Health and Medicine

Morning Ethics Warm-Up, 7/12/2018: The Cleveland Indians, “On The Waterfront,” And Garza v. Hargan

/ Jack Marshall / 10 Comments

Good Mornin’!

(I know I’ve posted this “Singin’ in the Rain” showstopper more than once, but it makes me happy, so there.)

1. From the Cleveland Indians, a Robert E. Lee moment: As the Cincinnati Reds were threatening, with two outs, the bases loaded and the Indians clinging to a 4-3 lead, Tribe manager Terry Francona wanted to bring in left-hander Oliver Perez to face left-handed Reds slugger Joey Votto , the book move, a classic left on left matchup.  But pitching coach Carl Willis thought he heard Francona tell him to summon right-hander Dan Otero.“He thought I said O.T.,” Francona said, using Otero’s nickname. “I said O.P.” With the advantage of facing a right-handed pitcher (most lefties hit righties better) Votto promptly hit a three-run double off Otero, giving the Reds a 6-4 lead.

Even though it would have made no sense for Francona to ask for Otero, the manager emulated Robert E. Lee’s fine leadership moment, meeting with his battered troops after they were shot to pieces in Pickett’s Charge and telling them, “It was all my fault.” “It falls on me,” he told the press. “I actually talked to the team and told them that I thought I messed up.”

Some wags have suggested that the decline of creative baseball player nicknames was really at fault. If Francona had called for Vinegar Bend, The Big Train, , The Monster or “Death to Flying Things,” nobody would have been confused.

2. Forget the dishonest narrative and spin: here’s what really happened in Garza v. Hargan: No, Judge Brett Kavanaugh, President Trump’s eminently qualified nominee to fill retiring Justice Kennedy’s seat on the Supreme Court, did not try to block an illegal immigrant teen from having an abortion, as the desperate fear-mongering Democrats are claiming. 

In October 2017,  the ACLU filed suit against the Trump administration on behalf of “Jane Doe,” a pregnant teen from Cnetral America who had been arrested while entering the country illegally. Through  her guardian, Rochelle Garza, “Doe” sought release from the federal shelter where she was being detained to obtain an abortion. Eric Hargan, the acting secretary of the Department of Health and Human Services at the time, took the position that the government   had no obligation to facilitate Doe’s abortion.  She had the option of returning to her native country—where she belonged anyway— or being released to a sponsor. A federal trial judge ruled for Doe and the abortion, saying that the government’s refusal to release a minor from custody constituted an “undue burden” on Doe’s constitutional right to an abortion. HHS appealed to the D.C. Circuit, and on appeal, Judge Kavanaugh authored the majority opinion that reversed the lower court’s decision. Here is the crux of the opinion: Continue reading →

From “The Ends Justifies The Means” Files: Senator Feinstein’s Ugly Hybrid, And An Ethics Test For Democrats

/ Jack Marshall / 50 Comments

The test is simple: how unethical are Democrats willing to be, and how flagrantly, as they desperately try to derail President Trump’s nomination to fill the Supreme Court vacancy, when the right to fill such a vacancy is one of the President’s unquestioned powers, as long as his choice meets basic minimum qualification standards?

Based on the recent tweets from superannuated California Senator Feinstein, fighting for her professional life and apparently pandering to the extreme Left as a result, the answer is “Very unethical, unfortunately.”  The Senator tweeted,

“Two-thirds of Americans don’t want women’s access to reproductive health care restricted. President Trump’s SCOTUS nominee could do just that by overturning Roe v. Wade and setting off at least 20 states’ “trigger laws” restricting abortions.

and…

“Overturning Roe v. Wade would take us back to the days of women being severely injured and dying because they can’t get basic medical care. We’ve come too far to go back to those days.

These are both ugly hybrids designed with malign intent, kind of like the Indoraptor in “Jurassic Park II,” except the components of the vile mutation in this instance aren’t a T-Rex and a Velociraptor, but misrepresentation and fear-mongering.

1. President Trump’s (at this point) un-named nominee can’t “overturn” anything; only the full court can do that. He or see could  ride in the Kentucky Derby, I suppose. Any of Obama’s appointees “could” also “overturn” Roe, if enough Justices went along with them. In a case presenting that possibility. Of which there are none currently before the Court. And which may not get before the Court.

Ethics offense: Deliberately making the public more ignorant. And fear-mongering.

2. Feinstein is falsely using “reproductive health care” as a substitute for “abortion.” They are not the same thing.  I don’t know what polling results the Senator is referring to, but if it involved “reproductive health care,” it wasn’t about abortion specifically. Pew, which is the closest thing we have to a fair and non-partisan survey organization, found only 25% of the public wants abortion to be legal in all cases, which is what no restrictions on access to abortion means, assuming Feinstein’s ” “reproductive health care” is the deceptive code it appears to be. (If she really means “reproductive health care,” she’s nuts. Who has ever stated an opposition to “women’s access to reproductive health care”?)

Ethics offense: Dishonesty. Deceit. Obfuscation. Misuse of statistics to confuse rather than clarify.

And fear-mongering.

3. The second tweet is irresponsible and flat-out false. Overturning Roe-–in that yet to be identified future case that has gone through the lower courts and poses the issue in a way that a majority of the Court deems appropriate for review, with the result accomplished by the presumed vote of the unidentified Justice who, like the rest of the yet to be assembled Court majority, will determine the case without regard for the facts or established law, stare decisus or the outcome of oral arguments—would not do anything but return the determinations of policies regarding what restrictions, if any, will be placed on abortion to the states, and to the voters in those states, with the results very much in doubt.

Ethics offense: Deliberately making the public more ignorant. Dishonesty. Deceit. Obfuscation.

And fear-mongering.

No elected official who deliberately engages in dishonest tactics like this can or should be trusted by the public with power or influence. We should all keep close watch on how much lower abortion advocates are willing to go. For the ends do not justify the means, and politicians, parties, and party leaders who signal otherwise are a menace to democracy, no matter what the issue may be.

 

The Yankees Demonstrate How Athletes Get Brain Damage

/ Jack Marshall / 3 Comments

During last night’s game against the Phillies,  New York Yankees left fielder Brett Gardner crashed into the wall  making a terrific catch. He fell to the ground, clearly stunned, then got to his feet, shaking his head like a cartoon character after being conked on the noggin.

Baseball’s concussion protocol requires that a game be stopped and a player evaluated on the field by a trainer if there is an episode that carries a substantial risk of concussion. If the trainer detects any signs of a concussion, the player must be removed and examined further. None of this happened after Gardner’s collision with the wall. He finished the game, going hitless.

Asked about his head later, Gardner said that he felt good. But the protocol isn’t up to the player, nor should it be. Players often refuse to acknowledge injuries, and Gardner is the perfect example of the kind of player who won’t. He is famously tough, and he is also a veteran on a Yankee team with several hungry young outfielders who would love to take his job. It was a Yankee first baseman, after all, who took a rest for one game and lost his job to Lou Gehrig,  permanently. Nobody wants to be the next Wally Pipp. Continue reading →

Regarding National Institute for Life Advocates (NIFLA) v. Becerra

/ Jack Marshall / 35 Comments

The Supreme Court ruled today that California could not require that pregnancy resource centers (PRCs) promote abortion services on their premises. The  law doing so, the 5-4 majority held, is forced speech. (A law couldn’t make the PRC’s bake cakes saying “YAY ABORTION!” either, presumably.)

The ruling in National Institute for Life Advocates (NIFLA) v. Becerra holds that by imposing the law, California created “an unduly burdensome disclosure requirement that will chill [PRCs’] protected speech.”

 California’s 2015 Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act mandated that any facility that provides care to pregnant women must post this notice:

California has public programs that provide immediate free or low-cost access to comprehensive family planning services (including all FDA-approved methods of contraception), prenatal care, and abortion for eligible women. To determine whether you qualify, contact the county social services office at [insert the telephone number].

Fines for violating the law were $500 for the first offense after 30 days, and $1,000 for each subsequent offense.

 Justice Clarence Thomas, writing for majority, concluded that the requirement “alters the content” of the licensed centers’ speech by requiring them to notify pregnant women about the availability of low- or no-cost abortions even though the centers’ goal is to persuade women not to have abortions at all. This could be justified by a “compelling interest,” Thomas wrote, but he noted that there are other ways —an advertising campaign or posting notices on public property near the licensed centers—that would not force the centers to promote the very activity that they exist to stop.

Writes at Amy Howe at SCOTUSblog regarding the law’s application to unlicensed centers: Continue reading →

Morning Ethics Warm-Up, 6/19/2018: Double Standards And Greed

/ Jack Marshall / 132 Comments

Time for a Good Morning song!

1. Life on Facebook. A lawyer friend who should know better posted a comment that began, “You wouldn’t think that posting something like ‘Taking children away from their parents and sticking them in cages is wrong’ would be controversial, but in almost every case where one of my friends has said something like this, at least one of his/her friends feels the need to argue about it…” Later he compared the statement “Taking children away from their parents and sticking them in cages is wrong” to “Torturing kittens is wrong.” I told him that as a lawyer, he should be objecting to and explaining the transparent deceit of “Taking children away from their parents and sticking them in cages is wrong”—a half-truth designed to stifle argument, not attacking those who are correctly pointing out the emotionalism and dishonesty of that tactic.

I should count up the number of lawyers whose comments on Facebook on this issue are pure “Think of the children!” with no substantive legal and policy analysis whatsoever. My friend also made the typical suggestion that only Trump voters—you know: morons—would argue with “Taking children away from their parents and sticking them in cages is wrong” as a fair and conclusive verdict on the current policy.

2. Theranos.  Elizabeth Holmes, founder and CEO of Theranos, as well as Ramesh Balwani, the company’s former president ( and Holme’s love interest, were indicted yesterday on charges of conspiracy and wire fraud. The Theranos debacle is a classic corporate fraud story on par with Enron, if not as wide-reaching.

I missed it. This is embarrassing for an ethics blog, and for someone who thinks he scours various news sources thoroughly enough to catch the major ethics stories. I blame Donald Trump, but I also blame the various news sources in 2015 that chose to report fake news, trivial news, future news and theoretical news rather than give a major corporate scandal the attention it deserved. If I missed the story, and I’m looking for it, what chance do normal people with sensible occupations have?

The civil fraud charges in the case were filed in March by the Securities and Exchange Commission, though the scandal had broken earlier, when the Wall Street Journal published its 2015 exposé.  Holmes and Balwani allegedly raised millions of dollars using false statements about how well the company’s  blood-testing device worked, while using  a contract with the Department of Defense and a partnership between Theranos and the pharmacy chain Walgreens to con pharmacies, doctors and the public. The apparent scam created a Business of Cards that, at its peak, had more than 800 employees and a paper valuation of $9 billion.

There is a book out about the Theranos scandal by the reporter who broke the story… Continue reading →

Ethics Dilemma: What Can Be Done About People Like This? [Poll Included]

/ Jack Marshall / 39 Comments

Hold on to your skulls…

Social media can spread stupidity like a viral plague. Is there anything  ethical and constitutional  that can be done to protect the imperiled children addled  mothers like this may raise?

[Related Ethics Alarms posts here (feeding kittens a vegan diet) and here (dogs).]

Weekend Ethics Warm-Up, 6/9/18: PART II, The Bee-Free Zone…Facebook Friends Behaving Badly, Stupid Pardon Tricks, More On The Dancing Doctor, And Another “Good Illegal Immigrant”

/ Jack Marshall / 19 Comments

Now that we have the unpleasantness of Samantha Bee out of the way, your gorge is safe. Well, sort of…

2. Short version: “Grow up!” If the long-time theater friend who just defriended me on Facebook is reading (yes, I know who you are), this is a message for all the people who can’t tolerate, or remain friends with, anyone who challenges their anti-Trump fanaticism by pointing out–nicely!– that they sound like lunatics. I know you assume that you are in the warm, comforting womb of a left-wing echo-chamber, but friends don’t let friends write stupid, or shouldn’t. You, let me remind you, stated in black and white that Al Franken was the best hope to defeat Trump in 2020 (See how nice I was? I didn’t even challenge that nonsense!) until Republicans secretly engineered his destruction. I wrote in response that this was tin foil hat stuff, which it is; that implicitly accusing Kristen Gillibrand of being in cahoots with the GOP  was bonkers, which is accurate, and that you should get help, which you should.

Your response was defriend me. Nice.

This has happened with about five theater friends, and in all cases over hysterical assertions that would be only acceptable from a 12-year-old. They, like you, are used to making ridiculous, hyper-partisan statements without being challenged, and regard a dissenting argument as a personal affront as well as the mark of Satan. You should not want to remain deluded, you should want to be called out when you write something idiotic, and you should not react with hostility to a friend who does so in good faith.

What I have learned about the resistance is that their logic, facts and debate skills are fatally flawed or absent. Their only defense against rebuttal is to censor it.

You really should not want to hang out with this crowd, my friend. Get well soon. I mean it.

And shame on you. I don’t deserve that.

3. Google is your friend, Mr. President. Yesterday, President Trump floated the idea of pardoning the late Muhammad Ali, who was famously convicted of draft-dodging during the Vietnam war. Ali, however, needs a pardon as much as I do. (Less, really, since he’s dead.) His conviction was overturned by the Supreme Court as unconstitutional. There is nothing to pardon him for.

This kind of thing is an unforced error that justifiably undermines trust in the President. It’s just inexcusably sloppy—typical, I concede, but sloppy. I don’t blame Trump for not knowing that Ali’s conviction had been reversed: I had forgotten that myself. Making impulsive statements based on flawed information and snap decisions, however, suggests that the President might take impulsive actions based on misunderstandings as well.

Well, he does that, too.

More on pardons: I have seen several news sources, including the New York Times, contrast President Trump’s political “celebrity” pardons with President Obama’s pardons of less high profile Americans. Fake news. At this point in his administration, how many pardons do you think Obama had issued?

None. Zero. Zilch. Continue reading →

Suicide And Ethics

/ Jack Marshall / 56 Comments

Just as we learned about the suicides of two niche celebrities, Celebrity chef Anthony Bourdain and designer Kate Spade, the news media is reporting a massive increase is self-homicide since 1999, over 25%. “Social isolation, lack of mental health treatment, drug and alcohol abuse and gun ownership are among the factors that contribute to suicide,” says the Times. All of that hasn’t increased 25% in less than two decades, however. What has changed?

This:

1. The decline of religion. In Christianity, for example, suicide is a sin, and if you believe in an after-life, a terribly short term solution. People don’t believe in eternal punishment for suicide any more.

2. The end of shame. Suicide was once considered shameful in this culture. For decades, however, suicide advocates have been promoting it not only as a right, but a reasonable option under certain circumstances. Never mind sin: the culture currently teaches that suicide isn’t even wrong.

3. Reinforced narcissism, selfishness, and cowardice. Suicide is a terrible act of aggression against loved ones and associates.  As a member of a family that has suffered through three suicides, I have seen this up close. Suicides leave horrible emotional carnage in their wake. The essence of ethics, which is thinking about the impact of one’s conduct on others, has been gradually eroded in the culture through the dominance and influence of ethics corrupters.

4. Confused and contradictory cultural signals regarding death. Beginning with abortion, through assisted suicide laws in Oregon, our culture is sending strong messages that some people are better off dead. For the unsophisticated, the young and the gullible especially, this new cultural eddy makes suicide far more attractive than it used to be.

5. Celebrity suicides. In a culture that uses performing celebrities as role models, suicide becomes model conduct. Politicians rarely kill themselves, much as we might wish they would.

I don’t see any mystery at all. Suicide rates are increasing because our culture no longer sends the message that suicide is wrong.

“From The Ethics Alarms “Nah, There’s No Mainstream Media Bias!” Files: The Unethical Headline Of The Month

/ Jack Marshall / 7 Comments

Here is the headline in the print version of this New York Times story (which the Times headlines appropriately on-line):

Justice Department Acts Against Protections For People With Pre-existing Conditions

This is as pure an example of journalism deceit and a pernicious variety of fake news as I have encountered. An equivalent headline would be to describe  the ACLU petitioning to overturn a federal ban on “hate speech”  as “ACLU Acts Against Protections for Blacks, Gays and Muslims.”

The individual mandate was always unconstitutional as a penalty, and the Supreme Court was poised to overturn the Affordable Care Act on that basis, until Justice Roberts hit on the brilliant but perverse argument that even though the Obama administration and Democrats had insisted that the device wasn’t a tax in order to get the thing passed, it really was, so it was legal after all. Congress, however, repealed the “tax,” so now that pretense no longer works. The mandate is unconstitutional…again.

I know the Democratic approach to legislation and public policy is increasingly “the ends justify the means” and “the Constitution is just an archaic piece of paper,” but the fact is and has always been that the document is our nation’s (increasingly vulnerable) bulwark against tyranny, and it is the duty of the Justice Department and the courts to oppose unconstitutional, as in “illegal,” measures, even those that appear to solve difficult problems.

If a provision is unconstitutional, it doesn’t matter what benefits it may have. We cannot have a precedent that holds that the Constitution can be ignored for “good reasons.” No reason is good enough. That kind of thinking is how Japanese-Americans ended up in concentration camps under an iconic Democratic President, approved by a liberal Supreme Court.

The individual mandate, without the cover story that it is a tax, violates the Constitution. That’s all we need to know. The ability of insurance companies to cover pre-existing conditions under the ACA becomes impossible without it? Well, we’re just going to have to come up with a solution that isn’t unconstitutional, won’t we?

Deceiving the public into believing that upholding core constitutional principles is excessive and sinister when it blocks otherwise desirable policy initiatives is playing with fire. It makes the public civically ignorant. It places false emphasis on results rather than the rule of law.

It paves the road to totalitarianism.

Saturday Morning Ethics Warm-Up, 6/2/2018: Goodby, Shut Up, My Condolences, WHAT??, And Don’t Say I Didn’t Warn You!

/ Jack Marshall / 10 Comments

Feelin’ groovy!

1.  The Republicans keep robocalling, and the Democrats...keep emailing. I have protested both. However, right now I am really ticked at the Democrats, whose endless lists I have dutifully asked to be deleted from, then been told that my cyber-door would not be darkened by them again, only to have Tom Perez, Nancy Pelosi and Keith Ellison, plus  show up in by in-box the next day. Do they think this direct violation of my privacy along with their own assurances doesn’t reflect on their fitness to govern? If so, they are wrong.

2. Great news! Now you can identify as British for no good reason whatsoever. I love this story: Thomas J Mace-Archer-Mills Esq. and his insight into the British monarchy a regular feature TV  during that royal wedding I missed because of a sock drawer crisis. His website lists  many media appearances, and one article described him as “the most interviewed man” on the subject of the Wonderful Nuptials.

It has now been revealed that Thomas J Mace-Archer-Mills Esq. is really  Tommy Muscatello, a 38-year-old Italian-American who grew up in upstate New York. But he says he  identifies more as  British than American, so there is that.

Now imagine how well anonymous sources are vetted by crack journalists. [Pointer: Curmy)

3. About that “fever”…An esteemed commenter here proclaimed his exit because of Ethics Alarms’ characterization of the so-called (actually “cleverly-called” is appropriate) “Spygate” scandal (here and here), saying that he would be gone until “the fever” had passed as if questioning the integrity of the Justice Department’s Trump investigation/ “resistance” assistance is obviously a partisan delusion. I almost made that post a Comment of the Day, except that I concluded that denial shouldn’t be mocked. It is, after all, the first of the seven stages of grief, and apparently one which Democrats and progressives are stuck in, while others have progressed at least as far as anger (Stage #3), culminating in episodes like a female comic calling the President’s daughter a “cunt” on television to reactions like this.

Anger, however, only makes one seem overcome with emotion. Denial makes us look blind and gullible. I do not understand the Left suddenly trusting the FBI (Hoover? Felt?) and the Justice Department as if they have always been paragons of virtue. This is pure denial, or, if you prefer, ignorance. If anything, there should be a presumption of politicization in the Justice Department, particularly the Obama version and particularly in light of the post-election conduct of its holdovers like McCabe, Comey and Yates. The FBI, meanwhile, is permanently scarred by Comey’s self-celebration tour, his book, his botching of the Clinton investigation, his dubious testimony before Congress, and his probably illegal leaks of classified information specifically to cause problems for President Trump.

A beloved relative, also in denial, actually tried to tell me last week that the astoundingly suspiciously-timed tarmac meeting between Loretta Lynch and Bill Clinton shouldn’t have raised any alarms. She’s a lawyer. She’s brilliant. She’s sincere. She’s also in denial, Stage 5. That was such a perfect example of the appearance of impropriety that a photo of it should be on Wikipedia under “appearance of impropriety.”) When the leaders of the FBI do things like that in the middle of a Presidential campaign, how can someone of good faith and full cranium argue that it’s irrational to question the act of the same people placing a mole in the Republican candidate’s campaign?   This is the pot calling the Corningware black.

Those in denial have their perceptions warped by their own fever, one that causes them to assume, absent any evidence whatsoever, that President Trump must have been working to steal the election. (They also assume he is guilty of other impeachable crimes, they just don’t know which ones.) Hillary lost, you see, and the polls said it was impossible, so he must have cheated. It can’t be that Trump won because he was running against an epically terrible candidate smugly presenting herself as the “third term” of a spectacularly inept and divisive President. It just can’t. Continue reading →