the fallout of the administration’s trade war persists.

This year’s volume will reflect a decision by importers to get ahead of the tariffs before the duties took effect — with trade later slowing, according to the monthly report by the nation’s largest container port.

“In a word, 2025 was a roller coaster,” port Executive Director Gene Seroka said during the webcast.

In November, there was a 12% decrease in volume with about 782,000 TEUs, or 20-foot equivalent container units, processed by the port. The decrease was driven by an 11% fall in year-over-year import volume.

Advertisement

“Much of that difference is tied to last year’s rush to build inventories and now with some warehouse levels still elevated, importers are pacing their orders a bit more carefully,” Seroka said.

Still, by the end of November, the port had moved almost 9.5 million container units, 1% more than last year, leading to the expectation that volume will top 10 million for the year.

The port moved 10.3 million container units last year and set a record in 2021 when it moved 10.7 million container units.

However, exports — cargo shipments from the port — fell for the seventh time in 11 months in November, sliding 8%, which will lead to the first annual decline since 2021. Seroka blamed the drop on the response to the tariffs.

“We’re also seeing the effects of retaliatory tariffs and third country trade deals on U.S. ag and manufacturing exports,” Seroka said. “This is a headwind we may face for some time to come.”

Advertisement

The port director said he expects that imports will decline in the “single digits” next year because of continued high inventory levels, but he doesn’t anticipate a drastic downturn in overall trade.

“I don’t see the port volume falling off a cliff, and it’s a pretty good leading indicator to the U.S. economy that we should take stock in,” said Seroka, who added that there is much economic uncertainty entering next year.

The question of where the economy is headed was highlighted Tuesday by the latest jobs figures, which were delayed by the government shutdown.

They showed the economy lost 105,00 jobs in October as federal workers departed after the Trump administration cuts but gained 64,000 jobs in November.

The November job gains came in higher than the 40,000 that economists had forecast, but the unemployment rate still rose to 4.6%, the highest since 2021.

Advertisement

Constance Hunter, chief economist at the Economist Intelligence Unit, who provided a 2026 U.S. national economic forecast for the port on Tuesday, said the jobs figures offer mixed signals.

The job gains were driven by the health and human services sector, reflecting a narrowing of where job growth is occurring. At the same time, more types of companies are adding jobs rather than subtracting them.

Hunter forecast that the economy will grow in the first half of the year, as consumers receive tax cuts called for in Trump’s “One Big Beautiful Bill Act” tax-and-spending measure. However, tariffs will weigh down the economy later.

One key issue driving uncertainty, she said, is whether the U.S. Supreme Court will uphold the tariffs Trump imposed under the International Emergency Economic Powers Act.

The Trump administration announced Tuesday that the government had collected more than $200 billion in tariff revenue this year. Trump has talked about sending out $2,000 rebate checks to consumers with some of the funds.

Advertisement

However, a Supreme Court loss would force the government to return, by various estimates, $80 billion or more of the money to importers, putting a crimp in the president’s plans for economic stimulus.

Other factors driving uncertainty, Hunter said, are the Ukraine-Russia war, U.S.-China tensions over Taiwan and the “durability of peace in the Middle East.”

“All of these things are going to conspire to keep what we call the uncertainty index elevated,” she said.

Advertisement
Continue Reading

Business

Commentary: Serious backlash to a Netflix/Warner Bros deal may come from European regulators

Published

on

Commentary: Serious backlash to a Netflix/Warner Bros deal may come from European regulators

If you’re looking for where the most crucial governmental backlash to a merger deal involving Warner Bros. Discovery, you might want to turn your attention east — to Europe, where regulators are girding to take an early look at any such deal.

Both of the leading bidders — Netflix, which has the blessing of the WBD board, and Paramount, which launched a hostile takeover bid — could face obstacles from the European Union. EU officials have spoken only vaguely about their role in judging whatever deal emerges, since the outcome of the tussle remains in doubt.

The European Commission “could enter to assess” the outcome in the future, Teresa Ribera, the EU’s top antitrust official, said last week at a conference in Brussels, but she didn’t go beyond that. Pressure is mounting within Europe for close scrutiny of any deal.

A deal with Netflix as the buyer likely will never close, due to antitrust and regulatory challenges in the United States and in most jurisdictions abroad.

— Paramount makes its appeal to the Warner board

Advertisement

As early as May, UNIC, the trade organization of European cinemas, expressed opposition to a Netflix deal. The exhibitors’ concern is Netflix’s disdain for theatrical distribution of its content compared to streaming.

“Netflix has time and again made it clear that it doesn’t believe in cinemas and their business model,” UNIC stated. “Netflix has released only a handful of titles in cinemas, usually to chase awards, and only for a very short period, denying cinema operators a fair window of exclusivity.”

Neither WBD nor Netflix has commented on the prospect of EU oversight of their deal. Paramount, however, has made it a key point in its appeals to the WBD board and shareholders.

In both overtures, Paramount made much of the size and potential anti-competitive nature of Netflix’s acquisition of WBD. In a Dec. 1 letter sent via WBD’s lawyers, Paramount asserted that the Netflix deal “likely will never close due to antitrust and regulatory challenges in the United States and in most jurisdictions abroad. … Regulators around the world will rightfully scrutinize the loss of competition to the dominant Netflix streamer.”

Advertisement

Netflix’s dominance of the streaming market is even greater in Europe than in the U.S., Paramount said, citing a Standard & Poor’s estimate that Netflix holds a 51% share of European streaming revenue. That figure swamps the second-place service, Disney, with only a 10% share. Paramount made essentially the same points in its Dec. 10 letter to WBD shareholders, launching its hostile takeover attempt at Warner.

European business regulators have been rather more determined in scrutinizing big merger deals — and about the behavior of major corporate “platforms” such as Google and X.com — than U.S. agencies, especially under Republican administrations. One reason may be the role of federal judges in overseeing antitrust enforcement by the Federal Trade Commission.

“Despite the European Commission (EC) successfully doling out fines numbering in the billions of euros for giants like Apple and Google for distorting competition, the FTC has struggled significantly in court, losing virtually all its merger challenges in 2023,” a survey from Columbia Law School observed last year.

The survey pointed to differing legal standards motivating antitrust oversight: “American courts have placed undue weight on preventing consumer harm rather than safeguarding competition; by contrast, the EU has remained centered on establishing clear standards for competitive fairness.”

In September, for example, the European Commission fined Google nearly $3.5 billion for favoring its own online advertising display services over competing providers. (Google has said it will appeal.) The action was the fourth multi-billion-dollar fine imposed on Google by the EC since 2017; Google won one appeal and lost another; an appeal of the third is pending.

Advertisement

As an ostensibly independent administrative entity, the EC at least theoretically comes under less political pressure from the 27 individual members of the European Union than the FTC and Department of Justice face from U.S. political leaders.

President Trump has made no secret of his doubts about the Netflix-WBD deal. As I reported last week, Trump has said that Netflix’s deal “could be a problem,” citing the companies’ combined share of the streaming market. Trump said he “would be involved” in his administration’s decision whether to approve any deal.

That feels like a Trumpian thumb on the scale favoring Paramount. The Ellison family is personally and politically aligned with Trump, and among those contributing financing to the bid is the sovereign wealth fund of Saudi Arabia, a country that has recently received lavish praise from Trump. Another backer is Affinity Partners, a private equity fund led by Jared Kushner, Trump’s son-in-law.

The most important question about European oversight of the quest for WBD is what the regulators might do about it. The European Commission tends to be reluctant to block deals outright. The last time the EC blocked a deal was in 2023, when it prohibited a merger between the online travel agencies Booking.com and eTraveli. The EC ruling is under appeal.

At least two proposed mega-mergers were withdrawn in 2024 while they were under the EC’s penetrating “Phase II” scrutiny: the acquisition of robot vacuum cleaner maker iRobot by Amazon, and the merger of two Spanish airlines, IAG and Air Europa.

Advertisement

Typically, the EC addresses potentially anticompetitive mergers by requiring the divestment of overlapping businesses. In the case of Netflix and WBD, the likely divestment target would be HBO Max, which competes directly with Netflix in entertainment streaming. Paramount’s streaming service, Paramount+, also competes with HBO Max but not on the same scale as Netflix.

Antitrust rules aren’t the only possible pitfall for Netflix and Paramount. Others are the EU’s Digital Services Act and Digital Markets Act, which went into effect in 2022. The latter applies mostly to social media platforms—the six companies initially deemed to fall within its jurisdiction were Alphabet (the parent of Google), Amazon, Apple, ByteDance (the parent of TikTok), Meta and Microsoft. Those “gatekeepers” can’t favor their own services over those of competitors and have to open their own ecosystems to competitors for the good of users.

The Digital Services Act imposes rules of transparency and content moderation on large digital services. No platforms owned by Netflix, Paramount or WBD are on the roster of 19 originally named by the EU as falling under the law’s jurisdiction, but its regulations could constrain efforts by a merged company to move into social media.

The EU also has begun to show greater concern about foreign investments in strategic assets. Traditionally, these assets are those connected with national security. But defining them is left up to member countries. As my colleague Meg James reported, the sovereign funds of Saudi Arabia, Abu Dhabi and Qatar have agreed to back the Ellisons’ WBD bid with $24 billion — twice the sum the Ellison family has said it would contribute.

The Gulf states’ role has already raised political issues in the U.S., since the cable news channel CNN would be part of the sale to Paramount (though not to Netflix). Paramount says those investors, along with a firm associated with Kushner, have agreed to “forgo any governance rights — including board representation.”

Advertisement

That pledge aims to keep the deal out of the jurisdiction of the U.S. government’s Committee on Foreign Investment in the United States, or CFIUS, which must clear foreign investments in U.S. companies. But whether it would satisfy any European countries that choose to see Warner Bros. Discovery as a strategically important entity is unknown.

Then there’s Trump’s apparent favoring of the Paramount bid. Trump is majestically unpopular among European political leaders, who resent his pro-Russian bias in efforts to end Russia’s invasion of Ukraine. Trump has castigated European leaders as “weak” stewards of their “decaying” countries.

The administration’s recently published National Security Strategy white paper advocated “cultivating resistance to Europe’s current trajectory” and extolled “the growing influence of patriotic European parties,” which many European leaders interpreted as support for antidemocratic movements.

The document “effectively declares war on European politics, Europe’s political leaders, and the European Union,” in the judgment of the bipartisan Center for Strategic and International Studies.

How all these forces will play out as the bidding war for WBD moves toward its conclusion is imponderable just now. What’s likely is that the rumbling won’t stop at the U.S. border.

Advertisement
Continue Reading

Trending