Health and Medicine

Morning Ethics Warm-Up, 4/6/2020: Another KABOOM!, Two Deranged Op-Eds, And Kansas City Police Adopt The Nuremberg Defense

/ Jack Marshall / 17 Comments

Feeling blue, beleaguered and dispirited: time for my favorite “Good morning” video again:

1. Yes, it’s another KABOOM! to begin the day. The same critics who attack the President every day for his response to the virus, whatever he does or says, have been alternately praising China for its handling of the pandemic or defending it. Now look at these photos  from two days ago, April 4, showing Chinese citizens heading for the Huangshan mountain park to enjoy the great outdoors, as CNN put it.

2. Today in leadership ethics…on this date in 1841, President William Henry Harrison, then the oldest man by far to take the Presidential oath of office (America take note),  died after just 31 days from a cold he caught by grandstanding to show he wasn’t so old (he refused to wear a top coat in freezing weather, and delivered what is still the longest inaugural address in our history). He was the first President to die in office. He also died after being elected in a year ending with a zero,  launching a creepy 120 year tradition of every POTUS elected in such a year also dying in office (Lincoln, Garfield, McKinley, Harding, FDR, JFK)  until Ronald Reagan beat it, though just barely.

Vice President John Tyler was sworn into office amidst mass confusion: the Constitution was unclear about what happens when a President dies. It directed that in case of the President’s death “the Powers and Duties of the said office” “shall devolve upon the Vice President” until a new President is elected. Here the most unlikely of leaders, an obscure figure from the opposition party (Tyler was a Southern slave-holding Democrat  put on the Whig ticket, maybe because “Tippecanoe and Tyler Too!” scanned) who had no constituency, looked like Ichabod Crane…

…and who later joined the Confederate cabinet, made a bold decision that changed American history in too many ways to imagine.

While many experts and legal scholars argued that he was only a temporary, acting-POTUS until a special election could be held, Tyler decreed that he was, in fact, the President, and would serve out Harrison’s full term. Congress couldn’t figure out how to stop him, and thus the United States, by accident and the unilateral decree of an otherwise minor political figure, adopted the smooth manner of transition that has served it so well. It wasn’t until the 25th Amendment, ratified in 1967,  that there was anything in the Constitution saying directly that the Vice President permanently assumes the job and finishes out the term upon the death, resignation or removal of the President.

Fun fact:  President Tyler, who was born in 1790, has a grandson living in Virginia. Lyon Gardiner Tyler, Jr., born in 1924, is 96 years old. I once saw him from afar when he was still living at the Tyler plantation, dubbed Sherwood Forest. Continue reading →

The U.S.S. Theodore Roosevelt Affair

/ Jack Marshall / 24 Comments

Captain Brett Crozier was the  commander of the aircraft carrier Theodore Roosevelt which had been docked in Guam following a Wuhan virus outbreak among the crew of more than 4,000. With about a hundred members of his crew infected, he decided to take the extraordinary step of sending a letter to the Navy pleading  for resources and to have the afflicted sailors quarantined from the rest. In the four-page letter sent via a “non-secure, unclassified” email that included at least “20 to 30” recipients in addition to the captain’s immediate chain of command, including some crew members.

Crozier wrote that only a small contingent of infected sailors had been off-boarded, with most of the crew remaining  on board the carrier, where following official guidelines for 14-day quarantines and social distancing was physically impossible. He wrote

“Due to a warship’s inherent limitations of space, we are not doing this. The spread of the disease is ongoing and accelerating…Removing the majority of personnel from a deployed U.S. nuclear aircraft carrier and isolating them for two weeks may seem like an extraordinary measure. … This is a necessary risk…We are not at war. Sailors do not need to die. If we do not act now, we are failing to properly take care of our most trusted asset — our Sailors….Keeping over 4,000 young men and women on board the TR is an unnecessary risk and breaks faith with those Sailors entrusted to our care.”

Of course, the letter leaked to the press, and the situation became a news story and a subject of unwelcome controversy for the Navy. Acting Navy Secretary Thomas Modly initially told CNN in response to questions about the appeal,

“I know that our command organization has been aware of this for about 24 hours and we have been working actually the last seven days to move those sailors off the ship and get them into accommodations in Guam. The problem is that Guam doesn’t have enough beds right now and we’re having to talk to the government there to see if we can get some hotel space, create tent-type facilities.”

Although the letter had the desired result, with members of the crew gradually being removed from the carrier, the Captain had broken the cardinal military rule never to go outside the chain of command. Crozier had multiple conversations with the chief of staff to Modly before his letter was publicized in the San Francisco Chronicle. The Navy had told Crozier to  “call us any time day or night,” and gave him  Modly’s personal cell phone number to update the situation and raise further concerns.

Then the e-mail leaked. Crozier was dismissed as captain by the acting Navy Secretary for what Modly called “extremely poor judgment,” going outside the chain of command, and  disseminating the memo over an unsecured system. President Trump backed his appointee’s unpopular decision. Continue reading →

Sunday Morning Alarms, 4/5/2020: After The First Two Items, You Won’t Want To Read Any More And Will Just Go Back To Bed…

/ Jack Marshall / 27 Comments

….like I did…

1. KABOOM! Pennsylvanian Anita Shaffer, 19, decided to flee her York County home  a week ago for a mental health drive.  On her way back home, two Pennsylvania State Police officers stopped her about her car’s faulty tail-light. While talking with the officers,  Shaffer told them that she was just “going for a drive.” In response, they wrote her a ticket for more than $202.25 for violating the Pennsylvania Governor Tom Wolf’s stay-at-home order.

That’s the citation above. It says Shaffer “failed to abide by the order of the governor and secretary of health issued to control the spread of a communicable disease, requiring the closure of all non-life-sustaining businesses as of 20:00 hours on March 19, 2020. To wit, defendant states that she was ‘going for a drive’ after this violation was in effect,”

State police spokesman Ryan Tarkowski explained the ticket, saying, “Troopers have been encouraged to use contacts with the public as opportunities to reinforce the necessity to abide by stay-at-home orders.”

And how, exactly, does ticketing an individual who is engaged in conduct that cannot possibly infect anyone  accomplish  that?

Well, Tarkowski blathered,  being a soulless bureaucrat incapable of admitting that THE STATE is full of it in this case, “Troopers maintain discretion to warn or issue citations and the decision is specific to the facts and circumstances of a particular encounter.”

Fine. These facts do not justify a ticket by any stretch of the imagination. The officers’ discretion shows they are not qualified to wield the power they have. Indeed, the citation magnifies the extreme arbitrariness of such orders, and their danger when those charged with enforcing them have the judgment of Gestapo officers.

I’m surprised the cops didn’t slap her around a little, shoot her in the kneecap or even rape her, you know, to show the defiant prole who’s boss and not to ever, ever defy Big Brother.

Tarkowski also said Shaffer’s citation is the only one issued for violating the stay-at-home order. It’s good that the police picked a representative one to symbolize the Pennsyvania message to it’s citizens, which is apparently, “You will do as you are told, underlings.”

Well, not to be crude, but screw that.

Shaffer told reporters  she was within her rights to operate her car, and plans on challenging the citation.  Good. And again I ask, where is our vaunted American Civil Liberty Union on this issue? For three years, we have been hearing false cries of outrage about how the President is an autocrat just waiting to crush our civil rights, and now, when the civil rights of citizens are being ignored by tin pot governors all over the country, the ACLU just shrugs and sighs in its bunker, “It’s for the greater good.”

Oh..there was nothing wrong with her tail light. Continue reading →

Unethical Quote Of The Month: Dr. Deborah Birx

/ Jack Marshall / 13 Comments

“The next two weeks are extraordinarily important. This is the moment to not be going to the grocery store, not going to the pharmacy, but doing everything you can to keep your family and your friends safe and that means everybody doing the six-feet distancing, washing their hands.”

—Dr. Deborah Birx, the White House’s pandemic response coordinator, at today’s briefing, after explaining the deaths were expected to “spike” in certain hot spots.

Huh?

It would be difficult to compose more incompetent and irresponsible statement. Continue reading →

The Pandemic, Medical Ethics, And Baseball: What Exactly ARE “Essential Surgery And Medical Procedures”?

/ Jack Marshall / 19 Comments

One of the policy and medical ethics issues that is looming larger as the pandemic continues is the requirement that hospitals not be burdened by  “non-essential surgery and medical procedures.”

I agree: it would have been better if  Ethics Alarms has more precisely defined “essential surgery and medical procedures”  in the previous post on the issue, when I examined the question of whether abortion can be ethically put in that category as Texas and Ohio have decreed. Abortion, as that post noted, is a particularly poor  choice for such analysis, given that our society cannot agree on what it is, other than the Supreme Court’s ruling that whatever it is, a woman has a Constitutionally right to do it.

Incidentally: can we agree that there is also a constitutional right to have any surgery or medical procedure? It hasn’t been specifically stated by the Court, but I assume that the abortion precedent applies to everything else as well, from having a kidney transplant to getting a wart removed to acquiring breast implants. These would all fall under the right of privacy and inalienable rights of life, liberty and the pursuit of happiness. Forbidding any surgery, non-essential or otherwise, is a big deal, and my guess is that a judicial challenge to the whole concept would stand a substantial chance of success. What is essential surgery to me might not be such to you, but frankly, my dear, I don’t give a damn, and unlike an abortion, my procedure isn’t killing anyone. Continue reading →

Saturday Ethics Warm-Up, 4/4/2020: Letting The Perfect Be The Enemy Of The Good, And Other Blunders

/ Jack Marshall / 11 Comments

Why is today unlike any other day?

1. What’s wrong with this picture? This, courtesy of ABC News, was the scene on a New York City subway yesterday:

My question is this: how can everyone be cheering Governor Cuomo’s leadership during the pandemic crisis when this is still going on? I heard Cuomo say, in one of his briefings, “You can’t stop public transportation. You just can’t.” Yet if you are going to allow the above scene all day, every day in your state’s largest city, why bother with the rest of the measures? Just wall off the Big Apple and let everyone get sick.

2. And speaking of New York…and while we’re justly bashing China for all the lies and disinformation,  this blogger finds the charts , models and projections showing how the health care system will be overwhelmed by April 15 puzzling, and asks, Continue reading →

Comment Of The Day : “Thank God This Miserable Week Is Over Ethics Review, 3/27/2020: Of Pangolins, Pandemics And Pronouns”

/ Jack Marshall / 24 Comments

Today’s wet market special: bats! Yum-yum.

Let me introduce the Comment of the Day by once again acknowledging the consistently excellent contributions to Ethics Alarms made every day by the commentariat here. I know a lot of people who don’t read the comment sections of blogs and websites; heck, I usually don’t, and the reason I don’t is that they are almost uniformly horrible and depressing. Horrible, because even in the cases of some superb blogs, they are reliable pits of name-calling and hackneyed talking points I have read elsewhere, full of poor reasoning and biased, lazy opinions lacking support or genuine understanding. Depressing, because I know they are representative of the general public, perhaps even positively so, since the real mouth-breathers don’t read about substantive topics at all, and couldn’t write about them literately if they did.

I know I complain too much about the traffic here. Since what has been called “The Great Exodus,” when those slowly succumbing to Trump Derangement left in a huff because I insisted on refusing to join what is tagged here as the 2016 Post Election Ethics Train Wreck, and Facebook arbitrarily and mysteriously knocked the pins out of a major source of circulation and growth by banning links to the blog, my hopes of reaching a sufficient audience  to allow some income-producing activities here have been dashed. I don’t do this for profit (obviously), but some income would help–as you might expect, this is especially on my mind now. I was this close to topping the 5000 views a day level that is the minimum required to monetize a blog at the end of 2016, then our angry progressive friends left, and even 4000 a day is usually a faint hope. Still, I can’t complain about the quality of the comments, which, if anything, is stronger than ever, as is the variety of views and topics that arrives through them. I really should be grateful for that, and stop bitching. Together we have a superb product, getting better after a decade.

Humble Talent is one of the reliable stars here, with a unique outlook and a no-nonsense style. Before I started annually failing to deliver The Best and Worst of Ethics Awards (2019 was the third straight flop; maybe next year…), he had been a recipient of Commenter of the Year.

Here is his Comment of the Day on the post, : “Thank God This Miserable Week Is Over Ethics Review, 3/27/2020: Of Pangolins, Pandemics And Pronouns”:

We don’t have any conception under God how many people are actually affected. We don’t know the morbidity rates. We don’t even know the number of people who have died from the Wuhan Flu.

I used to say that we knew the numerator when it came to deaths, and that the percentages that we were hearing were worst case scenarios, because the denominator was always going to be much, much higher, so the rate was almost certainly artificially inflated. That remains true when talking about cases coming out of first world democracies… We know, roughly, how many people died from Flu related complications, but we don’t know how many people have had the Flu. For weeks now, Canadians have been told that if they’re experiencing symptoms, but those symptoms are not serious enough to warrant a visit to the emergency room, they need to stay home. Either they have it and we don’t want it walking around outside, or they don’t have it and we don’t want them bringing exciting new complications into our medical centers. The massaging in the states has been mixed, but there’s a lot of similar sentiment out there. The vast, vast majority of people who think they have the Flu won’t be tested, and there is a large slice of the pie that get the Flu but never develop symptoms.

And then you have third world, tin-pot communist dictatorships like China, Information Black Holes like Russia and places that don’t have sufficient medical facilities like most of Africa. Who knows what the numbers are out of places like this? I’ve seen chilling images and video coming out of China, pictures of of cremation packages stacked up outside of funeral parlors because they ran out of room inside. I don’t know if that’s representative, but I think it’s likely. 40 million cell phone users have been cut off from the rest of the world in the heart of China, and China has not reported a single Flu related death in a week. Continue reading →

Some Time Of Day Ethics Warm-Up, As All Temporal Distinctions Blur Into A Single Gray Miasma…

/ Jack Marshall / 12 Comments

Wait…where the hell did she get that mask????

Oh, what’s the point?

1. When Ethics Alarms Don’t Ring Dept. Frannie Skardon of the University of Virginia Law School Class of 2022 serves in the New York National Guard.  When it  was called up by Governor Andrew Cuomo on March 17,  UVA was offering its course online courses and her unit allotted her six hours a day to commit to law school studies. But, as she explained in an online petition she has posted,

To my surprise, the [UVA] administration  stated that I am in violation of Academic Policy I.H., which deals with employment while attending Law School. This policy states that “students may not engage in employment in excess of what is compatible with a full-time commitment to the study of law.” As a result of my unit’s activation, the administration has determined that I cannot complete the remainder of the semester.

The school refused to  issue a waiver because Skardon is being paid by the Army while activated, and said she would have to retake all of her classes in Spring 2021. Not only was this spectacularly dumb from a public relations perspective, it was also contrary to what other law schools have done in similar situations. However, after Skardon’s petition was flooded with signatures, and various web sites and, of course, social media excoriated the school, it reversed its decision.

Skardon informed the public in a letter to the editor of Virginia Law Weekly, saying:

“I would like to thank every person who signed my petition, wrote a letter, or shared my story. I am very moved at the outpouring of support and cannot thank each one of you enough. In less than a day, I received over 140 emails and 5,700 signatures.”

Unfortunately, there is a material difference between behaving ethically from the outset and only doing so after being metaphorically pummeled for a wrongful decision and reversing it out of self-interest. Continue reading →

Yeah, “We’re All In This Together,” Except When Officious Fools With A Little Bit Of Power Have Dead Ethics Alarms, As They So Often Do.

/ Jack Marshall / 10 Comments

 

….that is, if this infuriating story is true, which it might not be.

On an American Airlines flight with just eleven passengers, Yahoo! tells us, the flight attendants made all eleven sit in the last three rows, next to each other, because if they were allowed to spread out, they were told, it would be the equivalent of an upgrade. All eleven had purchased basic economy tickets. An unnamed American employee apparently revealed the episode, which occurred on March 24. That was the same day American started a new policy, specifically directing flight crew to spread out passengers to minimize the threat of Wuhan virus infection.

Now, as reported, this is mind-meltingly stupid. Some elements do need to be considered, however: Continue reading →

Ethics Observations On A Case Study In Combining Bad Journalism With Bad Science

/ Jack Marshall / 45 Comments

Yes, it’s the New York Times again. I use that paper for the majority of the Ethics Alarm unethical journalism posts for a few reasons. One is that the paper comes to my door every day, so I read a lot of articles that I might miss on the web.  Another is that the Times is the most successful and influential newspaper in the country,  and its work is more closely followed and more criticized than any other paper, and most news sources generally. The Times also advertises itself as the nation’s “paper of record,” placing itself on a pedestal with standards of integrity and reliability that it is obligated to meet….and does not. Finally, the paper is unacceptably biased in its political coverage and editorial product.

Today’s “Where America Didn’t Stay Home Even as the Virus Spread”  is far from then times at its worst. It is, however, unacceptable and unethical. I’m not even in disagreement with the piece’s main thesis, which is that the regions that have not imposed shelter at home restrictions on the public are at more risk of exploding Wuhan virus cases. That makes sense; that’s even obvious. However, the Times’s main tool in making a case was the map below, which it explained this way:

“Stay-at-home orders have nearly halted travel for most Americans, but people in Florida, the Southeast and other places that waited to enact such orders have continued to travel widely, potentially exposing more people as the coronavirus outbreak accelerates, according to an analysis of cellphone location data by The New York Times. The divide in travel patterns, based on anonymous cellphone data from 15 million people, suggests that Americans in wide swaths of the West, Northeast and Midwest have complied with orders from state and local officials to stay home.”

Continue reading →