Government & Politics

Sorrell v. IMS Health: Legal, Ethical, and Unjust

/ Jack Marshall / 1 Comment

The case of Sorrell v. IMS Health, which the Supreme Court decided yesterday, sharply focuses the philosophical disagreement over the role of the courts in public policy. The legal question was rather straightforward; the ethical issues are complex. Is it the Court’s duty to make bad—but constitutional— laws work, or is its duty to follow the laws, and leave it to the legislature to fix their flaws?

This was a case about incompetent  lawmaking. Gladys Mensing and Julie Demahy had sued Pliva and other generic drug manufacturers in  Louisiana and Minnesota over the labels for metoclopramide, the generic version of Reglan. The drug, used to treat acid reflux, had caused them to develop a neurological movement disorder called tardive dyskinesia. None of the generic drug’s manufacturers and distributors included warnings on the labels about the danger of extended use of the medication, even though the risk was known to them. Neither did the manufacturers of the brand-name drug. The problem was that the state statutes required generic drug manufacturers to included warnings about dangerous side effects, while federal regulations required generic drugs to carry the exact same label information as their brand name equivalent.  Continue reading →

The Offensive Battle Over “Seven in Heaven Way”

/ Jack Marshall / 113 Comments

"There goes Fred, getting all religious again...."

With some hesitation, I must re-open the issue of officious inter-meddlers and grievance-mongerers who get satisfaction and empowerment from claiming to be offended by things that could not possibly harm them or genuinely infringe on their rights. The atheists are at it again.

My position has been stated here and elsewhere many times: in the absence of genuine long or short term harm, the ethical human response to a symbolic grievance is to keep one’s response proportional to the offense, which sometimes means considering how many individuals will be made miserable in order to satisfy one individual or a small group, and letting it go. Forcing a university to change the long-standing name of its football team based on a dubious argument that the name is an offense to Native Americans when most Native Americans couldn’t care less, for example, is wrong. Forcing a school to stop teaching kindergarteners to sing “Rudolf the Red-nosed Reindeer” because a Jewish parent thinks the song promotes Christianity is wrong.

Now a group of New York City atheists is demanding that their city re-name a street that was dedicated to the memory of seven firefighters killed in the Sept. 11, 2001, terrorist attacks.  Continue reading →

The FDA’s Disgust Offensive: Manipulative and Wrong

/ Jack Marshall / 27 Comments

Why stop at this?

I’ve never smoked.  My wife is a smoker and I am worried about her; I also think the tobacco industry is more or less despicable. Nevertheless, I find the new disgust-initiative by the FDA on cigarette package labeling  troubling. If it’s ethical, it only passes muster in a utilitarian balancing formula, and even then I think it opens the door to government abuse.

Thanks to a 2009 law, cigarette makers must add large, graphic warning labels depicting diseased lungs, a man exhaling smoke through a hole in his neck, a baby near a cloud of smoke, a dead body, a man wearing a black t-shirt with “I Quit” written across the chest and three other ugly images to packaging and advertising in the U.S. by October 2012. These will be accompanied by warning labels with messages like “Smoking can kill you” and “Cigarettes cause cancer.” In full, stomach-turning color, the new labels must occupy the top half of the front and back of  cigarette packs, and 20% of any cigarette ad’s space. The labels must also include the number of a national quit line and the current warning labels.

All this, yet the government allows the stuff to be sold. I don’t get it, frankly. If cigarettes are so bad that the FDA feels it has to use tactics this extreme, then it should have the courage to just ban them, like they ban other harmful substances. Continue reading →

More Civility Confusion: Jon Huntsman’s Announcement

/ Jack Marshall / 1 Comment

 

"Oh, NO...not THAT!"

To listen to the contempt and outrage expressed by conservative critics of Jon Huntsman’s official presidential campaign kick-off yesterday, one might have thought that he had pledged to conduct his quest for the presidency in Arabic. No, what infuriated Rich and Sean and Mark and the rightward bloggers who adore them is that he pledged…to be civil. Huntsman said:

“Now let me say something about civility. For the sake of the younger generation, it concerns me that civility, humanity and respect are sometimes lost in our interactions as Americans. Our political debates today are corrosive and not reflective of the belief that Abe Lincoln espoused back in his day, that we are a great country because we are a good country. You know what I mean when I say that. We will conduct this campaign on the high road. I don’t think you need to run down someone’s reputation in order to run for the Office of President. Of course we’ll have our disagreements. That’s what campaigns are all about. But I want you to know that I respect my fellow Republican candidates. And I respect the President of the United States. He and I have a difference of opinion on how to help a country we both love. But the question each of us wants the voters to answer is who will be the better President; not who’s the better American.”

The horror… Continue reading →

NBC and the Death of Professional Broadcast News

/ Jack Marshall / 5 Comments

The flap over NBC’s unilateral decision to excise “God” from the Pledge of Allegiance (currently the catalyst for a somewhat off-topic debate in the comments to the Ethics Alarms post on the issue about the propriety of having God in the Pledge at all) points to the related problem of NBC’s gradual but persistent degradation on its news reporting and journalistic integrity over the last several years.  Happily, there is a blog devoted to just that, one of the many excellent ethics-related sites linked on the blogroll that nobody seems to use. It is called Nightly-Daily, where a fanatic Brian Williams foe named Norman Charles meticulously dissects NBC’s nightly news broadcasts to report on journalistic outrages. He finds them almost every night.

Regarding NBC’s U.S. Open coverage, the scene of NBC’s Pledge distortion, Charles wrote, Continue reading →

Incompetent Elected Official of the Month: Rep. Jeff Denham (R-CA)

/ Jack Marshall / 4 Comments

Rep. Jeff Denham: Now we know.

First the airlines are unfairly pilloried in the media thanks to an ignorant serviceman’s YouTube complaint about being charged excessive baggage fees for his gear….despite the fact that 1) the airlines already give servicemen  discounts on extra bags (though they shouldn’t) and 2) the fees charged will be reimbursed, just like my business travel costs are reimbursed by the people who hire me.

Now Congressman Jeff Denham (R-CA) has introduced a non-binding resolution in the House that threatens to use contracts between the military and commercial airlines to punish carriers that do not waive all baggage fees for deployed military personnel.

Rep. Denham’s resolution has its good side: now we know that he is unethical, a fool beyond redemption, and a bully as well. Continue reading →

Ethics Dunce: Keith Olbermann

/ Jack Marshall / 4 Comments

Welcome back, Keith!

Keith Olbermann, the talented, arrogant, self-righteous progressive scold whose “Countdown” show on MSNBC managed to make Sean Hannity look fair and balanced, returned to the tube yesterday on Al Gore’s nascent, and apparently shameless, new TV news commentary channel, Current TV. Olbermann, who despite his rhetorical gifts is unwilling to brave dissent or ideological balance on his show (something that cannot be said, for example, of Fox News bloviator Bill O’Reilly or even Hannity), did manage to make himself seem reasonable by comparison by welcoming and fawning over guests Michael Moore and Daily Kos founder Markos Moulitsas, neither of whom ever met a progressive agenda-bolstering lie they didn’t like.

But never mind: Keith locked up his Ethics Dunce by re-introducing his “Worst Person in the World” segment, which he had solemnly, if unnecessarily, jettisoned on MSNBC to demonstrate his new commitment to civility in the wake of Rep. Giffords’ shooting in Tucson. Continue reading →

Ethics Dunce: NBC

/ Jack Marshall / 82 Comments

You tell 'em, NBC...

NBC cut the words “under God” from the Pledge of Allegiance in its lead-up to its coverage of the U.S. Open at Congressional Country Club in Washington, D.C., an audacious and inexcusable unilateral kowtow to political correctness. Why did the network do it? What gave them the idea that NBC has the right to redact the official Pledge, as passed by Congress? Who are the arrogant idiots who would dare to do such a thing, and think they could get away with it?

Nobody knows, or at least, nobody is saying. The NBC brass, watching Twitter burst into flames with fully justified criticism, issued a classic non-apology apology, saying, Continue reading →

The Chivalry Curse, the President, and the Dazzling Smile

/ Jack Marshall / 10 Comments

The Chair of the Democratic National Committee

The Republicans seldom look more silly—and politics seldom looks more cynical— than when the GOP complains that the media or liberal interest groups are ignoring conduct by a progressive politician that they would vociferously criticize if a conservative politician behaved similarly, even though the Republicans themselves see nothing wrong with the conduct, and would scream that the criticism was unfair if it was focused on a conservative. This is yet another of the funhouse mirror versions of the Golden Rule in action, being employed for a dubious “Gotcha!”: “Do Unto Others As You Would Do Unto Me, Even Though If You Did That Unto Me, I Would Condemn You For It.”

It is the game Republican women’s groups and  conservative pundits are playing now, because the National Organization for Women hasn’t rapped the knuckles of President Obama for calling Rep. Debbie Wasserman-Schultz (D.-Fla.), the Democratic National Committee Chair, “cute.”

Wendy Wright, president of Concerned Women for America (a conservative women’s organization), called out NOW on its double standard, and said,“Of all people who ought to be offended at President Obama’s statement it should be an ardent feminist like Wasserman-Schultz. Isn’t objectifying women by their looks a mortal sin among feminists?” Charlotte Hayes, a senior fellow at the Independent Women’s Forum, the conservative twin of NOW, argued, “If a conservative had said this, [NOW] might have gone quite crazy. The Democrats might have gone quite crazy and tried to have his head on a platter. I guess Democrats could get really mad because you say a woman has a charming smile.”

But, she added, “I’m not one of those people who gets mad if you said I have a charming smile. I would be flattered.”

For its part, NOW has said that it has more pressing matters than criticizing a major ally’s politically incorrect gaffe, much as it couldn’t be bothered to criticize Bill Maher for calling Sarah Palin a “dumb twat” or MSNBC’s Ed Schultz for describing conservative pundit and single mother Laura Ingraham as a “right wing slut.” The President and the woman with the cute smile, meanwhile, are ignoring the whole thing.
Here is the irony, and the problem: they are all wrong. Continue reading →

White House Mendacity on Libya

/ Jack Marshall / 7 Comments

The White House says this isn't "hostilities." Right.

I detest it when Presidents and their administration play self-evident language games to assert intellectually dishonest positions, whether it is Bill Clinton’s minions claiming blow-jobs aren’t “sex with that woman,” or Dick Cheney arguing that torturing prisoners by water-boarding technically isn’t torture.  Such deceit and mendacity by the representative of the Chief Executive or the President himself vastly increases public cynicism about our government and diminishes our democracy’s most precious and endangered asset, trust.

The Obama administration, despite its leader’s stirring words in the 2008 campaign, has already shown itself capable of outrageous misrepresentations, as when it reported “jobs saved” by the stimulus package using fictional Congressional districts and counting single jobs as multiple jobs “saved.” So we shouldn’t be surprise, only nauseated, when it tells Congress, as it did this week, that U.S. participation in the Libyan uprising doesn’t fall under War Powers Resolution. Continue reading →