Health and Medicine

Morning Ethics Warm-Up, 6/13/2019: Rhode Island On My Mind Edition

/ Jack Marshall / 21 Comments

 

Providence, Rhode Island

Good morning!

I’m heading up to Little Rhodey in a few hours to once again collaborate with my brilliant Ethics Rock musician Mike Messer before the Rhode Island Bar, as well as to try to back about 7 hours of legal ethics and technology commentary into a 75 minute break-out session.

1. Once again, law vs ethics.The Wisconsin Supreme Court upheld those lame duck laws the GOP legislature passed to hamstring the new Democratic Governor. It is the correct decision. The measures were unethical, but legal, just like Mitch McConnell’s gambit to refuse giving Merrick Garland a hearing, just like Harry Reid’s “reconciliation” maneuver to get the amended Affordable Care Act passed without having to send it  back to the House.

2. Correct, but futile.  From the Washington Post: Continue reading →

Are “Pre-Crime” Measures Absolutely Unethical?

/ Jack Marshall / 14 Comments

Yes.

I guess that would be a too-short essay on an important topic with special contemporary relevance, so I am bound to say more. Nonetheless, I would be more comfortable with my fellow society members and more confident of the future of the the nation if the answer to the title query was universally accepted in absolute terms. For the acceptance of the principle of pre-crime is dangerous. It places less than a spiked mountain-climber’s boot on a slippery slope to totalitarianism, which is the real-life equivalent of the Devil in the scene above from “A Man For All Seasons,” both the play and the movie, based on the writings of Sir Thomas More, in which  More emotionally refuses to arrest a man because of the evil  he might do, before he has actually broken any laws:

More’s Wife: Arrest him!

Sir Thomas More: For what?

Wife: He’s dangerous!

William Roper (More’s Son in Law): He’s a spy.

Margaret (More’s daughter): Father, that man’s bad.

More: There’s no law against that.

Roper: There is – God’s law.

More: Then God can arrest him.

Wife: While you talk, he’s gone.

More: And go he should, were he the Devil himself, until he broke the law.

Roper: So, now you’d give the Devil the benefit of law?

More: Yes! What would you do? Cut a great road through the law to get after the Devil?

Roper: Yes, I’d cut down every law in England to do that!

More: Oh? And when the last law was down, and the Devil turned ’round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man’s laws, not God’s. And if you cut them down – and you’re just the man to do it – do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake.

Few more profound and important thoughts have been so eloquently and powerfully  presented in a motion picture as this scene from “A Man For All Seasons,” to which I will note (again) in passing, “Rotten Tomatoes” gives a lower score than “Birdman,”a fact that provides a disturbing snapshot of the state of our education, culture and priorities in 2019.

Both political parties have placed their feet on this slippery slope in the past. The essence of pre-crime is punishing a citizen for what he or she is, rather than for what he or she has done, on the theory that what an individual is makes that person “dangerous,” in the words of Mrs. More, for what they might do. President Franklin D. Roosevelt (and the Supreme Court that backed him) was responsible for probably the worst example of pre-crime in our history, when the United States, in full panic mode after the bombing of Pearl Harbor, imprisoned loyal Japanese-American citizens as a precautionary measure. Another panic, also not entirely groundless, led to a pre-crime mentality during the Red Scare and McCarthy episodes, seeking to punish Americans who belonged to the dreaded Communist Party, a nonetheless legal organization.

To be abundantly clear, I will define pre-crime as when the government removes a civil right, a Constitutional right, from a citizen, not as punishment for breaking a law, but based on what that individual believes, says, is or is understood to be. Continue reading →

Ethics Quote Of The Month: Ann Althouse

/ Jack Marshall / 14 Comments

“I do think that the argument can be made that the case law establishes that there is one and only one reason that must be the reason for there to be a constitutional right to an abortion (other than to protect her own life or health): The woman must actually believe that what she is destroying is not a person.”

—-Blogger/retired law professor Ann Althouse, commenting on today’s SCOTUS decision in Box v. Planned Parenthood of Indiana and Kentucky.

The Supreme Court  rendered a split decision on Indiana’s contested abortion law. The Justices upheld  part of Indiana’s 2016 law placing  restrictions on the disposal of fetal remains after an abortion, but left the  part of the law overturned that would have prohibited women from choosing the procedure after of a diagnosis or “potential diagnosis” of Down syndrome,  “any other disability,” or because of the fetus’s gender or race.

Justice Thomas wrote a dissent taking issue with the latter, writing in part, Continue reading →

From The “Easy Ethics Questions That Some People Think Are Hard” File: “Should A Father Warn His Daughter’s Boyfriend That She’s A Sociopath?”

/ Jack Marshall / 16 Comments

Of course not.

On the the sub-Reddit “AmITheAsshole” board,  a father consulted the group as to whether it would be  wrong for him to warn daughter’s fiancé-to-be  that she’s been diagnosed  as a clinical sociopath. She is  attracted to her boyfriend, he said, she has told him in the past that  she doesn’t feel love or empathy towards anyone, nor guilt or  grief.  Yup, that sounds like a sociopath, all right. A doctor diagnosed the daughter as suffering from antisocial personality disorder at age 18.

“She exhibited odd, disturbing behavior at a young age, and after a serious incident of abuse towards her younger sister, I realized she needed professional help,” Dad wrote. “Throughout her elementary years she struggled heavily, getting in lots of trouble in school for lying, cruelty, and all other types of misbehaviors. With an enormous amount of therapy and support, her bad behavior was minimized as she grew older.”

Her boyfriend has no idea, the father believes, what kind of person he will be marrying, and the father believes that he has a right to know, saying,  “I really like and respect this young man, and would feel awful keeping this ‘secret’ from him, and letting him walk into a marriage without this piece of knowledge.”

Yet since her diagnosis, the daughter seems to have her behavior under control. She has a good job, successfully navigated through college and has  many friends. She is also popular on the dating scene.

The Reddit participants seem to have been flummoxed by the father’s dilemma. I’m not. The ethical course is clear. Continue reading →

The Left Is Going Nuts Over The Alabama, Georgia And Ohio Abortion Bills. It’s Hard To Like Them (Or Respect Them) When They Are Going Nuts

/ Jack Marshall / 40 Comments

Last week, CNN legal analyst Jeffrey Toobin, who was once a respectable, perceptive commentator  but who has apparently been driven over the edge by Donald Trump,  claimed that the Alabama Human Life Protection Act will end Roe v. Wade. As I have written here, the law is 100% unconstitutional based on existing law. I doubt that it will even reach the Supreme Court. It will be struck down in lower Courts, and SCOTUS will decide that there is no legal controversy. Toobin, however, decided to use his perch to fearmonger, and shamelessly:

“Roe v. Wade is gone and every woman in Alabama who gets pregnant is gonna be forced to give birth soon. And that’s gonna be true in Alabama, it’s gonna be true in Missouri, it’s gonna be true, probably, in Georgia. And that’s what the law is because that’s what the Presidential election was about, in part, last time.”

Let’s see: false, highly unlikely, false, false, and false. Nor can anyone seriously argue that the 2016 election was “about” abortion. The Pew Research Center polled voters about their top concerns, and here were the results:

I count abortion as 11th on the list. Toobin’s statement is fake history and fake news. It is simply false. He blathered on…

“This is what this fight has been about, for years. I think the legislators were very smart, they waited until they got five votes on the Supreme Court and now they’re gonna push this thing through. And Brett Kavanaugh and Neil Gorsuch are gonna be joined by Chief Justice Roberts and Clarence Thomas and Samuel Alito, and this is a victory that Rick (Santorum) and others have been fighting for decades and they’ve won and they should celebrate.”

I don’t know why Toobin just didn’t scream, “ARRRRRGH! WE’RE DOOMED! DOOMED!” and leave it at that. He has no idea how the justices will vote, and since he has proven himself of late to have become an hysterical, partisan hack, there is no reason to take his analysis seriously.

More seriously, however, than model Emily Ratajkowski, whose protest of the Alabama law involved  posting a nude photo of herself on social media, which she has done before when there wasn’t an abortion bill to protest. I think she just likes posting nude and near-nude photos of herself, not that I can blame her. This isn’t quite nude, but you get the idea…

Boy, THAT will punish those men who don’t respect female autonomy!

Emily wrote this to accompany her “punishment”:

“This week, 25 old white men voted to ban abortion in Alabama even in cases of incest and rape. These men in power are imposing their wills onto the bodies of women in order to uphold the patriarchy and perpetuate the industrial prison complex by preventing women of low economic opportunity the right to choose to not reproduce. The states trying to ban abortion are the states that have the highest proportions of black women living there. This is about class and race and is a direct attack on the fundamental human rights women in the US deserve and are protected by under Roe vs. Wade.”

Our bodies, our choice.

Well, you just have to do better than that, and if you can’t, then  shut up. (And remember, I do not advocate overturning Roe at this point.)

  • Attacking legislators for their age and gender marks the model as a hypocrite and a bigot, though a common variety within the current American Left.
  • I’ve discussed the “incest and rape” fallacy here many times. If the issue is human life and when it begins, incest and rape are irrelevant to the discussion. A life is a life, and how or why it begins doesn’t change the value of the life. When someone signals that they don’t comprehend this, that tells me, and should tell everyone, that they haven’t thought very hard about what they are protesting, or that they aren’t very bright. Either way, if an advocate on either side of the debate goes in that dumb direction, I’m disregarding them. It’s static and ethics pollution.
  • “Uphold the patriarchy” is another bit of nonsense cant, about as serious or persuasive as the lyrics of “Imagine.” It is a buzz phrase for anti-male bigotry, nothing more, nothing less.
  • These men are asserting the government’s duty to protect the lives of citizens. Their position is that when women use their bodily autonomy to kill an unborn child, that should be considered a crime, just as when they use their autonomy to shoot someone. The only way someone like Ratajkowski can claim that the objective of such laws is to oppress women is to completely ignore the other life involved in this ethical conflict. Doing so  is intellectually dishonest or stunningly ignorant.
  • If these laws are rooted in racism, why would they seek  to protect the disproportional number of black fetuses aborted in those states?
  • Women can choose not to reproduce, completely effectively, right now. Nobody is telling any woman she has to reproduce. See, Emily, “The Handmaiden’s Tale” is fiction, just like “The Walking Dead.” The idea is that if you have created a living human being, you can’t then kill it or delegate killing it to someone else, no matter how much hardship avoiding the murder option might mean. Starting that prohibition from conception is unworkable, but later? That’s a utilitarian necessity.
  • The fundamental human right that must take precedence over all others is the right to live.

 

I Guess I Shouldn’t Feel Badly About Facebook Banning Ethics Alarms…

/ Jack Marshall / 7 Comments

…since the social media giants are slowly but surely revealing their true nature as machines of speech and viewpoint censorship, and social control.

Today’s Big Brother avatar: Twitter.

Ray Blanchard, Ph.D., a respected psychologist and adjunct professor at the University of Toronto was blocked on Twitter for expressing his opinion informed by clinical experience. His articulately and civilly presented  position was flagged for “hateful conduct.”

The professor served on the working group for gender dysphoria (the persistent condition of identifying with the gender opposite your biological sex) for the DSM V, which contains the official definitions that assist psychologists diagnose patient disorders. Over the weekend, he  tweeted his professional conclusions on transgender identity.

My beliefs include the following 6 elements: (1) Transsexualism and milder forms of gender dysphoria are types of mental disorder, which may leave the individual with average or even above-average functioning in unrelated areas of life. (2) Sex change surgery is still the best treatment for carefully screened, adult patients, whose gender dysphoria has proven resistant to other forms of treatment. (3) Sex change surgery should not be considered for any patient until that patient has reached the age of 21 years and has lived for at least two years in the desired gender role. (4) Gender dysphoria is not a sexual orientation, but it is virtually always preceded or accompanied by an atypical sexual orientation – in males, either homosexuality (sexual arousal by members of one’s own biological sex) … or autogynephilia (sexual arousal at the thought or image of oneself as a female) (5) There are two main types of gender dysphoria in males, one associated with homosexuality and one associated with autogynephilia. Traditionally, the great bulk of female-to-male transsexuals has been homosexual in erotic object choice. (6) The sex of a postoperative transsexual should be analogous to a legal fiction. This legal fiction would apply to some things (e.g., sex designation on a driver’s license) but not to others (entering a sports competition as one’s adopted sex).

This clinical opinion by a qualified expert was reported by at least one, probably many, Twitter users who, like the growing number of progressives within the Leftward social movement, believe that their power and control of society will arrive more swiftly if dissent and contrary views are marginalized, suppressed, and branded as hate speech. Twitter swiftly complied. The professor was silenced. His position was a thought crime: it would not be permitted in the interests of “the greater good.”

Fortunately, Ray Blanchard is internationally known, and Twitter’s tactic shook some nests with pretty big hornets inside. Helen Joyce, an editor at The Economist, wrote,

“Ray Blanchard served on the gender dysphoria working group and chaired the paraphilia working group for DSM V,” Joyce tweeted. “He is a world expert in the field. Twitter has just suspended his account for a thread setting out his findings from A lifetime of research. Unreal.”

Jesse Singal, contributing writer at New York magazine, wrote,

“Gender dysphoria is in the DSM-5. Despite endless rumor-mongering and misinformation to the contrary, it *is* considered a mental disorder. Maybe it shouldn’t be! But it’s beyond insane to suspend someone for expressing an opinion which lines up with the DSM. I have less and less faith that, as a journalist who often writes about science, I will be able to continue using Twitter without getting punished for communicating scientifically accurate information.”

There were many more who condemned Twitter’s nakedly political act. Oops! I guess we were a bit aggressive there! Better retrench, or everyone will be on to us!

After 24 hours, Twitter restored the professor’s account, and said it had made “a mistake.” The mistake, I submit, was that it jumped the gun in the Left’s rush to install totalitarian speech suppression. We’re not quite there yet. Facebook can block Ethics Alarms, because Ethics Alarms lacks allies in high places. If the social media platforms just quietly, incrementally pinch-off dissenting voices that challenge the tactics, distortions and actions of those representing “the right side of history,” the frog will be boiled before anyone notices.

If Twitter and Facebook were serious about supporting free speech, they would suspend the accounts of users who abuse the reporting system, and use it to stifle opinions they disagree with.

__________________________________

Pointer and Source: Tyler O’Neil

Morning Ethics Warm-Up, 5/14/19: Tlaib And Kavanaugh.

/ Jack Marshall / 68 Comments

Good morning,

I hope…

1 Social Q’s ethics. I’m whomping the advice columnist in the Ethics Alarms poll regarding whether complimenting someone on weight loss can be reasonably taken as offensive by the object of praise. Looking at the same column, I have decided that Mr. Gallanes was just having a bad day. Another inquirer complained that he sleeps with her bedroom window open, and is often awakened in the morning when the next door neighbor takes his dog out for a 5 am walk, a ritual, she says, that is always preceded by his “disgusting” coughing. The advice columnist suggested that she ask him to do his disgusting coughing inside. Yeah, THAT will go over well. If you insist on leaving your window open, you have no standing to protest sounds that would not be heard if you kept it closed. Given the choice between waking one’s spouse with the morning hacking that most men of a certain age can identify with, and getting all the morning phlegm up while walking the dog, the latter is the wiser and more ethical choice.

2. Supreme Court ethics and pro-abortion fear-mongering.

a.) Somehow it was reported as news akin to squaring the circle that Justice Kavanaugh joined with the four typically liberal justices in a 5-4 ruling yesterday that left Thomas, Gorsuch, Roberts and Alito licking their wounds. This is non-news. It was a dishonest partisan smear on Kavanaugh to suggest that he would be a mindless puppet in lock-step with conservatives on every issue. Justices consider cases in good faith, and the fact that their judicial philosophies make some decisions predictable doesn’t mean, as non-lawyer, non-judge, political hacks seem to think, that they will not judge a case on its merits rather than which “side” favors a particular result.

b) Kavanaugh did join the conservative justices in a ruling that overturned a 1979 case in which the Court had allowed a citizen of one state to sue another state. This decision, being a reversal of an older case, immediately prompted the publication of fear-mongering op-ed pieces warning that the evil Court conservatives, having re-read and enjoyed “The Handmaiden’s Tale,” were slyly laying the ground for a Roe v. Wade reversal with a case that had nothing whatsoever to do with abortion. Don’t you see? Stare decisus is the SCOTUS tradition that older cases will generally not be overturned by later Courts, lest Constitutional law be seen as unstable and too fluid to rely on. Garbage. Stare decisus has never been an absolute bar to reversing a wrongly decided case, so no new affirmation of that fact is necessary. In addition, the case overturned yesterday was a relatively obscure case that seldom comes into play, exactly the kind of case in which a reversal is minimally disruptive. Roe, on the other hand, has become a foundation of supporting law and social policy. That doesn’t mean it can’t be overturned, but it does mean that the protection of stare decisus is strong. Continue reading →

Poll: The Feel-Bad Compliment

/ Jack Marshall / 22 Comments

“Different? No, you look the same as ever to me! Did you change your hair?”

Phillip Galanes’ “Social Q’s” column in the Sunday Times had what I thought was a strange complaint. A woman who had a long history of yo-yo weight loss said that when she was losing weight, she found the typical compliments she received from friends and co-workers offensive:

“You look so great!” “I hardly recognized you!” I hate these remarks. I’d like to respond: “Thank God I’m not so fat and ugly and gross anymore, right?” Or: “My body is none of your business.”

She said that she was currently in a weight-losing phase and responding to the well-intentioned comments with a simple “thanks,” but asked for advice from Gallanes regarding a better response. I was astounded to find that he sympathized:

Better to ignore the comments, or change the subject, than endorse them with gratitude.

I don’t think a reasonable person would be offended, though, if you said: “I know you mean well, but your comments about my body and weight bother me. I wish you wouldn’t make them.” Or even more directly: “Let’s skip my body as a subject for conversation. It makes me uncomfortable.” You’re allowed to be straight with people, Heather. And your feelings are justified.

Now, to the scores of letter writers who will complain that my ridiculous political correctness is getting in the way of giving simple compliments: Dudes, your “compliments” are hurting people’s feelings! So, maybe, back off your impulse and consider the unintended consequences of your so-called flattering remarks.

Continue reading →

Family Ethics: Three Kennedys Choose The Public Good Over Family Loyalty. Excellent.

/ Jack Marshall / 7 Comments

Three members of the fabled Kennedy Clan, that of Joseph P. and Rose, JFK, RFK and Ted, Caroline and the Late John-John, and all the rest, have publicly rebuked their vocal anti-vaxxer family member, Robert F. Kennedy Jr. in a statement signed by his siblings Kathleen Kennedy Townsend and Joseph P. Kennedy II, as well , Maeve Kennedy McKean, who is the executive director of Georgetown University’s Global Health Initiatives, and calls RFK jr, “Uncle Bob.”

Kathleen Kennedy Townsend is the former lieutenant governor of Maryland and the former chair of the Global Virus Network. [Full disclosure: she was also a resident in my undergrad House, Lowell House,  while I was in college, and we knew each other a little bit] and Joseph P. Kennedy II, a former member of Congress from Massachusetts, is the chairman and president of Citizens Energy Corporation.

Beginning with an overview of the harm caused by  Americans avoiding vaccines, including the current measles outbreak, the three write in Politico,

These tragic numbers are caused by the growing fear and mistrust of vaccines—amplified by internet doomsayers. Robert F. Kennedy Jr.—Joe and Kathleen’s brother and Maeve’s uncle—is part of this campaign to attack the institutions committed to reducing the tragedy of preventable infectious diseases. He has helped to spread dangerous misinformation over social media and is complicit in sowing distrust of the science behind vaccines.

We love Bobby. He is one of the great champions of the environment. His work to clean up the Hudson River and his tireless advocacy against multinational organizations who have polluted our waterways and endangered families has positively affected the lives of countless Americans. We stand behind him in his ongoing fight to protect our environment. However, on vaccines he is wrong.

And his and others’ work against vaccines is having heartbreaking consequences. The challenge for public health officials right now is that many people are more afraid of the vaccines than the diseases, because they’ve been lucky enough to have never seen the diseases and their devastating impact. But that’s not luck; it’s the result of concerted vaccination efforts over many years. We don’t need measles outbreaks to remind us of the value of vaccination.

It is impossible to overstate what a stunning departure this joint essay (titled “RFK Jr. Is Our Brother and Uncle. He’s Tragically Wrong About Vaccines”) is from the traditions and practices of the Kennedy Family. It, they, all of them, have guarded the Kennedy name and legacy like Cerberus at the gates of Hell. They have intimidated historians, artists, government officials, prosecutors and others from actions and revelations that would expose the ugly (ugly, oh-so ugly) side of  many of the family’s most celebrated members.

I directed the first professional production of a drama about the Cuban Missile Crisis that avoided or debunked the various myths carefully embedded in the official narrative to make President Kennedy the hero of the event, when he most definitely was not.  The play had been blocked by the Kennedys twice. Continue reading →

Quick Ethics Takes Because I Don’t Have Time For Longer Ones Right Now: More Facebook Wars, Buttigieg Gets #MeTooed, And An Ethics Mess…

/ Jack Marshall / 30 Comments

—Pete Buttigieg has been accused of sexual assault. Of course he has. No white male will be allowed to threaten the presumed right of a woman—some female Democrat to try to accomplish what Hillary could not. When did I first point this out? It was a long time ago. #MeToo is now a political weapon that has less to do with exposing sexual assault and harassment than it does with giving women and progressives a way to destroy anyone they need to.

—More on the Facebook wars….This morning I wrote about my infuriating back and forth with Facebook SJWs who claimed that the President calling Robert E. Lee a “great general” was a white supremacy dog whistle. Others have joined in, citing the fact that 31 states have statutes honoring  Lee as “proof” that the only purpose of the honors were to “intimidate blacks.” “Why not just the Confederate states?” they asked. Why? Because Lee isn’t just important because he was a Confederate general, that’s why. He was an important figure in American history, ethics, education, and military innovation.

Until Lee was targeted by the Left, he was nearly universally regarded as a complex, perhaps tragic, major American force and role model for since 1865.  I’m not a Lee fan, but he deserves to be honored if for no other reason than because he personally vetoed the plan to take the war into the hills, and use guerilla tactics to make  defeating the Confederacy too long a process for the North to sustain. His noble acceptance of full responsibility for the defeat of Pickett’s Charge, exonerating his men (“It was all my fault!”) is a military and American leadership cornerstone, emulated by General Eisenhower in his note, never used, accepting full responsibility for the Allies defeat at D-Day.

—-But here, as they say, is the beauty part. At the same time, elsewhere on Facebook, I was chastising a friend who said that he couldn’t support Biden until he publicly apologized to Anita Hill. Of course, nobody should apologize to Hill, who engineered a despicable  ambush designed to run the career and reputation of her long-time patron, Clarence Thomas, because he dared to be a conservative jurist. To make my friend’s statement even more ridiculous, while there was never any confirmation of Hill’s allegations of sexual harassment, Biden has been blithely going through life, harassing one woman after another, but meaning well. But I digress. Continue reading →