Health and Medicine

Lunchtime Ethics Appetizers, 6/16/2020: ALS, Artistic Freedom And Arrogance [UPDATED]

/ Jack Marshall / 34 Comments

Bon Appetite!

1. Today’s fake news note from the New York Times: “A Trump justice delivers an LGBT ruling that demoralizes the Right.” This completely fabricated observation, a variety of fake news I refer to as “psychic news,”purports to, first, characterize the “Right” as a monolithic, anti-LGBT mob, in the way the Left really is a monolithic, anti-Trump mob, and second, claim an extreme reaction to the decision that just doesn’t exist. The Times front page says the 6-3 decision was one “few expected.” That’s deceit: most analysts I read reached the same conclusion I did, which was that a 5-4 decision supporting the interpretation announced yesterday had at least a 50-50 chance of coming down. I did not expect the vote to be 6-3, but anyone familiar with how these things line up shouldn’t be shocked. Once he realized that the majority was going to hold that discrimination against gays and transgender individuals illegal, Justice Roberts may have joined the majority so that he could assign the opinion to Justice Gorsuch, for example.

President Trump has never indicated any animus towards gays or same sex marriage (Pence is another story); the presumption that the President’s supporters are horrified that discrimination against gays and transsexuals wasn’t upheld is just another version of the “deplorables” slur. Moreover, I believe the decision, and the fact that Justice Gorsuch joined with the Left wing of the court to cement it makes the President look good to all but reflex Trump-haters. His job is to appoint competent, open-minded justices, and he has. Gorsuch was never a conservative ideologue, though the Democrats who opposed him in the Senate falsely represented him as one. The decision also makes the Supreme Court look good by once again proving that it is not the lock-step partisan body Democrats claim, and that Chief Justice Roberts has correctly denied. It would be even better if the Court’s block of four liberals were as open-minded and non-partisan as Roberts, Gorsuch, and in other recent cases, Kavanaugh have shown themselves to be. Continue reading →

Morning Ethics Warm-Up, 6/9/2020: “If” And Silver Linings

/ Jack Marshall / 16 Comments

Good Morning!

My father’s favorite poem, which I read at his funeral service at Arlington National Cemetery in 2010—-was it really that long ago?—is especially relevant and valuable now. Some of the woke-addled have “canceled” Rudyard Kipling because of his offenses against presentism (and because he ended “If” with female-excluding nouns). This is like cutting off your nose to spite your face, or perhaps lobotomizing yourself to spite your character. However you choose to describe it, not being able to channel “If” when all about you are losing their heads—like now—is a severe and unnecessary handicap.

1. “Forget it, Jake. It’s The Times.” Nobody at the Times protested, as far as we know, when the paper, over the weekend, ran a story titled, “Vote for Trump? These Republican Leaders Aren’t on the Bandwagon” that claimed, “Former President George W. Bush won’t support the re-election of Mr. Trump.”  The article attributed this revelation about George W. Bush’s intentions (and Jeb’s) to unnamed sources “familiar with their thinking.” This is the variety of fake news Ethics Alarms categorizes as Psychic News, based on mind-reading and nothing else. Speaking on behalf of Bush 43, a spokesman  told the Texas Tribune, “This is completely made up. He is retired from presidential politics and has not indicated how he will vote.” Ford reiterated this statement to the Times, indicating that the former president would stay out of the election and speak only on policy issues. Has The Times retracted or corrected its claim? Of course not.

I would personally be shocked if George or Jeb voted for Trump, given how much the Bush family hates him for his personal insults against them, but that doesn’t mean a newspaper can declare as fact that they won’t. Their other big scoops were that Colin Powell wouldn’t vote for Trump, against based on those who have read his mind, though we know he voted for Clinton in 2016 (he said so) and that Mitt Romney, who voted to convict Trump in the impeachment trial just to stick a metaphorical thumb in the President’s eye, would also abstain. Oh…I almost forgot Cindy McCain, who wouldn’t even invite the President to her husband’s funeral. The Times says she’s not supporting him either. Stop the presses!

The silver lining here is that the evidence that the mainstream news media is biased and untrustworthy is becoming so obvious that those who deny it increasingly brand themselves as fools or liars. Continue reading →

Unethical Tweet Of The Week: Prof. Carl Bergstrom

/ Jack Marshall / 7 Comments

One could also call this an ethical tweet, as it neatly unmasks the hypocrisy of the scientific community as well as the self-serving myth that scientists are squeaky-clean objective and do not bend their pronouncements to partisan and political motives.

Bergstrom is a science star. Atheoretical and evolutionary biologist and a professor at the University of Washington in Seattle, he has been a vocal critic of low-quality or misleading scientific research. Now he is proving how we get it.

In another tweet, he writes, “We are having difficult but vital conversations about whether public health professionals can support the #BlackLivesMatter.protests during a pandemic. I’m unhappy to see these defaulting to utilitarian calculus rather than considering deontological or virtue ethics perspectives.”

That one’s pretty funny. The reason policy-makers are told that they must follow in lockstep the pronouncements of “experts” is that scientists et al. are not calibrating facts, recommendation and conclusions based on biases, personal preferences and non-factual considerations. In fact, that is the very reason policy makers must make the trade-offs scientists cannot, or should not. Now, struggling to find a way out of the obvious verdict of hypocrisy, Bergstrom is extolling “virtue ethics.” The problem is that virtue ethics also requires balancing and prioritizing among the virtues. Now we know that Bergstrom, among others, calibrates his recommendations according to his own political and ideological preferences. Go to work to continue earning income and care for one’s family? Not important enough to justify the risk. Gather in church to serve one’s spiritual needs? Nope. Attend a funeral of a loved one to express grief and respect? Not worth the risk. Protest being forced to accept an economic Armageddon and the suspension of civil rights to prevent virus-triggered fatalities that have been tolerated in the past without installing such draconian measures? Selfish and irresponsible.

Mass demonstrations in the streets out of anger and opportunistic political motivations, leading to millions of dollars of property destruction, human misery, deaths of bystanders and police, looting and riots in furtherance of vague objectives and generalities?

Sure! Now that’s worth it! Continue reading →

It’s Time To Play The Exciting Game Show, “Pick Your Autopsy!”

/ Jack Marshall / 31 Comments

From the New York Times today:

George Floyd died not just because of the knee lodged at his neck by a Minneapolis Police officer, but also because of the other officers who helped hold him down, a private autopsy found.

Dr. Allecia M. Wilson of the University of Michigan and Dr. Michael Baden, a former New York City medical examiner, were hired by Mr. Floyd’s family to help determine his cause of death. “Not only was the knee on George’s neck a cause of his death, but so was the weight of the other two police officers on his back, who not only prevented blood flow into his brain but also air flow into his lungs,” said Antonio Romanucci, a lawyer for the family.

Well I guess that settles it, then! And that Hennepin County medical examiner conclusion that the county autopsy “revealed no physical findings that support a diagnosis of traumatic asphyxia or strangulation,” and that ” that other factors were involved in Mr. Floyd’s death, including coronary artery disease and hypertensive heart disease”? Obviously rigged, wrong and based on racism. Or a cover-up. Or something.

Autopsies are not supposed to be advocacy proceedings. For the Floyd family to bring out their own, bought and paid-for autopsy to contradict the official one means that the case is being litigated in the news media and outside of the courtroom, and that is not the “justice” that Floyd’s protesters supposedly seek. Continue reading →

Sympathy For The Stupid

/ Jack Marshall / 14 Comments

I have a problem of long-standing: I just can’t muster a lot of empathy for people who hurt themselves doing incredibly stupid things. I just can’t. Stupidity causes so much death and destruction in the world, and the more competent among us spend so much precious time and treasure trying to mitigate the damage wreaked on society by idiots.

Even when the idiots involved are children, I have difficultly time feeling too sorry for their self-inflicted misfortunes if the cause was sufficiently dunder-headed…like in this case.

In Bolivia, three Marvel Comics-loving brothers, ages 12, 10 and 8, forced a black widow spider to bite them, theorizing that the bites would turn each of them into Spiderman. First of all, if you are going to try something like this, know your comics. Peter Parker wasn’t bitten by a Black Widow—where did they get that idea? —which has venom 15 times stronger than a rattlesnake’s bite. Black widows are one of the most feared spiders in the world, and the most venomous in North America. Now, Spiderman got his Spidey powers after being bitten by an ordinary spider that was radioactive. If the brothers were such fans of the Webslinger, they should have known that. If you aren’t sure what kind of spider confers super-powers, you don’t take a flyer on the deadliest spider around as your first candidate.

Yeah yeah yeah they are just kids. So were the idiots who jumped off of roofs using a blankets as capes when The Superman TV show was hot. I didn’t have any sympathy for them, either.

Finding the  brothers crying in pain, their mother rushed them to a nearby health center, which transferred them to a nearby hospital suffering from fevers, tremors and muscle pains. They were treated and discharged  almost a week after they were bitten. They were lucky. They may not be so lucky next time.

 

Ethics Dispatch from The Sick Ward, Memorial Day Edition

/ Jack Marshall / 44 Comments

Hi.

I won’t say I’m back, because I thought I was over the hump two days ago, and that proved to be a rash miscalculation. But on this, one of many days during the year when I am prompted to remember my father, Major Jack A. Marshall, Sr., I need to make a special effort to ring in, as he would have.  As I have mentioned before, Dad never let illness or injury keep him sidelined for long. It was a matter of honor for him.

1.  Front Page Ethics: When I was preparing to write yesterday’s warm-up, this was going to be the first item…

The Times has tried to come up with every way possible to hype the Wuhan virus outbreak, and, simultaneously, the economic consequences of battling it, to cause as much alarm, fear and panic as possible. I’ve mentioned a few of the stunts, like spiking red graphs that extend beyond the margins of the paper. Those who have  died from the virus have received special treatment, with profiles and photos in the paper, because dying of this cause obviously makes a citizen more important than someone who is killed in a robbery or who died of a ruptured spleen.  This was more of the same: a small-print listing of 1,000 deaths supposedly from the virus. It was an act of pure sensationalism, teeing up cheap attacks on President Trump, another exmaple of how far into hackery the Times and the rest of the news media has fallen

An amusing note: nobody is expected to actually read a page like that, so who knows who accurate it is, but wouldn’t you think that the editors would have made sure that at least the names entered at the beginning of the list were actual pandemic victims? The New York Post reports

[O]ne of the first names on the paper’s earlier editions of the front page, Jordan Driver Haynes, 27, didn’t actually die from the virus. He was murdered, according to local reports. Haynes’ body was found in a vehicle left in a wooded area off a highway in Cedar Rapids, Iowa, the local NBC affiliate reported.

Details, details. After all, the point of the stunt wasn’t to report accurate news, but to hype the death tole. The Times could have done the same thing with the number of deaths from the old fashioned flu (60,000, heart disease (about a half-million)lung cancer (135,000) or drug overdoses (67, 000). If 2020 holds to the trends of the last decades, there will be about 620,000 abortions performed. Of course, the dead in these cases don’t have names, but if they did, how would the Times publishing a thousand of them on its front page be regarded?

Isn’t this kind of gross over-emphasis a form of fake news?

Like so many of the propaganda we have been witnessing lately, this is aimed at the gullible and the easily misled, and for everyone else—perhaps a minority, we shall see, just further removes the new media from its position of influence. Continue reading →

Emergency Open Forum!

/ Jack Marshall / 124 Comments

 

I just can’t mount the energy or mental acuity to post anything coherent right now, but if I don’t at least open the lines, I may go nuts. I actually just had a WordPress nightmare…I’m serious.

If anyone wants to use this as an opportunity to play “Ask The Ethics Man!,” that might be fun. I think I could respond to direct questions and inquiries I often feature a song called “The Ethics Man” in my musical legal ethics seminars. Sung wittily and well, as always, by my partner Mike Messer, it’s a singalong. There are several versions; I keep updating it. I’m pretty sure you know the Billy Joel classic song it parodies:

Continue reading →

Morning Ethics Check-Up, 5/21/2020: My Mind’s On Viruses For Some Reason…

/ Jack Marshall / 94 Comments

Feeling better.

Thanks for all the concern and good wishes.

1. How can we be told that we need to trust “scientists” regarding the Wuhan Virus when they have so far proven uncertain, inconsistent, and, much of the time, wrong? Chatting with my sister about my own symptoms, which I told her did not include key pandemic features but did include others not on the list, she informed me that the list of symptoms had been recently expanded by the CDC. I checked: she’s right. As of April 30, the symptoms of COVID-19 can include fatigue, dry coughs, non-dry coughs, shortness of breath or difficulty breathing, fever, chills, muscle pain, sore throat, headache,loss of taste or smell,  nausea, vomiting, and diarrhea, as well as “other symptoms.”

Got it. Everything is a potential symptom, including no symptoms at all. Gee, CDC, thanks for all the timely information.

In further news, the  CDC now says coronavirus ‘does not spread easily’ via contaminated surfaces.

Our policy-makers have been making decisions in the dark from the beginning. The entire episode should go down in history as a massive failure of the public health establishment. Continue reading →

Saturday Ethics Warm-Up, 5/16/2020: The Experts Edition

/ Jack Marshall / 27 Comments

Hey!

Why aren’t you at the beach?

1. One reason: it’s stupid at the beach. Here’s a sign on a beach at Ocean City New Jersey:

Explain that, please. Are you OK as long as you stay on the surfboard, but not permitted to swim if you fall off? Why is a solo sunbather breaching the rules? Sitting in chairs is dangerous, but standing around is not? These kinds of arbitrary restrictions can’t be justified, and will inevitably lead to public distrust and defiance…and ought to.

Here is the obligatory clip from “Bananas” (with Greek subtitles, for some reason):

2. Here’s the “expert” who is imposing dubious restrictions in LA County: Los Angeles County Director of Public Health Dr. Barbara Ferrer, who first told the county’s board of Supervisors that the county’s “Safer at Home” order would  be extended for three more months when it expired yesterday, then extended it with no end date. The reason her opinion should be worshiped without question is…well, I don’t know what.  As I keep trying to explain to my Deranged Facebook friends, you only allow doctors to dictate policy if the only thing the public has to worry about is health, since that’s all doctors care about: if we are reduced to living on roots and berries and living in caves, well, if everyone is healthy, that’s a win from from a doctor’s perspective.

Dr. Ferrer, however, isn’t even a medical doctor. She’s not an expert in virology or epidemiology. She has a Ph.D in  social welfare, making her a Doctor of Wokeness, and also has the degrees Master of Arts in Public Health,  Master of Arts in Education, and Bachelor of Arts in Community Studies.  Based on these credentials, she is paid a half-million dollars a year to tell citizens how they will be allowed to live their lives “for the greater good.” Continue reading →

Morning Ethics Warm-Up, 5/14/2020: Only One Pandemic Note Out Of Five!

/ Jack Marshall / 6 Comments

Good morning!

I am disgusted with this brain-dead talking point: perhaps my most Trump Deranged Facebook friend posted a rant–at least he wrote his own this time rather than searching the web for the latest from established “resistance” pundits (Dana Milbank, Paul Krugman, Joe Scarborough, about a hundred others)—making the “point” that President Trump wasn’t “elected to do heart surgery,” so the argument that Dr. Fauci’s opinions on the Wuhan virus shouldn’t dictate policy because “he wasn’t elected” were foolish. How did people like my friend get this way? He is obviously amazingly receptive to Democrat-crafted narratives, and probably hypnosis as well, so I guess I should be glad he doesn’t think he’s a chicken.

We elect leaders to consider and weigh many opinions of advisers, experts and specialists in narrow fields to balance those among other considerations in deciding what is in the best long and short term interests of the nation. That’s why, among other reasons, the we have a civilian in charge of the armed services. This increasingly popular (and tiresome) claim from the Left that if the recommendations of scientist aren’t followed, it is proof of ignorance and recklessness is logically, historically and politically unsupportable. If it’s sincere rather than a partisan tactic, it is ignorant  as well.

Scientists aren’t accountable to the public for their opinions; if they are wrong, they just come up with new theories and conclusions.  Scientists and health care specialists also, as we have said here many times, operate within the tunnel vision and priorities of their own specialties. All Dr. Fauci focuses on is the likely (as they appear at any given point) health consequences of national policy. Economic, security, political consequences are not his concern, nor should they be. Arguing that his position on the best national policy must be accepted by the President is irresponsible as well as incompetent, and this is true without even considering the fact that Fauci and the “experts” have been repeatedly wrong about the pandemic already, as Senator Paul pointed out this week.

1.How sports teaches character. I am going to have to take two hours out of my day because the MLB channel, improvising like crazy to come up with programming without any baseball games to cover, is replaying the 1975 World Series between the Boston Red Sox and the Cincinnati Reds, best known for Game 6, when Carlton Fisk hit a walk-off home run in the 12th inning of arguably the most exciting World Series game ever played. I was at Game Six and two more in that seven game series (thanks to the generosity of my late law school friends and classmates Mitch and Myron Dale, whose father was then president of the Reds), but it was one I didn’t see in person, Game 4, that was the Ethics Game.

Red Sox pitcher Luis Tiant, with his team facing a daunting three games-to-one deficit if it lost, pitched a nerve-wracking, complete game 5-4 victory, protecting a one-run lead for most of it despite lacking his best stuff against the toughest line-up in baseball. Nearly every inning, the Reds had men on base and threatened to take the lead; over and over again Sox manager Darrell Johnson trudged out to the mound to replace Tiant, only to have his ace shake his head, insist that he would get the job done, and demand that his boss return to the dugout. TV closeups of the Cuban’s grim and sweat-covered face showed pure determination as he took the fate of the team on his own back fearlessly and without hesitation. Tiant, an old man in baseball years, threw over 180 pitches that night in the era before they counted pitches; today, starters are seldom allowed to throw more than 100. Even more than the famous Curt Schilling “bloody sock” game in 2004, that athletic performance epitomizes for me the ethical virtues of professionalism, honor, perseverance, accountability, fortitude, courage and sacrifice. I have pictured Luis Tiant’s face  many times since when I have been under pressure to succeed, or facing a challenge while not feeling at my best. Continue reading →