Law & Law Enforcement

Mrs. Q’s Corner: Fetal Tissue Research And The Slippery Slope

/ Jack Marshall / 6 Comments

by Frances Quaempts

[This, the latest installment of Mrs. Q’s Corner, responds to the discussion of the Trump Administration’s ban on fetal tissue research, and the issues raised in this post particularly.]

I know slippery slope arguments can be annoying, however we have seen, for example, how the years of race-baiting rhetoric that “all cops hate blacks” has led to the current madness. In that spirit I wonder, regarding this issue, just how far the commodification of unborn baby parts could go.

Once upon a time, child sacrifice in some societies was acceptable and even the rule. It would be nice to think we have evolved behaviorally to never entertain such horror, yet after seeing the way recently groups of teens and wild-eyed adults have chased and surrounded those they presume guilty of wrong-think, like jackels, could such barbarism make a comeback?

Could we justify using women to become “tissue-makers” if only they are compensated? Could we justify using the unborn for things like soda flavoring or hair products? Is that already happening? Could we jump from using the unborn to born but with defects or some other issue? Can we justify cannibalism as a means to “save the planet?” Is utilitarianism sometimes an excuse to rationalize the dehumanization of people in order to push through some grand and supposed ideal of humanity that isn’t even possible in a Star Trek episode? Will sacrificing a child or adult make the harvest plentiful when it has in the past?

The “downstream” issues that come up after supposed good ideas are well implemented can be the cause for even greater problems that generations have to deal with later. We have seen the good idea that women are equal turned into women degrading themselves in the name of a sexual revolution that mainly has benefited immature men.

We have seen how the good idea of fighting racism has led crowds to burn down the businesses of those most affected by racism. We have said the Red Scare was utterly without merit while Marxism has slowly poisoned our county using the arts, education, and media as a means for indoctrination.

Of course women should be equal, people of all races should thrive, and if someone wants to believe in some secular utopia where the proletariat magically rules the world, in this country they can. The downstream of it all is not simply the what of something or even the why, but the how. How do we avoid justifying dehumanization in the name of helping humanity? How do we use materials of any kind wisely and with respect? How do we check our unethical rationalizations so we don’t do more harm than good, no matter how utilitarian or beneficial the item or action is? Continue reading →

From The Ethics Alarms Archives: “The Forgotten Meaning of Labor Day”

/ Jack Marshall / 10 Comments

The 1894 Pullman strike

It may be hard for Americans to get inspired to celebrate Labor Day for what it is supposed to honor, especially with teachers unions working to keep America locked down and students barely educated in pursuit of a partisan political agenda, and pro athlete unions bullying sports leagues into ruining their product by turning them into political propaganda vehicles, and the postal workers union partisan bias eroding trust in the upcoming election. Nonetheless, there is a good reason to celebrate Labor Day.

This Ethics Alarms post from 2012 explains what that reason is.

Labor Day commemorates one of the great ethical victories of American society, and not one in a hundred Americans know it. Labor Day marks the end of summer, and a time for retail store sales, and the last chance to get away to Disney World, but few of us think about the real meaning of the word “labor” in the name, and how it is meant to honor brave, dedicated men and women who fought, sometimes literally, the forces of greed, political influence, wealth and privilege in this country to ensure a measure of safety, consideration, fairness and justice for the hardest working among us.

Today labor unions are controversial, and with good reason. Many of them have been run as criminal enterprises, with deep connections to organized crime; many operate in a blatantly coercive and undemocratic fashion. Union demands and strong-arm tactics, while providing security and good wages to members, have crippled some American industries, and limited jobs as well. Today the unions  get publicity when one of them tries to protect a member who should be punished, as when the baseball players’ union fights suspensions for player insubordination or even drug use, or when school districts are afraid to fire incompetent teachers because of union power, or when the members of public unions protest cutbacks in benefits that their private sector counterparts would be grateful for. It is true that today’s unions often embody longshoreman philosopher Eric Hoffer’s observation that  “Every great cause begins as a movement, degenerates into a business and ends up as a racket.” *

That not what Labor Day honors, however. It is celebrating the original labor movement that began at the end of the 19th century, and that eventually rescued the United States from an industrial and manufacturing system that was cruel, exploitive, deadly and feudal. Why the elementary schools teach nothing about this inspiring and important movement, I do not know. I suspect that the story of the American labor movement was deemed politically dangerous to teach during the various Red Scares, and fell out of the curriculum, never to return. Whatever the reason, it is disgraceful, for the achievements of the labor movement are every bit as important and inspiring as those of the civil rights movement and the achievements of our armed forces in the protection of liberty abroad. Continue reading →

Day’s End Ethics,9/3/2020: Three Terrible People, And The NFL

/ Jack Marshall / 20 Comments

This is really getting up late; I spent all day writing legal ethics song parodies, including a new version of the “American Pie” parody I posted earlier. I was going to discuss the answers to that one, but I am so sick of “American Pie” right now I could spit.

Did you know that there was different end of the last verse? It comes in after “And the man there said the music wouldn’t play.” It went,

And there I stood alone and afraid
I dropped to my knees and there I prayed
And I promised him everything I could give
If only he would make the music live
And he promised it would live once more
But this time one would equal four
And in five years four had come to mourn
And the music was reborn…

The Day the Music Died.

1 . Here’s someone to add to your venal scum list: Stephanie Winston Wolkoff, who has a “tell-all” book coming out exploiting her time as a trusted friend of Melania Trump. All of these wretched people—Omarosa, John Bolton, Mary Trump, “Anonymous,” the rest of them—are the same. They betray trust for money, like Judas, or Robert Hansson. By any ethical standard, such books should be written, if at all, after the individuals who trusted the authors are dead or at least out of the public eye. That rule is the same whether the scum is cashing in on being trusted by Bill Clinton, Barack Obama or Donald Trump.

And yes, those who reward such low-lifes by buying their books are endorsing, rewarding and encouraging unethical conduct.

2. Wait, why isn’t this guy “cancelled?” From the Times:

The rapper and internet troll 6ix9ine, one of the most polarizing figures in popular culture today, is by turns grating, defiant, relentless, hostile and savvy, a self-proclaimed car crash, a rat and an admitted domestic abuser. At 24, he is also inarguably compelling to many, having landed two Top 5 hits — including “Trollz” with Nicki Minaj, his first No. 1 — and racked up more than one billion new YouTube views in less than four months, since his early release from federal prison this spring.

… In February of last year, he pleaded guilty to firearms and racketeering charges stemming from his role in the Nine Trey Gangsta Bloods, a violent, drug-trafficking Brooklyn gang, and agreed to cooperate with prosecutors, delivering what the judge in the case called “game-changing” testimony against his former associates… he was sentenced to two years, including the 13 months he’d already served — but it also put his life and rap career in jeopardy…

6ix9ine, a rainbow-haired, suggestively tattooed attention addict, was already controversial — an endless source of Instagram beefs that often devolved into real-world violence, and a convicted sex criminal, having pleaded guilty as a teenager to the use of a child in a sexual performance. Then he repeatedly doubled down on his villain status. His new album is called “TattleTales,” out Friday via the independent distributor Create Music Group,

3. I have an impolitic question to ask after you’ve digested this… Continue reading →

Seeing Ethics In September, 9/1/2020…

/ Jack Marshall / 24 Comments

1. Well, THAT’s an easy question! At St Xavier Catholic Church in NYC over the weekend, the priest asked his flock, : “Do you affirm that white privilege is unfair…will you commit to helping transform our church culture” and embrace “racial justice.”?

The answer, of course, is “‘Bye!” No one should accept partisan and racist talking points from the clergy. This is an abuse of power, trust and position.

I think I’ll watch “Spotlight” again…

2. In case you were wondering, Ethics Alarms will have nothing definitive to say about the Kyle Rittenhouse saga, and won’t until I read a trustworthy account of what really happened. There seems no question that the original mainstream news media narrative that this was a white supremacist gun nut hunting peaceful protesters is the MSM misbehaving again. The backlash characterization of Ritterhouse as a brave citizen protecting local businesses from rioters also seems overly convenient. The video available suggests an element of self-defense, but it seems clear to me that the kid irresponsibly placed himself in a perilous position while provoking members of a less-than-rational mob. In the situation he voluntarily placed himself, Ritterhouse was likely to be killed or kill somebody. He was also violating the law by carrying his weapon when he was underage. Of course, the failure of the Kenosha police and the state to keep minimally endurable order also added to the deadly conditions.

3. Hey, Coup Plan E, good to see you! Where have you been?

The 25th Amendment arguments have  been relatively scarce lately, although Maxine Waters mentioned it a week ago without referencing any disability. She appears to think that the Cabinet can just remove the elected President with a vote. My God, she’s such an idiot.

If the President had three strokes, he sure recovered quickly. And doesn’t it take astounding gall to try this chestnut again now, when the Democrats are running a candidate who could be legitimately removed by the 25th Amendment ten minutes after he took the oath of office? Continue reading →

Big Lie #4 Has Never Looked So Desperate…

/ Jack Marshall / 6 Comments

“Repeat after me: Our riots are all Trump’s fault! It’s all Trump’s fault! He’s a raaaacist! A raaacist!”

As noted here more than once last week, Democrat/”resistance”/mainstream news media (The AUC) attacks on President Trump are becoming more shrill and desperate, and I expect them to keep getting more so as November approaches. They really appear to be going with the “The riots that have taken place overwhelmingly in Democrat-run cities having been organized by Black Lives Matter (a Democratic party endorsed group) and inflamed by the antifa (an anti-Trump domestic terrorist group) after being provoked by police-involved incidents in those Democratic Party-run cities are President Trump’s fault!” They really are. Well, good luck with that! It’s an all-in bet that the American public is made up of morons.

I’ll take that bet, and so will Abe Lincoln.

The panic and hysteria—it turns out that those polls showing Joe Biden winning by a lap despite his many problems weren’t so solid after all! ARGHHHHHH!—has caused, naturally, a stamped to the Big Lie store, the inventory of which is listed here.

Portland’s Mayor Ted Wheeler grabbed himself an armful of  Big Lie #4: “Trump Is A Racist/White Supremacist,”  the first and one of the most popular,  unconscionable and predictable of the Big Lies (and it is a lie, as explained in detail at the link above). Then he revealed just how ridiculous he is yesterday, saying in part as he attempted to blame his own city’s riots on the President,

“President Trump, for four years, we’ve had to live with you and your racist attacks on black people, we learned early about your sexist attitudes towards women,We’ve had to endure clips of you mocking a disabled man. We’ve had to listen to your anti-democratic attacks on journalists. We’ve read your tweets slamming private citizens to the point of receiving death threats. And we’ve listened to your attacks on immigrants. We’ve listened to you label Mexicans — rapists. We’ve heard you say that John McCain wasn’t a hero because he was a prisoner of war. And now you’re attacking Democratic mayors and the very institutions of democracy that have served this nation well since its founding. Do you seriously wonder, Mr. President, why this is the first time in decades that America has seen this level of violence? It’s you who have created the hate and the division. President Trump, you bring no peace. You bring no respect to our democracy. You, Mr. President, need to do your job as the leader of this nation. I, Mr. President, will do my job as the mayor of this city. We will both be held accountable as we should. I’m calling out every other elected official in Oregon to join me. Not only in defeating racism but helping me to stop the violence as we are and will continue to be held accountable by all of our residents.”

I hate being blunt and vulgar, but what an asshole! Continue reading →

Monday Musical Ethics , 8/31/2020: A Number From Today’s Seminar!

/ Jack Marshall / 5 Comments

Good afternoon!

We ran out of time and had to dash through our last number on today’s version of Ethics Rock (By the way, Mike Messer really looks like the logo, which was designed before we found him), so I’ll let the legal ethics whizzes here (and everyone else: non-layers often do better on these quizzes than lawyers do—take a shot at the questions…Are you ready? “NJSBA” means “New Jersey State Bar Association,” you stress the “J” to make it scan.

“The Day My Ethics Died”

[A ProEthics legal ethics parody to the melody of “American Pie” by Don McLean]

A long, long, time ago,
I can still remember
Legal practice used to make me smile
And I knew if I could get my shot
I’d win my cases, like as not,
And then I could drink Chivas for a while.

But ethics rulings made me nauseous
I’m no good when over-cautious.
Clients give a cruel look
When they see you check the rule book.

I can’t remember if I cried
When I finally knew my brain was fried…
I took the rules and looked inside,
The day my ethics died.

So, hey, hey, NJSBA
Your committee has no pity for us lawyers today;
When black and white start to fade into gray
We ask, “Do you really mean what you say?”
“Do you really mean what you say?”

Oh, I’m the king of slip and falls
My suits make safer lawns and halls
(At least my wallet tells me so.)

My client, Mick, is lame and sore
Since he hit his head on a banker’s floor
And his injury has left him kinda slow.

Now his father has me change his will
To take out Mick and give him nil;
I know its Dad’s estate—
But doing this to Mick I hate!

Then there’s the day when Mick pulls out his gun
And points to strangers in the sun
He says, “I’d like to shoot them, one by one!”

The day my ethics died.

And I am singing,

Hey, hey, NJSBA
Your committee has no pity for us lawyers today;
When black and white start to fade into gray
We ask, “Do you really mean what you say?”
“Do you really mean what you say?”

Crying, lying, everything I’m trying
But Mick is nuts, there’s no denying
I do what he says and we’re dead.

This guy hears commands from Outer Space
And that strange expression on his face
Tells me something has pulled loose inside his head.

He’s pushing theories that won’t fly
And making arguments that I
Would never use in court…
Perhaps I should abort!

Or instead, before his fate is sealed
A guardian can make him yield;
I should have found a better field
Before my ethics died.

So now I’m singing,

Hey, hey, Mister VSBA
Your committee has no pity for us lawyers today;
When black and white start to fade into gray
We ask, “Do you really mean what you say?”
“Do you really mean what you say?”

Then, surprise! Just as I’m feeling sick
A settlement is offered Mick…
A deal like this won’t come again…
So come on Mick, be prudent, don’t be slow!

Drop the claim and take the dough
I’m sayin’, as your lawyer and your friend!

But Mick says no, it’s not enough
I argue, beg, and then get tough:
“You take it, or I’m through!
I’ll quit unless you do!”

Then as a last resort, I shout out, “Hey!”
“The Space Lords dictate what I say!”
And Mick says, “Really?! Then okay!”
The day my ethics died.

So I was singing

Hey, hey, NJSBA
Your committee has no pity for us lawyers today;
When black and white start to fade into gray
We ask, “Do you really mean what you say?”
“Do you really mean what you say?”

When the check arrived for Mick to take
He admitted that his pain was fake,
And I just groaned and turned away.

I tried to learn from CLE
But I fell asleep so rapidly
Though the man there gave me credit anyway.

And in the court the judges screamed
The juries drooled and the clients schemed
But nothing really mattered
My ethics all were shattered.

And the three things that inspired me
Justice,
Love, and a
Giant fee
Just seemed to be a mockery
The day my ethics died.

We started singing…

Hey, hey, NJSBA

Your committee has no pity for us lawyers today;
When black and white start to fade into gray
We ask, “Do you really mean what you say?”
“Do you really mean what you say?”

[SING ALONG!]

Hey, hey, NJSBA
Your committee has no pity for us lawyers today;
When black and white start to fade into gray
We ask, “Do you really mean what you say?”

Questions… Continue reading →

Comment Of The Day: “I’ll Try To Stop This From Being A Rant, But I’m Not Promising Anything…” AND “Lazy Sunday Afternoon Ethics, 8/30/2020: A Letter, A Slapdown, A Poll, Sherlock Holmes, And A Dinosaur Walk Into An Ethics Post…,” Item #2, Mayor Wheeler’s Letter

/ Jack Marshall / 18 Comments

Steve-O-In NJ has struck again with another of his long form comments, easily snagging another Comment of the Day. It is also a first here: the comment covers two Ethics Alarms posts. To be technical about it, the second was posted after Steve’s comment went up, but it includes a long section that directly applies to the late post…which I wrote before I read what follows. This Comment of the Day is, as a classic TV commercial for Certs used to chant for almost 40 years, “Two! Two! Two comments in one!”

Confused? Don’t be, just read and enjoy Steve-O-In NJ‘s Comment of the Day on the posts,  “I’ll Try To Stop This From Being A Rant, But I’m Not Promising Anything…” and “Lazy Sunday Afternoon Ethics, 8/30/2020: A Letter, A Slapdown, A Poll, Sherlock Holmes, And A Dinosaur Walk Into An Ethics Post…,” Item #2, Mayor Wheeler’s Letter.

This is the year we were stripped of a lot of the things that we liked and that were important to us, and expected to like it. The message rings loud and clear that if you aren’t woke, there is no place for you in this brave new world. The thing is, like Obamacare, it was predicated upon and sold to us with lies, half-truths, and omissions, which a lot of our fellow Americans have bought, hook line and sinker. Obamacare was as much about power as it was about putting healthcare on the national stage and giving people greater access. The Democrats and the left knew it, and that’s why they used procedural chicanery, promises to the now-dead Senator Spector that they had no intention of keeping from the get-go, and lies and half-truths to the general public to get it passed – without even saying what was in it. It was a power grab, plain and simple.

The left tried for a cultural power grab three years ago, with the assault on Confederate monuments, which they tried to parlay into attacks on other areas of history. Unfortunately for them, it kind of petered out before it could really go anywhere, NYC made it clear it wasn’t going to stand for attacks on public art, and the next thing you knew, we were in the holiday season and no one was thinking about fighting over statues and what they stood for anymore. The first of the year passed, and the mayor of NYC said he was moving one statue and that was it. There was still a dislike of police, but they still met with grudging respect…mostly. The days of assassinating police or declaring them enemies were over. I think I should really say that they were over for that period of time. The plans for a cultural and political power grab never really went away. They just went on standby, waiting for the right time for them to be revived. Even though there were other police shootings and errors, it just never seemed to be the right time. Besides, the economy was doing well, and most people were too busy making money to bother. Then came the pandemic, which put a huge amount of people out of work, so they’d be available for protesting/rioting. All they needed was the spark to set this off. George Floyd was it. This was it, the spark to light the flame of white hatred and make a revolutionary break with the past. It stopped being about Floyd in two days. Meantime, though, the liberal DA and other authorities, who might have had a chance to tamp this down by saying hey, we don’t have all the facts, said nothing instead. Inwardly these mayors and governors were dancing with glee at the chance to proclaim a new cultural revolution and destroy conservative America forever. The same mayors and governors who ticketed Hasidic Jews for burying their dead and moms for walking in parks told the police to use a light touch or stand down completely from protests that quickly became riots. They wanted to be helpless, anything to make the president look either incompetent (if he did nothing) or heavy-handed (if he did). Meantime this movement either forced local leadership into embarrassing humiliation like foot-washing, pulled them into their own orbit, or overwhelmed them. Continue reading →

Lazy Sunday Afternoon Ethics, 8/30/2020: A Letter, A Slapdown, A Poll, Sherlock Holmes, And A Dinosaur Walk Into An Ethics Post…

/ Jack Marshall / 24 Comments

1. Oh-oh…Ethics Alarms has been and will continue to use “Wuhan virus” rather than various versions of Covid or corona virus as a matter of principle. China inflicted this contagion on the world and greatly abetted its spread by its cover-ups and lies, and pandemics and flus usually are identified by their site of origin. Furthermore, the political correctness edict against using the province where the first outbreak (we know of occurred) was yet another anti-Trump ploy, simultaneously covering for a brutal foreign adversary.

Syracuse University placed chemistry Professor Jon Zubieta on administrative leave and will be investigated by its Office of Equal Opportunity, Inclusion and Resolution because he used the terms “Wuhan Flu” and “Chinese Communist Party Virus” in his syllabus. In a joint statement from Dean of the College of Arts and Sciences Karin Ruhlandt and Interim Vice Chancellor and Provost John Liu, explained,

“Syracuse University unequivocally condemns racism and xenophobia and rejects bigotry, hate and intolerance of any kind. The derogatory language used by a professor on his course syllabus is damaging to the learning environment for our students and offensive to Chinese, international and Asian-Americans everywhere who have experienced hate speech, rhetoric and actions since the pandemic began.”

There is no racism here, and the theory, much in vogue, that  irrational people reacting to factual statements by persecuting others justifies suppresng the truth is unethical and perverse.

2.  Res Ipsa Loquitur. This is the letter Portland mayor Ted Wheeler sent to the President of the United States.

Wow. Continue reading →

From The Ethics Alarms Mailbag: “What’s Your Reaction To Various Ethics Controversies, Including The Use Of The White House, During The Republican National Convention?” (Part I: The Hatch Act))

/ Jack Marshall / 3 Comments

I have been asked this by a couple of friends, all resolute Trump Deranged, card-carrying, “I’d vote forJoe Biden if he shot someone in Times Square while sexually harassing a teenage girl, wearing a duck on his head and screaming, ‘I am Captain Midnight!'” Democrats. It shouldn’t matter, and indeed doesn’t change my answers, that they are the ones asking the question: it’s a valid question.

But it’s also like the “Trump Lies” issue. Ethics estoppel kicks in. I don’t care to hear outrage over Trump’s various torturing of facts from the same people who smile and applaud while Michelle Obama and others repeat the “fine people” lie at the Democratic National Convention, or the Bizarro World accusation that the President is responsible for the riots. These hypocrites don’t care about political dishonesty except  when it is being wielded by an adversary, and they are really trying to recruit me in their partisan efforts as an “appeal to authority.”

My macro reply to the Republican National Convention’s various dents, nicks, sideswipes and out-right trampling of ethics rules and principles is this:

“Many of the decisions regarding the content of the Convention were made in defiance of law, regulations and tradition. This was unethical. The President of the United States should not be unethical, and being so flamboyantly unethical undermines the culture.”

Full stop.

However, there is a lot more to consider. Continue reading →

A Response To “Comment Of The Day: ‘Ethics Escape, 8/24/2020: The Not Watching The GOP Convention Edition. Item #3, Fetal Research Ban'”

/ Jack Marshall / 33 Comments

I promised a response to Chris Marschner’s provocative Comment Of The Day on Item #3 in the post, “Ethics Escape. 8/24/2020: The “Not Watching The GOP Convention” Edition. Here it is…

Chris begins,“Before I go any farther, I believe that fetal tissue is crucial to research.” That’s an excellent stipulation; I concur. Thus we agree that obtaining fetal tissue is beneficial, and an objective with positive value for society.

That leaves as the sole issue for ethical debate as whether using the source of such tissue creates such a counterbalancing negative effect that the positive effect, which has been conceded, is overcome and rendered moot.

Chris says he “can see an argument in favor of the Board’s decision to deny access to such tissues.” I can see the arguments; I wouldn’t make the arguments. I’m assuming Chris not only sees them but agrees with them to some extent. Chris goes on,

I may agree with Turley that such research use of fetal tissue does not incentivize women to have abortions. However ,I do believe it incentivizes sellers of such tissues. Such sales make a commodity of aborted fetal tissues and the of other human tissue donations; this is not some far-fetched fear. Do we want to be like China, which forcibly removes kidneys so that others can have a transplant?

I don’t think “may” is reasonable here. Professor Turley states unequivocally that women do not have abortions to harvest fetal tissue, and while it is impossible to prove a negative, there is literally no evidence that indicates this is a problem. Hospitals sell medical waste, including organs for transplant. Chris’s logict applies with equal force to all things removed from patients, who have a right to deny the medical institution from selling it or using them themselves. The patients, by law, cannot sell their tissues and organs themselves, however, and few choose to take the items home as souvenirs. Almost all the time, patients let health care providers dispose of such things as they see fit, and why wouldn’t they?

The “Coma” scenario, where doctors intentionally kill patients to harvest and profit from their organs, has been around for decades, (The Robin Cook novel was written in 1973.) It just hasn’t materialized, and in the case of fetal tissue, nobody would be killed, in the eyes of the law, if medical professionals were selling it as profit center. The argument is a straw man, a separate theoretical problem related to the issue being discussed, but not strictly relevant. In this it is like the anti-cloning debate. Opponents of cloning worry about how the technology might be abused, but that’s a downstream issue. There is nothing inherently unethical about cloning, just as there is nothing inherently unethical about using fetal tissue for research. If unethical practices emerge, you deal with them directly, not by eliminating the otherwise neutral or beneficial process that creates the opportunity for abuse.

Chris:

Imagine a society that becomes insensitive to the concept of the sanctity of life. It is not outside the realm of possibility that we could begin to allow doctors to withhold life saving but costly treatments in order hasten the demise of a potential donor.

The first sentence is irrelevant in the context of this discussion  because, via Roe v. Wade, the law of the land does not acknowledge fetuses as human life. I think Roe was and is a terrible decision; I am certain that the pro-abortion position that unborn children are like warts or parasites is intellectually dishonest and a belief made necessary by the political objective of abortion access rather than justified by reality, but that doesn’t matter. The U.S. position isn’t insensitive to the sanctity of human life because society and the culture, through the courts, have absorbed the legal fiction that fetuses are not human life. If and when that fiction is rejected—personally, I don’t foresee it happening—then the sanctity of life issue becomes relevant. As for the rest of Chris’s statement: that is happening already, thanks in part to the costs of treatment and the limits of insurance.

I won’t say that doctors pressuring a family to take a brain-dead loved one off of life support because a 17-year old woman needs a heart and lung transplant stat is unethical. It theoretically violates Kant’s Categorical Imperative, but Kant wasn’t considering brain dead patients before such patients could be kept alive. This is when Utilitarian balancing is called for. “Are we willing to let doctors or insurers make that call to take the patient off the vent so he can become a heart donor? I certainly hope not, ” Chris asks. Well, we don’t, and shouldn’t, but the input of those not emotionally involved in the decision is valuable.

Chris continues, Continue reading →