Abortion, Ethics, and Whole Woman’s Health v. Hellerstedt

protest SCOTUS

The Supreme Court heard arguments yesterday in a major abortion case, Whole Woman’s Health v. Hellerstedt. The case was brought by several Texas abortion clinics and three doctors who perform abortions in the state. They seek to strike down two restrictions in a law enacted by the Texas Legislature in 2013 that requires all abortion clinics to meet the standards for “ambulatory surgical centers,” including regulations concerning buildings, equipment and staffing, and also requires doctors performing abortions to have admitting privileges at a hospital.

Abortion rights groups argue that the restrictions are expensive, unnecessary and specifically designed to put many of the clinics out of business. In fact, the law has already caused many clinics to close. The number of abortion clinics in Texas has dropped  to about 20 from more than 40.

The Supreme Court will measure the law against the court’s 1992 decision in Planned Parenthood v. Casey, which held that states were not permitted to place undue burdens on the constitutional right to an abortion before the fetus was viable. Undue burdens, include “unnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion.”

Legally, it’s a tough case, like all SCOTUS cases. Ethically, it’s pretty repugnant. All of the supporters of the bill, including the drafters, are adamantly anti-abortion, though the law is ostensibly aimed a making abortions safer. While the briefs to the court argue that the restrictions were put in place to foster safety, it’s a sham argument, crafted to meet the Casey test. Make no mistake about it: the purpose of the law is to make abortions as difficult to get performed in Texas as possible. There are literally no lawmakers behind the law nor supporters of the law who don’t want abortion banned. What a coincidence! Yesterday, at the huge demonstrations in front of the Court, the groups weren’t divided into  “Safer abortions” and “More accessible abortions.” The armies were pro- and anti-abortion, and intensely so. Thus the Supreme Court is going to decide if a law designed to interfere with a Constitutional right should be upheld because it can be justified on legitimate medical safety grounds.
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Ethics Observations On Talia Jane’s “Open Letter” To Yelp

Talia Jane. Get used to seeing this face over the next 15 minutes or so...

Talia Jane. Get used to seeing this face over the next 15 minutes or so…

The story: A 25-year-old entry level Yelp (at Eat24, which is owned by Yelp) customer service agent named Talia Jane posted an article to the social media site Medium titled, An Open Letter To My CEO.  Addressed to “Jeremy,” Yelp Chief Executive Officer Jeremy Stoppleman, Jane’s epistle was a long. angry, often sad, more often snarky lament about her low compensation, current poverty, and lack of satisfaction with her job;  her personal hardship as she struggled with Bay Area living expenses like rent, food, electricity, internet, transportation; and her criticism of company policies and Stoppleman’s millions (Yelp was his creation.) The letter quickly went viral, especially among Bernie-files and on left-leaning websites, as the post was a rant against the lack of a living wage and greedy corporations generally. A couple hours later, Talia posted an update that she had been fired, and Stoppleman responded to some of her concerns on Twitter, protesting that he and his company were not as callous as she claimed. Stoppleman also tweeted that he was uninvolved in her firing and it was unrelated to the Medium post.

Observations:

1. Of course, Yelp had to fire her. Any company, large or small, would and should fire a low level employee who intentionally attacks her employer and the company’s CEO in a public forum. That the letter was read far and wide just sped up the process. The Bernie Brats, being so ignorant of the way of the world that they actually believe Sanders’ Socialist fantasies, naturally faulted Yelp for her fate. In Bernie World, you see, everyone is guaranteed a job, even after they go out of their way to embarrass the people who write their paychecks, or so they appear to believe.

2. Jane wrote that her firing was “unplanned” but not unexpected. I don’t believe that for a second; in fact, the statement is contradictory. She wrote a 2500 word attack on her employer and posted it online, and says she “expected’ to be fired. When you take deliberate action that you know will have a specific result, that’s a plan. The plan is to get out of a job she hates and that doesn’t advance her desired career—apparently to be a highly paid web commentator and wit—by making herself into a sympathetic celebrity long enough to exploit her fame and re-boot her ambitions. Isn’t that obvious? I’m sure that Talia is being booked on radio and TV shows as I write this. For her plan to work, however, she has to lie about her intentions in writing the letter. To some extent, I admire her audacity, and the plan may work. But this is The Saint’s Excuse: she made a deal with Yelp; they held up their end of it; she miscalculated, she was dissatisfied, so she made Yelp a public target for her own benefit.  Unethical. It is also the rationalization called Ethical Vigilantism: she thinks this is right because she deserves better, and is justified betraying her benefactor.

3. I wouldn’t trust Talia Jane to run my lemonade stand. Continue reading

Ethics Quiz: Therapist Biases And Ethics Confusion

(Boy, does this freak disgust me...)

(Boy, does this freak disgust me or what...)

The Tennessee Senate’s Senate Health and Welfare Committee members have overwhelmingly approved a proposed bill that seeks to protect  therapists from 2014 changes in the American Counseling Association’s Code of Ethics. The Code decrees that “counselors refrain from referring prospective and current clients based solely on the counselor’s personally held values, attitudes, beliefs and behaviors.” The bill, however, will allow practitioners to refuse to accept a patient without legal or professional penalties as long as they refer the individual  to another qualified professional.

The Tennessee Association for Marriage and Family Therapists opposes the legislation, saying “This bill is in direct opposition to the ethical code of the American Association of Marriage and Family Therapy and potentially harmful to clients,” the group said in a statement. “Our mandate to do no harm to the consumer, we believe, would be violated.” A therapist who testified before the committee opined that “they can keep their belief system and still offer good counseling but not based on their religious beliefs.” Others have objected to a legislative body dictating professional ethics.

Your Ethics Alarms Ethics Quiz today is…

Is the proposed bill reasonable and ethical, or just a way to allow bigoted counselors to discriminate?

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Anti-Abortion Deception And The Saint’s Excuse

Family Planning

Both of the extreme positions in the abortion war use the Saint’s Excuse, the historically destructive rationalization that roughly translates as We know what’s right, so we will shamelessly lie, cheat, steal, and commit mayhem to make certain our virtuous position prevails.” Prominent employers of the Saint’s Excuse past and present include Mao, the Spanish Inquisition, ISIS, and Ted Cruz’s marketing consultant, among others.

From the pro-abortion side, we saw NARAL embrace The Saint’s Excuse when, in the middle of its orgy of self-humiliating political correctness during the Super Bowl—NARAL said this ad was “transphobic” (the word they were looking for is “silly”)—

—it condemned a Doritos ad for “humanizing fetuses.”

Imagine that! Humanizing a growing organism with human DNA, created by two human beings that will, unimpeded, grow up to be a human being itself! The Horror.

That was just intellectually dishonest, however. What anti-abortion Pat Lohman is doing in her battle against abortion is far, far worse.

Until a few months ago, Amethyst Health Center for Women, one of Northern Virginia’s few abortion clinics, helped women considering abortions in Manassas. Lohman moved her crisis pregnancy center, AAA Women for Choice, right next door. Does “Women for Choice” sound like an anti-abortion organization to you? No? Well, that’s the idea, you see. Pat Lohman wants women seeking abortion to wander into her operation by mistake, where they will be told horror stories about abortions gone wrong and be pressured into changing their minds with “pamphlets, pleas, prayers, promises of help, used baby gear, bloody imagery, [and] God” until they either capitulate or leave.

Now, however, this unethical deception by the pro-life activist has moved to a new and even more dishonest stage. The operator of  Amethyst Health Center retired and the service closed.  Lohman and her allies bought the property using a surrogate (According to property records,  it now belongs to the Indiana-based Blessed Virgin Mary Foundation) so the abortion provider didn’t suspect their purpose before the title passed. Today everything about the abortion clinic seems the same as ever, except there is no way to get inside. The clinic’s Google ads are still live, and the phone number is still connected. When women dial that number, however, the call is forwarded to AAA Women for Choice.  If a woman seeking an abortion comes to the abortion clinic directly, she will try the door, find it locked, then go right next door, into the clutches of lying Pat Lohman and her devoted, virtuous, saintly minions.

Gotcha! Continue reading

The Unethical Face Of Martin Shkreli

Smirk

The face above belongs to Martin Shkreli, who was subpoenaed to testify before Congress over  last September’s decision as CEO of Turing Pharmaceuticals to raise the price for Daraprim, an antiparasitic commonly used to treat HIV patients, from $13.50 to $750 a pill. Shkreli bought the 60-year-old drug from Impax Laboratories in August for $55 million and swiftly raised its price. Three months later he stepped down from that position in December following his arrest on securities fraud charges. He is now free  on $5 million bail.

He is probably the less able to justify that face above, which he displayed to the elected representatives of the United States of America  on earth while refusing to testify, repeatedly citing his Fifth Amendment right not to incriminate himself. Nobody could justify that face, of course; not a ten year old brat, and definitely not a greedy, narcissist corporate executive and predator. In a setting where he should be humble and remorseful, he was defiant and disrespectful. The face is an affront to the entire nation and everyone in it. Continue reading

Ethics Alarms’ All-Time Greatest Hits

AllTimeGreatestHits

I am listing these because one of the past posts that keep drawing readers is going nuts today: the 2013 essay about the horrible Wanetta Gibson, who sent Brian Banks, a young man with a bright future to prison by falsely accusing him of rape when she was 15. If anyone has any idea why this would be, let me know; as far as I can find out, there are no new developments in the case.

It is gratifying that so many Ethics Alarms posts continue to find new readers. Here are the top ten that have “legs,” and my assessment of why.

1. The Rationalizations List. That’s no surprise, since I link to it so frequently, and it is also frequently updated.

2. Wanetta Gibson Is Even Worse Than We Thought

3.The Amazing Mouthwash Deception: Helping Alcoholics Relapse For Profit. I am proud of this one. The use of mouthwash by alcoholics is epidemic, yet now, as in 2010 when I wrote this, almost nobody who isn’t a drunk is likely to know it. This makes it easy for closeted alcoholics to hide their illness, and continue to harm themselves by gulping 54 proof liquor out of various convenient containers or their caps, which are coincidentally shaped like shot glasses. Incredibly, the Ethics Alarms post is still one of the few references on this problem on the web. As you will read, I think the makers of mouthwash intentionally keep it this way, because the alcoholic market is huge.

I regularly receive thanks from family members of alcoholics, who tell me that reading this post led to their discovering that a loved oned had relapsed. Continue reading

“Code Black” Glosses Over A Medical Ethics Imperative

Code Black

In TV’s medical drama “Code Black‘s” episode “Diagnosis of Exclusion,” we were plunged, as is too often the case in such shows, into a freak situation that might not occur in any U.S. hospital for a century, but that somehow happens on TV routinely.

A lunatic stalker named Gordon (Jesse Bradford) tried to rape doctor Malaya Pineda (Melanie Chandra) in the hospital garage, after stabbing a hospital administrator, perhaps fatally. Dr. Pineda fought back, the stalker stabbed her in the stomach, and then mild-mannered Dr. Angus Leighton (Harry Ford) arrived in time to pull the stalker off of his wounded friend and save her life. In the struggle that ensued, crazy Gordon was stabbed in the neck with his own knife.

This was presented in flashback, in the form of an official inquiry where Dr. Leighton explained that he told the stalker not to pull out his knife, but he did anyway, causing uncontrollable bleeding. “Maybe I could have done more but, I was out of my mind,” Angus explains. Leighton says he tried to stop the bleeding as he screamed for help. By the time the paramedics got the murderous patient into the ER, he was beyond saving.

Ahhh, but that’s not exactly what happened, we learn! First we saw Angus’s older brother, also a doctor, tell him that he did the right thing, that Gordon tried to kill two women that day and would have gone on to kill more if Angus hadn’t acted as he did.

Wait, what? Continue reading

From A Proud Abortion Defender, An Inconvenient Truth….

Snake eating its tail

A New York lawyer named Janice Mac Avoy gifted the Washington Post with an op-ed that was supposed to be a powerful brief for abortion. Viewing it as someone who is deeply conflicted about the ethics of abortion, which is to say, someone who is objective and who didn’t make up his mind first and then look for rationalizations to support that position, I recognized it as a perfect example of why abortion advocates still haven’t made a strong enough case for me, and perhaps why they can’t.

I am still surprised, somehow, when lawyers, like Mac Avoy, display poor reasoning skills. I shouldn’t be, I know: I’ve known plenty of dumb lawyers, even rich and successful dumb lawyers. I suppose I am hostage to the mythology of law school, that professors take students whose “minds are much,’ to quote Professor Kingsfield, and transform those minds into whirring computers of emotion- and bias- free rationality. Unfortunately, mush in, mush out tends to be reality.

Mac Avoy places her own mind in the mush column immediately, with her title “I’m a successful lawyer and mother, because I had an abortion.” This shows her adoption of the classic logical fallacy Post hoc ergo propter hoc, or “After this, thus because of this.” The statement is factually nonsense, and her column takes off from there.

Some highlights:

1. She writes…

“In spring 1981, I knew I wanted to be a lawyer. I was about to become the first person in my family to graduate from high school. I had a scholarship to college, and I planned to go on to law school. I was determined to break a cycle of poverty and teenage pregnancy that had shaped the lives of the previous three generations of women in my family — all mothers by age 18. Then, just before graduation, I learned I was pregnant. Knowing that I wasn’t ready to be a mother, I had a friend drive me to a Planned Parenthood clinic, where I had an abortion.”

Pop quiz: What crucial piece of information is glossed over, indeed strangely omitted, from that account? Mac Avoy “was determined to break a cycle of poverty and teenage pregnancy” —so determined and laser focused on the life goal that she suddenly woke up pregnant! How did that happen? Apparently, despite her representation to the contrary, she was not sufficiently determined that she was willing to refuse  to engage in the exact and only conduct that could foil her intent, and that she knew could foil her intent.

I’m not arguing that a teenage mistake of judgment should derail a life, but I am pointing out that to ignore that personal conduct, as Mac Avoy does, and pretend that pregnancy in every case is some unavoidable random tragedy like a rape or incest, is self-serving and intellectually dishonest, and like most pro-abortion rhetoric, avoids the key issues that make abortion a difficult ethical problem.

2. She writes… Continue reading

Just in Time For The NFL Championship Games, Football Fans…

NFL brains

In his interview with the Pittsburgh Post-Gazette, former NFL star wide receiver Antwaan Randle El revealed that at the age of  36, he can barely walk down stairs, and his mind is failing:

“I ask my wife things over and over again, and she’s like, ‘I just told you that. I’ll ask her three times the night before and get up in the morning and forget. Stuff like that. I try to chalk it up as I’m busy, I’m doing a lot, but I have to be on my knees praying about it, asking God to allow me to not have these issues and live a long life. I want to see my kids raised up. I want to see my grandkids.”

The odds are against him. Resaerchers believe that a majority of NFL players suffer from chronic traumatic encephalopathy (CTE), a form of brain damage caused by repeated head trauma.  CTE was at the center of the film “Concussion,” as well as the documentary that inspired it, “League of Denial,} about the NFL’s efforts to deny and obscure that fact it was slowly killing its players….for entertainment. And money.

Randle El says of the game he now wishes he had never played:

“There’s no correcting it. There’s no helmet that’s going to correct it. There’s no teaching that’s going to correct it. It just comes down to it’s a physically violent game. Football players are in a car wreck every week.”

Immediately after this story aired on CNN this morning, the network cut to an upbeat, exited preview of this weekend’s AFC NFL  championship. It was chilling.

Has there ever been a greater irrational, irresponsible, ethics disconnect in our society?

Enjoy the games…

Comment Of The Day (2): “The Strange Case Of The Unwanted Triplet”

infant

Beth’s  thoughtful Comment of the Day is only tangentially a comment on the Ethics Alarms post about the surrogate mother who balked at aborting one third of the triplets she was carrying. It was really a comment on a comment made to the author of the previous Comment of the Day on the same post, as J. Jonah Jameson described his own experience as a father who employed a surrogate. JJJ was asked why he chose the expensive and risky surrogate route rather than adoption. That question inspired Beth’s Comment of the Day.

Here it is; I’ll be back at the end.

“Why didn’t you adopt a child that needed a family?”

As a woman who battled infertility in the past, and have many friends who did the same, along with others who intentionally became single parents, used surrogates, or have or are trying to adopt a baby, let me say that this is the absolute worst question you can ever ask somebody going through this process. As you pointed out, you are not trying to be judgmental, but you should never ask this.

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