abortion

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 / 23 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.

 

Morning Ethics Warm-Up, 5/17/2019: Georgia On Various Minds, Carson’s Deficiencies, Harris’s Pandering

/ Jack Marshall / 17 Comments

Good morning, Ethics Lovers!

The solo performer is the immortal Doodles Weaver, Sigourney’s uncle.

1.  This is indefensible, and—I hate to keep using this word, but don’t blame me, blame prevailing political winds—totalitarian. Carl Malamud believes that there should be open access to government records, and he has a group that has been  putting them online for years. When his group  posted the Official Code of Georgia Annotated, however, the state sued for copyright infringement claiming that giving the public access to the state’s laws and related legal materials without the state’s authorization is the “strategy of terrorism.”

No, having laws that the public has no way to see or understand without paying for them is the strategy of dictators. A federal appeals court has ruled against the state, and now Georgia wants the Supreme Court to step in. So does Public.Resource.Org, Malamud’s group, which also wants SCOTUS to resolve the issue,  since the question of who owns the law is  current in  20 other states that have copyrighted their  annotated codes. The issue is whether citizens can have access to “the raw materials of our democracy.”

I think Georgia is going to lose and lose ugly, though I have given up prediction 9-0 Supreme Court rulings. That’s what this one should be, though.

2. More on “the best people” front. One awful aspect of the Trump Administration that cannot be defended is the President’s irresponsible appointments, which are too numerous to list. In the case of Dr. Ben Carson, whom Ethics Alarms assessed as some kind of idiot savant based on his embarrassing performance in the debates, we knew, or should have known, that Trump appointing him Secretary of HUD was a guaranteed fiasco in the making. Continue reading →

Morning Ethics Warm-Up: When You Are Tempted To Beat Your Head In With A Claw Hammer As You Read These Items, Think Of Buddy Mercury

/ Jack Marshall / 30 Comments

GOOD MORNING!

Honestly now, how can anyone get depressed about ethical the state of a world with Buddy Mercury in it?

1. Yes, I know that this is just a has-been ex-child star with an inflated concept of her own wisdom and authority, but it’s significant anyway. Alyssa Milano, 46, late of “Who’s the Boss” and “Charmed,” tried to promote a female sex strike against men to protest recent anti-abortion bills  in several states. This stunningly stupid idea–but classical!—was rightly attacked from both the Left and Right, but it is worthy of note for one reason: it illustrates how progressives are increasingly favoring boycotts, force, intimidation, violence and bullying as the mean of achieving their policy objectives, and abandoning reasoning, elections and law. This attitude suggests a growing hostility to democracy, and that is worrysome.

When the Lysistrata-inspired #SexStrike that she declared would deny men sex “until we get bodily autonomy back” (think about that for a minute) protest fell flat, Milano threw a self-reported tantrum on Twitter and pivoted to an appeal to emotion that omitted the legal and ethical realities. The new object of her outrage was a CBS report about an 11-year-old rape victim who couldn’t get an abortion under Ohio’s yet-to-be-signed fetal heartbeat bill. Milano, like all abortion rights absolutists but especially loudly, appears to be incapable of perceiving or admitting that anti-abortion legislation is not an expression of hostility to women at all.  Right or wrong, it is based on a sincere and ethically defensible (under reciprocity and Kantian ethics) argument that a human life, even a nascent one, must have priority in the utilitarian balancing involved when a pregnancy is unwanted by the mother. Continue reading →

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

/ Jack Marshall / 65 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 →

Our Untrustworthy, Perplexing, Depressing State Legislators

/ Jack Marshall / 58 Comments

As a passionate supporter of American democracy in both practice and theory, I find the proliferation of ignoramuses, fools and morons among both elected representatives and the voters who allow them to acquire access to the levers of power to be a constant source of discouragement. The old adage about democracy being the worst form of government except for all the others is scant consolation, true as it may be. I only tune in to the reliably idiotic goings on at the state legislature level when someone or some news story forces me to take a look, which I anticipate with enthusiasm akin to that I felt toward going down into our scary basement when I was a kid. (OK, up until I moved away at 21. OK, STILL.)

Here are two examples from today….that I know about.

Alabama took another step toward near-total abortion ban legislation, House Bill 314, the “Human Life Protection Act.”  The Republican-supported bill is  in  direct defiance of 1973’s Supreme Court  Roe v. Wade ruling, an obvious gambit to try to get the conservative Roberts court to overturn it. Grandstanding, obstinacy, call it what you will, this bill is futile, foolish, and incompetent. An outright reversal of Roe is not in the cards, not even in the most fevered fantasies of anti-abortion fanatics and pro-abortion absolutists. The new law, if it becomes a law, will be struck down by a the highest Alabama court, and won’t make it to the Supreme Court docket. It’s an illegal law, that’s all. A law reestablishing child labor or repealing female suffrage would have about as much chance of getting the Court’s attention.

If Roe is to be weakened or modified, it will occur incrementally, with the Court ruling on legitimately debatable regulations regarding when a fetus or unborn child qualifies for full Constitutional protection. It is understandable that ordinary, untrained, confused citizens might think that the way to remove established Court precedent is to directly oppose it with a state law, but  that’s because, for most of them, making laws isn’t their job. State legislators, on the other hand, have no excuse but their own lack of preparation for their civic duty, and ignorance. Continue reading →

Morning Ethics Warm-Up, 5/3/2019: The “All They Had To Do Is Not Be Crazy, And They Couldn’t Even Do That” Edition [Part II]

/ Jack Marshall / 14 Comments

I’d recommend reading the Introduction to this two-part post before diving into this. I also recommend holding down the top of your head…

1. You want crazy, I’ll give you crazy... The Washington Post, one of the two loudest media heralds for the  Woke, progressive and nuts, felt it was necessary to raise this question: “Why didn’t Chewbacca get a medal?” As I’m sure you know, Peter Mayhew, the tall actor who played the lovable, if inarticulate Wookie, died yesterday. Thus the Washington Post felt it was newsworthy to discuss whether the Rebels in the original Star Wars were white supremacists or something because the final scene shows Luke and Han wearing medals for saving the galaxy far away but poor Chewbacca with nothing, although he’s obviously being honored too.

We really do have to be trained to see racism everywhere, especially when white bitches like Princess Leia call the shots.

This comes on top of another Post  article by John Broich, who teaches WWII and British Empire history at Case Western Reserve University, and typifies why sending your kid to college today is irresponsible. His position:  “Allied leaders were anti-Nazi, but not anti-racist. We’re now paying the price for their failure.”

Now if I read this right, the logic of the current history-cleansing Left would require that all monuments to W.W. II leaders, generals and soldiers should be hauled down, since they enabled racism. He concludes,

“After Charlottesville, too, social media echoed with variations of the line: “My grandpa didn’t fight the Nazis only for them to return.” And it’s possible that a good many of our grandfathers might have fought the Nazis expressly to oppose their race supremacy. But it’s worth putting this plainly: The Allied leadership did not fight the war over fascist race-nationalism. That was the historical path not taken.”

The allied leadership and its soldiers fought the war to win, and did.  The total defeat of Hitler and Japan sent the most powerful message possible to the public and the world that genocide and race hatred were suicidal ideologies. Continue reading →

Is The Democratic Party the Party of Anti-Semitism, Infanticide, And Socialism?

/ Jack Marshall / 13 Comments

Rep. Liz Cheney, the third-ranking Republican in the House, told NBC’s “Meet The Press” last week that Democrats have become the party of “Anti-Semitism,, infanticide, socialism.” This wasn’t quite as inflammatory as when Samuel Burchard, speaking at a GOP pro-James G. Blaine campaign event during the 1884 race against Democratic candidate Grover Cleveland, denounced the Democrats as the party of “rum, Romanism, and rebellion,” but you wouldn’t know it from the howls coming from progressives, because, as we all know, the truth hurts. Well, that’s not quite fair: Cheney was engaging in hyperbole and being intentionally inflammatory, but she wasn’t entirely wrong.

Let’s look at the “infanticide” accusation. Obviously Democrats don’t favor killing babies as a general proposition, but Virginia’s  Democratic governor and renowned Michael Jackson impressionist described exactly how he would make an abortion-survivor “comfortable” before making the newborn dead. (Many states have laws that allowed condemned men to go free if they survived an attempted execution. Seems fair…)

Democrats in the Senate—all but a handfull—blocked a GOP bill requiring doctors to use all means available to save the life of a child born alive after an attempted abortion. They must, it said, “exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child” as they would for “any other child born alive at the same gestational age.”

Senator Ben Sasse, the Nebraska Republican who authored the bill, had called it an “infanticide ban.” Rationalizing like mad, Democrats said that the bill was aimed at discouraging doctors from performing legal abortions—in other words, they were pandering to the pro-abortion extremists—and that it was unnecessary because a similar law already exists, the Born-Alive Infants Protection Act of 2002.—you know, because the Democrats have always opposed redundant legislation. Continue reading →