Now They Tell Us: Bankruptcy Meme Turns Out to Be Rubbish
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A decade ago then-professor Elizabeth Warren and her co-authors released a study on the causes of bankruptcy--just a few weeks before the U.S. Senate was scheduled to take up bankruptcy reform legislation. The subject of an enormous publicity campaign, the study made headlines--like “Medical Bills Blamed in Half of Bankruptcies” and “Medical Bills Cause About Half of Bankruptcies, Study Finds”--all over the country. The article has been highly influential in policymaking circles. Who knows whether Obamacare would have been enacted without this meme to support it?
Your humble author pointed out at the time that, despite the authors’ statements to the press, the actual study purported to be about medically-caused bankruptcies not bankruptcies caused by medical bills. Illness sometimes causes people to lose their jobs and hence their income, which can lead to bankruptcy. Obamacare doesn’t change that.
But more important, as I also pointed out in that article, the Warren study grossly inflated the number of bankruptcies having a “medical cause.” It did so by including all cases of “uncontrolled gambling,” “alcohol or drug addiction,” and “birth/addition of a new family member” and by including cases where relatively modest medical bills acted in combination with other debts.
Now comes the Washington Post’s concession in Study: Medical Bankruptcies May Not Be As Common As Thought that the Warren study may have been inaccurate. A new study cited in the article finds that hospitalizations cause “about 4%“ of bankruptcies among the non-elderly adults. That’s hugely different.
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.