Category Archives: Health and Medicine

More Bad Law Ethics: Integrity Test Coming For The Judiciary On Obamacare

"Dear Courts: We intend this mess to be a big, perfect, beautiful palace. Please let us know when its finished.       Your Friend, Congress"

“Dear Courts: We intend this mess to be a big, perfect, beautiful palace. Please let us know when its finished.
Your Friend, Congress.”

In a recent post, I explained how the incompetent drafting and reckless manner in which the Affordable Care Act was passed has corrupted every branch of the government as well as damaged our system and the public’s faith in it. Affordable Care Act supporters continue to desperately try to excuse, fix, and rationalize this disgracefully bad law. Next up is an integrity test for the judiciary, as the legal argument against the US Court of Appeals for the DC Circuit’s decision in Halbig v. Burwell becomes untenable.

If the two judges on the three judge panel were correct, and it appears they were, then a drafting miscalculation in the ACA has rendered the health care overhaul unworkable, meaning that it can’t be fixed, constitutionally at least, by Executive Orders, waivers, delays or lies, like so much else connected to the legislation. It will have to be addressed the old-fashioned—as in “according to the Constitution”—way, or not fixed at all. Continue reading

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Filed under Character, Ethics Train Wrecks, Government & Politics, Health and Medicine, Incompetent Elected Officials, Journalism & Media, Law & Law Enforcement, Professions

Jonathan Gruber, Bad Law Ethics, The Corruption Of Democracy, And The Affordable Care Act

"Oh what a tangled web we weave..." You know the rest of Sir Walter Scott's famous quote. So why doesn't the Obama Administration?

“Oh what a tangled web we weave…” You know the rest of Sir Walter Scott’s famous quote. So why doesn’t the Obama Administration?

There are important democratic lesson to be learned from the ongoing Obamacare Ethics Train Wreck, and we could discuss them objectively if the beleaguered supporters (enablers? excusers? rationalizers? propagandists?) of the law would just start accepting facts rather than resorting to dishonesty in all of its forms. The law is a mess. The law is a mess because its proponents in Congress passed it without reading it, because the public was deceived and misled in order to pass it, and because Congressional leaders and the President, in addition to not reading  major legislation that have massive consequences to the nation’s population, businesses, and budget, pushed it through without the usual two House scrutiny and amendment process.

Fixing the mess, or trying to fix it, has caused as many problems as the misbegotten law itself. (Please note that I am not discussing the intentions of the law, or what good things it might accomplish for Americans show needed help getting health insurance. That is beside the point. Good intentions don’t make a good law, or a bad law good. Look at the chaos at the border generated by the 2008 anti-human trafficking law, when it was mixed with irresponsible Democratic rhetoric and administration policies suggesting that illegal immigration restrictions were a thing of the past where children were concerned. Yes: many Americans have benefited from the Affordable Care Act. That fact alone, stated without reference to all the chaos, uncertainty, corruption, division and misrepresentations that accompany it, does not mean the law has been a success.)

The law depended on a penalty for not buying health insurance, a penalty that Democrats insisted was not a tax (so the President didn’t have to defend a large tax increase.) But a penalty for not doing what citizens should be free to do was unconstitutional, so Chief Justice John Roberts, in the spirit of avoiding government by judge, allowed the ACA to slip by in a 5-4 decision by declaring that the mandate was a tax, regardless of what it had been called to get it passed, and thus was constitutional after all.

Then the President began delaying deadlines and waiving provisions in the law that weren’t ready to go into effect or that were obviously going to cause more embarrassments. This was an abuse of power: Presidents can’t change laws by fiat. It established a dangerous precedent that undermines Constitutional democracy and the Separation of Powers. But it’s a bad law, and an unpopular law; the Republican House obviously won’t agree to the fixes needed without also doing a major overhaul, and this is, in the ironic words we keep hearing, most recently by the New York Times, Present Obama’s “most significant legislative achievement“—how sad is that?—and must be preserved at all costs.

At all costs. So far the costs of the ACA have been complete partisan polarization, the public’s realization that the President who pledged “transparency” will lie repeatedly to get his way, judicial rescue or dubious validity, and the defiance of the lawmaking procedures delineated by the Constitution. And the ethics train wreck goes on.

In Halbig v. Burwell, the US Court of Appeals for the DC Circuit ruled that those who purchase health insurance under the Affordable Care Act are only eligible for federal tax credits if they do so through an exchange established by a state.  (Another court ruled otherwise.) The court did this because this is what the miserably drafted, rushed, never-read by its own champions actually says, stating that tax credits are only available to those who purchase insurance in an “[e]xchange established by the State.” Obama-propping pundits, Democratic officials and the Administration’s spokespersons have attacked and indeed ridiculed the decision, saying that he court should have refused to enforce the actual wording of the law because it creates an absurd result. After all, the ACA’s stated goal is to expanding access to health insurance. Why would Congress try to limit it in this fashion—I mean, other than the fact that they had no idea what the law they were voting for actually had in it, just a general idea about what it was supposed to do? Continue reading

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Filed under Ethics Train Wrecks, Government & Politics, Health and Medicine, Incompetent Elected Officials, Journalism & Media, Law & Law Enforcement

The Ray Rice Affair: Defending Stephen Smith (and Blaming the Victims Of Domestic Abuse When They Behave Like Rice’s)

The love birds. Luckily, she can take a punch.

The love birds. Luckily, she can take a punch.

I came close to writing about the latest disturbing turn in the Ray Rice affair—the fact that the Baltimore Ravens star’s ugly domestic abuse, caught on a hotel elevator camera, was recently deemed to warrant only a two game suspension by the NFL. I think this is a fairly accurate representation of how seriously that league and a segment of the professional sports culture take the problem of domestic abuse—wait until you hear all the cheers for Rice in his first day back on the field—but I had already registered my disgust at Rice’s lack of sufficient punishment for this incident. Then ESPN analyst Stephen A. Smith was pilloried by female pundits for daring to suggest that the victims of domestic abuse sometimes share responsibility for what happens to them, and need to take action to prevent further beatings. ESPN colleague Michelle Beadle, noting that she was once in an abusive relationship, erupted in indignation, saying she “would never feel clean again” after taking reading Smith’s comments, and wrote,”I’m thinking about wearing a miniskirt this weekend…I’d hate to think what I’d be asking for by doing so… “Violence isn’t the victim’s issue. It’s the abuser’s. To insinuate otherwise is irresponsible and disgusting. Walk. Away.”

Of course,  other pundits, websites and blogs followed Beadle’s leaddid you know there’s a war on women?—because you just don’t dare get on the wrong side of this kind of issue. The problem is that in the context of the Ray Rice episode, Smith was making a valid point that is made too seldom because of The Beadle Rule, that women who are abused share no responsibility for their fate, and to even suggest otherwise is proof positive of misogyny. That is a politically correct lie, and Smith should not be attacked for telling the truth, albeit inarticulately. Continue reading

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Filed under Gender and Sex, Health and Medicine, Journalism & Media, Law & Law Enforcement, Romance and Relationships, Sports, U.S. Society

PETA’s Unethical Treatment Of Human Beings

"You keep using that word, "ethics." I don't think it means what you think it does."

“You keep using that word, “ethics.” I don’t think it means what you think it does.”

From whence comes PETA’s compulsion to periodically make the organization look as unethical and/or deranged as possible? If I were not charitable by nature, I would say that it was because the leadership of the organization is constitutionally unethical, and nuts. I suspect that the real answer is close to that, but it’s not exactly right. I think that PETA’s concept of ethics begins and ends with “the ends justfy the means,” that they are so besotted with the rights of animals that they dehumanize people, and that arrested juveniles run the organization.

The latest jaw dropper from People for the Ethical Treatment of Animals is to use money to induce poor people in Detroit to comply with PETA’s vision of an ethical lifestyle. From the PETA website:

“With jobs in Detroit disappearing, many residents are struggling. As they’re forced to choose which bills to pay, the Detroit Water and Sewerage Department has chosen for them―shutting off water and leaving many people high and dry. The department put the shutoffs on a temporary hiatus, but people’s water bills are mounting. So with the help of a generous PETA member, we have come up with one small way to assist Detroit residents and save animals, too.Thanks to this donor, PETA will be able to pay off the water bills for 10 families who commit to going vegan for one month. We’ll also help them get started by giving each family a basket of healthy vegan foods and recipes.”

In other word, PETA is exploiting the most vulnerable citizens of the urban wasteland known as Detroit to turn them into human billboards for the group’s utopian vision of an animal-friendly world. Continue reading

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Filed under Childhood and children, Health and Medicine

Ethics Dunce: Radio Talk Show Host Bryan Fischer

To be fair, I guess it's possible that Fischer captured a leprechaun who granted him three wishes, in which case his prescription for ending AIDS isn't crazy after all. So I may owe him an apology...

To be fair, I guess it’s possible that Fischer captured a Leprechaun who granted him three wishes, in which case his prescription for ending AIDS isn’t crazy after all. So I may owe him an apology…

When ideology, including religion, requires one to abandon all connection to reality, unethical positions are sure to follow.  Christian conservative talk show host Bryan Fisher launched an angry rant over what he called President Obama’s promotion of sexual deviancy in his remarks following the downing of MH17 over the Ukraine. Here are the relevant remarks by the President:

“Let me close by making one additional comment. On board Malaysian Airlines Flight MH-17 there were apparently near 100 researchers and advocates traveling to an international conference in Australia dedicated to combating AIDS/HIV. These were men and women who had dedicated their own lives to saving the lives of others, and they were taken from us in a senseless act of violence.

In this world today we shouldn’t forget that in the midst of conflict and killing, there are people like these, people who are focused on what can be built rather than what can be destroyed, people who are focused on how they can help people that they’ve never met, people that define themselves not by what makes them different from other people but by the humanity that we hold in common. It’s important for us to lift them up and to affirm their lives. And it’s time for us to heed their example.

The United States of America is going to continue to stand for the basic principle that people have the right to live as they choose, that nations have the right to determine their own destiny, and that when terrible events like this occur, the international community stands on the side of justice and on the side of truth.”

Now here is Fischer’s reaction: Continue reading

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Filed under Around the World, Citizenship, Ethics Dunces, Gender and Sex, Government & Politics, Health and Medicine, Religion and Philosophy, Research and Scholarship, Rights

Ethics Quiz: Blaming the Messenger

"Hey, I just deliver the boxcar contents to someplace called "Aushwitz." It's not my business what's in them..."

“Hey, I just deliver the boxcar contents to someplace called “Aushwitz.” It’s not my business what’s in them…”

In 2013, the United Parcel Service Inc  agreed to forfeit $40 million in fees that it had received from illegal internet pharmacies shipping bootleg prescription drugs using UPS services, in exchange for a non-prosecution agreement with the U.S. Department of Justice. UPS also agreed to put policies and procedures in place to prevent illegal online pharmacies from distributing drugs through its shipping services in the future. Naturally, the faux pharmacies moved over to FedEx, and when that shipping service refused to cut a similar deal with DOJ under threat of prosecution, the government persuaded a Federal grand jury to indict the company for delivering drugs associated with internet pharmacies, and thus being a willing party to a criminal enterprise.

Now many are cheering FedEx as, in essence, an ethics hero for refusing to knuckle under to the government and accept responsibility where it has none. There are two arguments against the government’s prosecution of FedEx. One is that its natural result would be to require shipping companies to open every parcel and be certain that nothing illegal is inside. The other is that trying to eradicate crime and other misconduct by creating secondary service liability is inherently unjust. By pressuring credit card companies  to refuse payments to companies the government regards as breaking the law, for example, alleged illegal enterprises can be put out of business without the government having to meet its burden of proof to show they really are breaking the law. If the government can intimidate carrying companies into refusing the business of illegal pharmacies, then the illegal pharmacies never have to be prosecuted. There is a third argument, but it is irrelevant: that the government shouldn’t be prosecuting the crime of providing prescription drugs over the internet at all.  This is an entirely different and separate issue: The point is that the shipments are illegal now, and FedEx is facilitating them.

Your Ethics Alarms Ethics Quiz to begin what I sense will be a busy ethics week is…

Is FedEx an Ethics Hero?

Continue reading

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Filed under Business & Commercial, Citizenship, Government & Politics, Health and Medicine, Law & Law Enforcement, Rights, The Internet

Unethical Political Ad Of The Month: The Freedom From Religion Foundation

FFRF

If it accomplished nothing else, the Supreme Court’s Hobby Lobby decision is doing a dandy job of flushing out the bigots. First it was the feminists blaming the decision on the all-male majority…because, as we all know, only women can balance ethical and legal conflicts fairly and intelligently, and they are incapable of bias. This line of attack is gender bigotry, acceptable because, well, just because. Then Harry Reid, leader of the Senate majority, condemned the five justices whose analysis prevailed as white males, adding racial bias to the mix. Also stupidity, of course, since last I looked, Justice Thomas was still black. Then again, to hear Harry and his friends tell it, being a conservative and not folding up like a deck chair any time women or a minority group complains means that you must be white, meaning that you must be bigoted against women. That’s just what whites are like. And males. Says white male Harry Reid.

It’s a strange, strange world we live in, no doubt about that.

Now comes the Freedom From Religion Foundation with an ad published in the New York Times blaming the decision on the fact that the five justices in the majority were male and Roman Catholic. Anti-Catholic bigotry! I confess, I didn’t know what religion the justices were, because I don’t care. Do you? John Kerry is a Roman Catholic; so is Joe Biden. It never occurred to me to attribute their various decisions and policy determinations to their religion, or to presume that anyone’s religion is fair game for criticism. Ah, but this is blood politics as defined by today’s culture. The right people can use bigotry against deserving targets….you know. Conservatives. Continue reading

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Filed under Gender and Sex, Government & Politics, Health and Medicine, Journalism & Media, Law & Law Enforcement, Race, Religion and Philosophy

KABOOM!! Dana Milbank’s New Record For Flagrantly Dishonest Punditry

Exploding head

I am through with Dana Milbank, and also with anyone who quotes him, relies on him, believes him or—take note, Washington Post—employs him. There must be some level of insulting, dishonest, toadying, intentionally misleading punditry that qualifies as intolerable, and Milbank’s latest column for the Washington Post—syndicated elsewhere so the maximum number of weak minds can be polluted—defined it. I’m not going to reprint a word of it for fear that it will poison the blog, or cause your head to explode like mine just did—but I can describe its thesis. Get this: Milbank decries a “crisis of the week political culture” in Washington, and blames the news media, Republicans and Congress for the shifting attention. I am suppressing a scream as I write this.

There is a “crisis of the week” political culture because the incredibly inept and incompetent President of the United States has mismanaged every conceivable aspect of the government’s policies, domestic and foreign, while maintaining incompetents and political hacks in key positions and sending the message that there will be no accountability for abject failure, and because, despite pledging unprecedented transparency, the standard operating procedure for this group of ideologically doctrinaire and skill-challenged group has been to posture, obfuscate, stall, mislead and lie until various ugly chickens come home to roost, and then to rely on the news media to accept absurd excuses, explanation and blame-shifting theories, chaos has been percolating beneath the surface in dozens of vital areas—oh yes, more bad news is coming—and the full measure of various disasters are finally becoming known.

There is a crisis of the week mentality because a new catastrophe caused by the epic incompetence of this Administration is being uncovered every week, and sometimes every day.

And Dana Milbank blames the political culture, as if it is making this stuff up.

And he expects readers to agree with him.

And a lot of them will.

Kaboom.

Continue reading

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Filed under Ethics Alarms Award Nominee, Ethics Train Wrecks, Gender and Sex, Government & Politics, Health and Medicine, Incompetent Elected Officials, Journalism & Media, Kaboom!, Law & Law Enforcement, Leadership, U.S. Society

The Unethical Opposition To Tennessee’s Fetal Drug Abuse Protection Law

200439961-001Tennessee is one of the most activist states that it comes to protecting children; for example, it has the among most stringent laws in the nation regarding the mandatory reporting of suspected child abuse. It also has a new law that just went into effect this month that allows officials to arrest mothers for assault who illegally use narcotics while they are pregnant if the child is born with symptoms indicating that the drug use impaired the child’s condition.

Predictable and tiresomely, the media and “war on women” scolds are attacking this is yet another incursion on the rights of women to have dominion over their own bodies. Think Progress, dishonestly, calls it a “pregnancy criminalization law.”  This is intentional misrepresentation, a TP specialty. The law doesn’t criminalize pregnancy in any way, by even the most distorted interpretation.  The knee-jerk opposition to the law highlights the problems of consistency and integrity that the women’s rights and pro-abortion forces have in all the areas relating to childbirth. Essentially, their position is that if conduct is related to child birth—or preventing it—in any way, anything they say, want or do must be accepted, and asserting otherwise, no matter what the justification, makes the government an oppressor of women. Continue reading

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Filed under Bioethics, Childhood and children, Gender and Sex, Government & Politics, Health and Medicine, Journalism & Media, Law & Law Enforcement, Rights

Ethics Quiz: Virginia’s Forced Vasectomy

"Well, they can't all be "shouting fire in a crowded theater," Oliver. So you had an off day....it happens.

“Well, they can’t all be “shouting fire in a crowded theater,” Oliver. So you had an off day….it happens.

One of the skeletons in the Old Dominion State’s closet is the 1924 “Virginia Eugenical Sterilization Act,” a  law allowing the sterilization of citizens adjudged to be in a long line of mentally deficient idiots. The law was upheld in the infamous  1927 Supreme Court opinion in Buck v. Bell, in which the great Justice Oliver Wendell Holmes, to his undying shame, wrote,

“It is better for all the world if, instead of waiting to execute degenerate offspring for crime or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind…Three generations of imbeciles are enough.”

So approved, Virginia’s eugenics law lasted into the 1970s, allowing the state to sterilize more than 7,000 people in mental institutions. The law was repealed in 1979, and victims are seeking reparations. Now the ghost of that law is hovering over the resolution of a current case.

The only thing Virginian Jessie Lee Herald has done on his 27 years more than get in trouble with the law is have children: so far he has had seven (with six mothers) and his current wife says she wants more. He recently fled the scene of a car crash with his injured 3-year-old son. Herald pleaded guilty to felony child endangerment, felony hit-and-run, and misdemeanor driving on a suspended license. Investigators who went to his home found his child to have been neglected, with, among other things, shards of glass in his diapers.

A Shenandoah County prosecutor, Illona White, proposed a plea deal that would reduce Herald’s prison sentence to just four years: he would have to agree to a vasectomy. He took the deal, which also requires him to pay for the operation.

Your Ethics Alarms Ethics Quiz of the Day:

 Is it ethical for a state to make a convicted felon choose between prison time and sterilization?

Continue reading

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Filed under Childhood and children, Citizenship, Family, Gender and Sex, Government & Politics, Health and Medicine, History, Law & Law Enforcement