Guest Post: Revisiting the Promises and Realities of Obamacare

/ Jack Marshall / 7 Comments

By AM Golden

[I’m grateful to AM Golden’s guest post for many reasons, among them the chance to revisit (above) the moment when the late Senator John McCain‘cast a petty and unethical vote to save the Affordable Care Act, which he had opposed, from repeal just to spite Donald Trump. I am also glad, I guess, to have AM remind us of the decietful manner in which it was passed, with Democrats insisting that the ACA was not a tax, then later defending it before the Supreme Court on the grounds that it was a tax. JM]

One of the government expenditures I’d like to see looked into by DOGE is the cost and usefulness of the Affordable Care Act, particularly the tax subsidy

Full disclosure: I work for a nationwide health insurance company. 

Not long ago, I commented how taxpayers are often gouged when the government spends our money.  We’ve seen inflated prices by government contractors.  We’ve read about the massive fraud perpetuated by those who got loans during the Pandemic to allegedly keep their businesses afloat.   I suggested in that earlier comment that the availability of student loans has doubtlessly caused tuition rates to rise.  The temptation of bottomless coffers of cash is hard to resist.  I suspect it has resulted in higher costs for medical care submitted through Medicare/Medicaid.  I noted then that government-paid health care would cause medical costs to go even higher.

It isn’t that U.S. citizens aren’t sympathetic to people who are sick, especially to those severely injured in accidents through no fault of their own or born with congenital conditions.  In the 1990’s, government regulations established, among other things, requirements that health insurance carriers offer two of their most popular plans as Guaranteed Issue plans for those who could not get insurance elsewhere.  These plans were expensive, but they put the onus for paying on the policyholder and not the taxpayer.  It was a step, but, like other attempts at helping sick people get coverage, it didn’t address the cost of medical care. 

And neither would the next attempt.

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Regarding That Tom Hanks SNL Skit…

/ Jack Marshall / 4 Comments

I just knew that there would be some part of last week’s “Saturday Night Live” 50th Anniversary special that sparked a controversy, and there was. As promised here, I didn’t watch the thing and, I am proud to say, know few people who did, at least not all the way through. Still, I was directed to watch two clips: Paul McCartney (with his band) performing the last part of the “Abbey Road” musical collage from “Once There Was a Way” through to “The End” (When the general reaction to an iconic singer’s performance is “He sounds pretty good for 82!,” it’s time to retire…), and the reprise of an old “Jeopardy!” skit, in which Tom Hanks, as a Southern contestant wearing a MAGA cap, jumped away from the black MC offering his hand as if it was a rattlesnake. Nice.

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Gee, I Wonder Why Hooters Is Declaring Bankruptcy?

/ Jack Marshall / 13 Comments

BEFORE DEI HIRING…

AFTER…

and…

Huh. Well, I guess dining out habits in the U.S. have been evolving since the pandemic, as today’s news stories astutely observe…

Hooters, famous (or infamous) for a crude play on words and its mandatory attire for waitresses, is preparing for a potential bankruptcy filing as it works with creditors on a plan to restructure its operations, according to Bloomberg News.

What a surprise.

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On the Eric Adams Prosecution and the Sassoon Letter

/ Jack Marshall / 9 Comments

I admit it: I’ve been avoiding this large, stinky elephant in the ethics room because I have nothing good to say about any side of the controversy.

It’s all very depressing. The organization I belong to consisting of just about every legal ethics teacher, lawyer and consultant in the country immediately showed (again) how Trump Deranged and biased the membership is. After the resignation letter of February 12 from then S.D.N.Y. U.S Attorney Sassoon to U.S.AG Pam Bondi refusing to carry out the DOJ’s directive that she move to dismiss the then pending corruption indictment against NYC Mayor Eric Adams (Quote: “It is a breathtaking and dangerous precedent to reward Adams’s opportunistic and shifting commitments on immigration and other policy matters with dismissal of a criminal indictment….Such an exchange…violates common sense beliefs in the equal administration of justice, the [DOJ’s] Justice Manual [for federal prosecutors], and the Rules  of Professional Conduct.”), the listserv was immediately awash with comments like this one: “Once the rule of law cease, so does democracy. A client has the right to instruct an attorney; the attorney may seek to be relieved if the client’s directive is offensive. But what do we do when a “client”, or anyone, seeks to end democracy?”

Riiiight: not continuing with what looked a lot like a politically-motivated prosecution of Adams by the Biden Administration threatens democracy.

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Jeez, Somebody Tell Him!

/ Jack Marshall / 3 Comments

I subscribe to the oxymoronically-named Ethics & Journalism newsletter. After the featured piece in today’s edition, I will be reconsidering that commitment.

Here is the beginning of the essay titled “Fostering a Culture of Newsroom Independence: How to fight anticipatory compliance,” authored by the director of this NYU project, Stephen J. Adler. Hold on to your head!

Media self-censorship, anticipatory compliance, capitulation, bending the knee. Whatever you call it, it represents one of the most insidious means by which people with power can squelch news reporting that doesn’t serve their interests. You don’t have to arrest or fire reporters—you just have to make them increasingly afraid that you will.

Donald Trump’s second term—and the ascendancy of billionaire press antagonists—has already created an environment in which journalists feel more pressure than ever to self-censor or soften their coverage to ensure that they stay on legally and politically safe ground. How does a reporter, or a newsroom full of them, guard against sheltering in such truth-killing safe harbors?

To some degree, long-standing newsroom ethical guidelines can help stiffen reporters’ spines. The Society of Professional Journalists’ Code of Ethics has it right: journalists should “deny favored treatment to advertisers, donors, or any other special interests, and resist internal and external pressure to influence coverage.” I also like this from the Boston public media station WBUR:

“Decisions about what we cover, how we do our work, and what we report are made by our journalists. We are not influenced by those who provide WBUR with financial support.… We are not swayed in our journalistic mission by those in power or those who attempt to manipulate our journalism.’”

But even more important than adhering to ethics guidelines, I believe, is preserving the culture of journalistic independence that thrives at countless successful newsrooms and has shone at some of those now under the most pressure, such as the Associated Press, Los Angeles Times, the Washington Post, and CBS News. Maintaining such a culture—and thus summoning the courage to practice independent journalism in the face of any threats—has been a hallmark of these institutions for generations….

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Friday Open Forum

/ Jack Marshall / 26 Comments

Everything is a chore right now: I’m sore all over and can hardly walk after falling down a flight of stairs in the dark at my sister’s house while looking for her dog to take to my house after she (my sister, not the dog) ended up in a hospital emergency room unexpectedly two nights ago.

So the more lively and provocative you are here, the happier I’ll be. And I’m still looking for guest posts: one is on the runway now.

Meanwhile, here’s a headline (on the ABA site) that I guarantee will be ripped off by “Law and Order” or some other TV show very soon: “Judge texted bailiff, clerk that he can’t be in court next day because ‘I just shot my wife,’ jurors are told.”

Ethics Hero: “Landman” Creator and Writer Taylor Sheridan

/ Jack Marshall / 9 Comments

The Billy Bob Thornton star vehicle “Landman,” following the stressful life of a West Texas “landman” and operational executive for an independent oil company in West Texas, has a lot going for it, mostly Thornton, who is one of our most interesting and versatile actors. The Paramount streaming series is already better, in my view, then the last two oil dramas I watched, the over-rated “Giant” and the relentlessly unpleasant “There Will Be Blood,” in great part because as with all of his roles, Thornton brings a great deal of humor to the proceedings.

I have not finished the series’ first season (I sure hope there is a second), but I was struck by the long scene above in which Tommy Norris (that’s Billy Bob) gives a quick primer to his company’s attorney on the facile conventional wisdom of the anti-fossil fuel lobby. The rant begins (at the 57 second mark), as Tommy denies the “cleanness” of wind power, and he takes off from there. It was an instant classic that quickly went viral on social media: as soon as I heard it I knew I could find the speech on YouTube and resolved to post it today.

There are also a lot of rebuttals to the speech on line, and that’s great: the ethics point is that for once Hollywood isn’t stuffing smug 21st Century woke politics into its audience’s brains, but is presenting a dissenting analysis. More more amazing yet, this one comes from a series’ protagonist and an appealing one at that.

Taylor Sheridan, who created “Landman,” cast Thornton and wrote and directed the speech deserves thanks and credit for packaging a provocative point of view that is sure to spark debate. Debate is ethical. What isn’t ethical is cultural indoctrination, which is how Hollywood has mostly been approaching the oil issue for decades.

Not surprisingly, the Wikipedia entry linked above states that the series contains “misinformation about renewable energy… “exposed as common propaganda tropes by Big Oil.” This is why Wikipedia should be considered a member in excellent standing with the Axis of Unethical Conduct. If Democrats had won another term in the White House, we would probably see “Landman” forced to include a disclaimer on Tommy’s speech.

I Don’t Understand the Gay Men’s Chorus of Washington

/ Jack Marshall / 17 Comments

My woke Facebook friends have been fulminating about evil President Trump causing the cancellation of a “Pride” performance at the Kennedy Center by the D.C. Gay Men’s Chorus because he fired most of the D.C. venue’s woke board and assumed the post of chairman himself. It turned out that the performance had been cancelled before the President turned his sites on the Center, which, as I noted here earlier, asked for its slap-down after its partisan and disrespectful treatment of Trump during his first term.

Never mind: some talking heads on CNN and MSNBC have been trying to blame that Toronto air crash on Trump, so this kerfuffle is just more Trump Derangement in action.

The Gay Men’s Chorus of Washington, D.C, reacted to the cancellation by saying in a statement: “We believe in the power of music to educate and uplift, to foster love, understanding, and community, and we regret that this opportunity has been taken away. While we are saddened by the decision, we are committed to this work and to our mission of raising our voices for equality for all. We will continue to advocate for artistic expression that reflects the depth and diversity of our community and country. We will continue to sing and raise our voices for equality.”

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I LOVE This Unethical Quote of the Eon From LA Mayor Karen Bass!

/ Jack Marshall / 21 Comments

“No one said you shouldn’t have gone on a trip.”

—Los Angeles Mayor Karen Bass in a local TV interview, explaining why she  flew to Ghana as the disastrous wildfires in her city had already started.

In addition to being a spectacularly desperate excuse for irresponsible and incompetent conduct, Mayor Bass’s statement is such a poor use of the English language that it is almost undecipherable. What she was trying to say is that nobody told her not to leave the city she is supposedly in charge of running to go on a junket to Africa as a life-and-death threat loomed.

Still, isn’t that statement great? First, it’s an easy Unethical Quote of—what, the month? The year? The millennium? Second, it is the equivalent of wearing a blinking neon sign that reads, “I am an incompetent!” as if the residents of her city that have two brain cells to rub together haven’t figured that out yet. Third, it’s a rationalization so desperate, impotent and moronic that one has to be about six to try it. (And yes, I must add “Bass’s Lament” to the list.) Let’s see:

Ken Lay, asked why he oversaw the Enron scam: “Nobody told me not to!”

Lance Armstrong, asked why he used banned doping techniques to win all those races: “Nobody told me not to!”

Richard Nixon, asked why he allowed the Watergate cover-up: “Nobody told me not to!”

Admiral Isoroku Yamamoto, asked why he organized the attack on Pearl Harbor: “Nobody told me not to!”

Bass’s excuse works for serial killers, rapists, cheating spouses, arsonists, and playground bullies. It’s so versatile!

The context of Bass’s instant classic was a recent interview on LA’s Fox 11 in which she explained Bass explained that the Biden administration asked her to go to the Ghana to represent the U.S. “It was going to be a very short trip – over a weekend and two business days.” Now, she told the outlet, she is mounting an investigation into why she was MIA when the city needed leadership most. We need to look at everything about the preparation and all of that for the fires… I think when we evaluate that, we will find that although there were warnings – that I frankly wasn’t aware of.” “I think our preparation wasn’t what it typically is,” the mayor continued, apparently unaware of the axiom, “When you are in a hole, stop digging.”  “That level of preparation really didn’t happen. If it had, I wouldn’t even have gone to San Diego, let alone leave the country…it didn’t reach that level to me.”

If you are wondering whether there is any chance that voters in single-party California will reconsider their knee-jerk political affiliations after the horrible performance of Bass, considered a star on the Democratic Party’s representatives of-color Congressional team (she was on Biden’s short list to be Vice-President), the answer is probably not, in part because Bass’s apparent unawareness of the concept of “accountability” is barely being publicized. I had to learn of it from the British tabloid “The Daily Mail.”

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Pointer: Old Bill