abortion

The SCOTUS Decision In June Medical Services v. Russo

/ Jack Marshall / 8 Comments

This post just leapt over several others because the case was just announced.

The Louisiana Unsafe Abortion Protection Act, enacted in 2014, requires physicians performing abortions in Louisiana to have the right to admit patients to a hospital within thirty miles of the place where the abortion is performed. The law is virtually identical (as today’s opinion points out) to a Texas law that the Court held in Whole Woman’s Health v. Hellerstedt was unconstitutional four years ago by a vote of 5-3. In a vote that will have conservative bloggers’ heads exploding  like fireworks, Chief Justice John Roberts, who had been among the dissenters in the Texas case, joined the four liberals in ruling that the Louisiana law is also unconstitutional, while saying that he still believes that the Texas case was wrongly decided.

The decision is here. SCOTUS Blog’s coverage is here.

I won’t comment on the dissents—-there are several—because I haven’t read them yet.  (But I would bet my head that Justices Alito and Thomas essentially recycled their previous objections to Whole Woman’s Health v. Hellerstedt. ) However, I wrote at length about the Texas case in 2016, and upon reviewing it, I see nothing substantially different from what I would conclude about today’s decision. in both cases, it seems clear that the state was using a pretextual safety measure to restrict abortions as much as possible.  Then I wrote, Continue reading →

The Pandemic, Medical Ethics, And Baseball: What Exactly ARE “Essential Surgery And Medical Procedures”?

/ Jack Marshall / 19 Comments

One of the policy and medical ethics issues that is looming larger as the pandemic continues is the requirement that hospitals not be burdened by  “non-essential surgery and medical procedures.”

I agree: it would have been better if  Ethics Alarms has more precisely defined “essential surgery and medical procedures”  in the previous post on the issue, when I examined the question of whether abortion can be ethically put in that category as Texas and Ohio have decreed. Abortion, as that post noted, is a particularly poor  choice for such analysis, given that our society cannot agree on what it is, other than the Supreme Court’s ruling that whatever it is, a woman has a Constitutionally right to do it.

Incidentally: can we agree that there is also a constitutional right to have any surgery or medical procedure? It hasn’t been specifically stated by the Court, but I assume that the abortion precedent applies to everything else as well, from having a kidney transplant to getting a wart removed to acquiring breast implants. These would all fall under the right of privacy and inalienable rights of life, liberty and the pursuit of happiness. Forbidding any surgery, non-essential or otherwise, is a big deal, and my guess is that a judicial challenge to the whole concept would stand a substantial chance of success. What is essential surgery to me might not be such to you, but frankly, my dear, I don’t give a damn, and unlike an abortion, my procedure isn’t killing anyone. Continue reading →

Should Abortions Be Ruled “Non-Essential” Medical Procedures In The Pandemic Crisis? An Ethics Decision-Making Exercise

/ Jack Marshall / 12 Comments

News Item:

Texas and Ohio have included abortions among the nonessential surgeries and medical procedures that they are requiring to be delayed, setting off a new front in the fight over abortion rights in the middle of the coronavirus pandemic in the United States.

Both states said they were trying to preserve extremely precious protective equipment for health care workers and to make space for a potential flood of coronavirus patients.

But abortion rights activists said that abortions should be counted as essential and that people could not wait for the procedure until the pandemic was over.

On Monday, Ken Paxton, the attorney general of Texas, clarified that the postponement of surgeries and medical procedures announced by Gov. Greg Abbott over the weekend included “any type of abortion that is not medically necessary to preserve the life or health of the mother.” Failure to do so, he said, could result in penalties of up to $1,000 or 180 days of jail time.

Oh-oh.

Is abortion truly a non-essential medical procedure? Is it ethical to treat it as one? This is a perfect storm of an ethics conflict colliding with an ethical dilemma, with so many of the factors that confound ethical analysis present. For example, is the shortage of beds and the stresses on medical services really the only factors being considered by those in making the policy decisions in Texas and Ohio? Is the pandemic really a cover, in whole or in part, for other motives, like a desire to limit abortions generally for as long as possible? Is the ethical response by a pregnant woman to comply with the policy, even to the point of giving birth. There are many ethics decisions involved here.

Let’s just focus on one of them, the decision to call abortions non-essential procedures, and run it through one of the ethics decision-making systems. I’m going to use Professor Laura Nash’s 12 Questions, from her Harvard Business Review article, “Ethics without the Sermon” (1981)]

1. Have you defined the problem accurately?

In other words, “What’s going on here?” Continue reading →

What’s Going On Here? A Hallmark Mystery And A Confederacy of Ethics Dunces

/ Jack Marshall / 4 Comments

The anti-abortion film “Unplanned” was honored with three nominations for the 28th Annual MovieGuide awards that aired on February 24 on the Hallmark Drama cable channel.  “Unplanned,” written and directed by Chuck Kozelman and Carey Solomon, tells the true story of  Abby Johnson’s transformation  from director of a Planned Parenthood abortion facility to a full-time pro-life advocate.The film’s star Ashley Bratcher was nominated for the Grace Award for Most Inspiring performance; “Unplanned” was up for the Faith & Freedom Award, and had a nomination in the “Best Movies for Mature Audiences” category. Nevertheless, every mention of the movie  was cut from the pre-recorded televised show. The nominees from “Unplanned” were the only nominees eliminated from the broadcast.

Dr. Ted Baehr, the founder and publisher of MovieGuide, which hosted the awards, admitted that it was his organization that edited the movie out of the nominees listing, not Hallmark, which, he said, only broadcast the show. His asinine excuse was that “some” in his organization felt “Unplanned” should not have been nominated for awards. Does that make any sense at all? If the Oscars left an entire film and its nominees out of the awards broadcast, would anyone accept the excuse that it was done because “some people” didn’t agree with the nominations? Continue reading →

Ethics Dunce: Senator Chuck Schumer [CORRECTED]

/ Jack Marshall / 30 Comments

“I want to tell you [Justice] Kavanaugh, I want to tell you [Justice] Gorsuch: You have unleashed a whirlwind, and you will pay the price.You won’t know what hit you if you go forward with these awful decisions!”

—–Democratic Senate leader Chuck Schumer, sounding like Sonny Corleone, in front of the Supreme Court.

How many ways was this demagoguery wrong, as in spectacularly unethical? Let’s see:

  • Schumer  threatened Supreme Court justices, by name. What does “pay the price” mean, if not, “Just you wait, you’re gonna regret this!”

There is no possible justification for such ominous rhetoric

  • It is an attempt at intimidation as well as  encouragement to others to follow through on Schumer’s threat. This prompted Chief Justice Roberts into a making an unprecedented protest, as he wrote, “Statements of this sort from the highest levels of government are not only inappropriate, they are dangerous. All members of the Court will continue to do their job, without fear or favor, from whatever quarter.”

Perfect.

Even addled Larry Tribe, the former Harvard Law School icon turned mad anti-Trump tweeter and conspiracy-monger, called Schumer’s outburst intolerable, tweeting,

These remarks by @SenSchumer were inexcusable. Chief Justice Roberts was right to call him on his comments. I hope the Senator, whom I’ve long admired and consider a friend, apologizes and takes back his implicit threat. It’s beneath him and his office.

Prof. Jonathan Turley joined the chorus and wrote, Continue reading →

Evening Ethics Catch-Up, 2/26/2020: Goodbye Baby Peggy And Baby “Whoops!”

/ Jack Marshall / 12 Comments

Sorry, this is later that I intended…

I’ve been working on accounting ethics, which always slows down my metabolism to Galapagos tortoise levels…

1.Worst lie of the year (so far)…In Winter Park, Florida, Jorge Torres was found dead , zipped into a suitcase. Suspect Sarah Boone insisted that it was all a tragic mistake. They  were playing hide and seek, she said, and he just hid too well. A cellphone video, however, caught his cries for help from inside the suitcase, as she said, “That’s what I feel like when you cheat on me!” Boone, however, told police that the wacky couple thought it would be funny if he got inside the suitcase. They were drinking at the time and who hasn’t zipped up a loved one in a suitcase when spirits run high? Unfortunately, Sarah passed out on her bed, and when she woke up hours later, poor Jorge was dead.

That’s her story, and she’s sticking with it.

2. Remember “Baby Peggy”? Probably not, but she was probably the last living link to the silent movie era, and she died this week at 101. She was also one of the earliest examples of the child abuse that became routine in Hollywood. Baby Peggy, real name Peggy-Jean Montgomery, had made about 150 movies by the time she was five-years-old, and was a multi-millionaire at four. As has been the norm with child stars from Peggy through Jackie Coogan to Gary Coleman, Peggy’s parents stole her money and spent it all. They also let her risk life and limb in pursuit of her “art” that she was too young to understand. During her silent-film career, “Baby Peggy”  was thrown from a speeding pickup truck, narrowly escaped a horse trampling and survived near-drownings and incineration. Continue reading →

Ethics Alarms To “The Ethicist”: It’s Called “The Golden Rule”—Why Is That So Hard?

/ Jack Marshall / 21 Comments

I hadn’t checked in for a while on Kwame Anthony Appiah, the N.Y.U philosophy teacher and author who finally brought ethical consistency to the New York Times magazine’s advice column, “The Ethicist.” I was surprised to find him struggling to answer two family related queries that I would have assumed he could and should have answered  easily with three words: “The Golden Rule.”

The first inquirer asked in part,

Recently a mutual acquaintance who knows my friend’s husband well told me that he has been cheating on my friend on and off for years with someone who once worked with him.I know that if I reveal this information, my friend will take their child and leave her husband. Do I sit on this information and pretend the affair isn’t happening, or do I tell her?

Isn’t that an easy call? Of course she should tell her friend. The Golden Rule applies: would she want to be told if the positions were reversed? Sure she would; anyone would. Not telling her would be a betrayal of the worst kind.

Yet Appiah uses 608 words to reach that conclusion. 608! This makes a slam dunk of an ethics decision appear to be a difficult one. Oh, it’s difficult in the sense that the inquirer has to take sides in a crisis affecting a couple she and her husband are close to, and thus the repercussions as well as the process will be unpleasant, but that’s life. One of the Ethics Alarms rules is that if you can fix a problem, fix it. The Ethicist’s rabbinical musings about the decision just supplies a dangerous volume of rationalizations to temp the questioner into keeping the husband’s secret, and abetting the harm. Continue reading →

Ethics Warm-Up On What I Fear Is The Start Of An Unethical Week, 1/27/2020

/ Jack Marshall / 32 Comments

Just a sinking feeling I have …

…perhaps exacerbated by the fact that I am trying to keep all the plates spinning at home and office despite caring for my temporarily disabled wife and business partner, the urgent need to disassemble the driest Christmas tree in Alexandria (still looks spectacular with the lights on, though!), the sudden breakdown of two crucial appliances, and the fact that I’m incompetent at a lot of the small and crucial tasks that Grace does well.

By the by, the spinning plates act is my favorite metaphor for leadership, management and life…

1. Trump tweets…“Shifty Adam Schiff is a CORRUPT POLITICIAN, and probably a very sick man. He has not paid the price, yet, for what he has done to our Country!” tweeted our Chief Executive yesterday. What grade level does that one rise to? 6th? 7th? Surely reasonable people are inured to these embarrassing (for him, for us) outbursts after all these years and thousands of stupid tweets. And yet here are Schiff and the Democrats, bellowing that Trump “threatened” him. This, from a shameless demagogue who recently yalked about putting Republican Senators’ heads on pikes.

Essentially Trump’s “threat” consists of “he’ll be sorry!” That’s not even a veiled threat. It isn’t actionable, it isn’t clear. It may refer to karma, or a sudden attack of conscience. Stipulated: It’s wrong for a President to express such sentiments. The knee-jerk impulse of the “resistance” to react to everything the President does like it was proof of treason is self-indicting.

2. The alleged hypocrisy of jet-setting climate change activist celebrities is often overplayed by conservatives, but this is ridiculous. Not to be outdone by whatever she is these days semi-royal Megan Markle and her submissive hubby, Prince Charles polished his climate change alarmist  creds by taking three flights on private jets and a helicopter to hang out with Joan of Arc wannabe  Greta Thunberg. Then, after being blessed by the teenaged saint and making  an impassioned speech, the Man Who Has Been Waiting To  Be King  took a fourth private jet from Switzerland to Israel, making his flight total over 16,000 miles in less than two weeks. His carbon footprint for this odyssey was estimates as being more than 18 times that of the average British citizen’s output for a calendar year.

Here’s a helpful chart, courtesy of the Daily Mail:
 Continue reading →

Morning Ethics Warm-Up, 1/8/2020: War, Defamation, Bias, Abortion…What Fun.

/ Jack Marshall / 33 Comments

“

ARRGH!

Another day, another “crisis”…

Current reports indicate that Iran regards its casualty free missile strikes last night as a sufficient “tat” for the killing of their master terrorist “tit.” If so, the “ARRGH! WORLD WAR III!!” anti-Trump hysterics were, as usual, wrong, and just embarrassed us, nothing more.. Meanwhile, Iran is refusing to hand over the black box of the Ukrainian airliner that just coincidentally crashed right around the time the missiles were flying. The fact that so many Democrats have allowed their brains and loyalty to rot to the extent that they defend  this awful place in order to attack their own nation’s President is all we need to know about the trustworthiness of their party.

1. Wrapping up the Golden Globes’ ethics issues…Michelle Williams is getting predictable hosannas from her acceptance speech at the Goldden Globes, in which she thanked abortion for her success. She said she wanted a life “carved by my own hand” and “wouldn’t have been able to do this without employing a woman’s right to choose.” The New York Times called these words “potent.” I call them deceitful. I’ll praise an equivalent speech when the woman has the integrity and courage to thank the human being who involuntarily gave up his or her chance to carve out a life with their own hand. The use of “choice” as euphemism for “I get to kill someone who stands in my way” is self-deception.

2. Thinking about Trump’s threat...The President backed down from his threat to target Iranian cultural cites in retaliation for any attacks on Americans after being informed that this would be a war crime under international law. I confess, I did not know this was prohibited, and I am not certain what to think about that. I knew the destruction of ancient architecture and important cultural cites became an issue for the Allies in World War II, but this has yet to make sense to me. The whole concept of the “nice” war is ethically incoherent. The idea of war must be to win as quickly as possible, minimizing deaths and chaos on both sides, especially one’s own. If the prospect of losing a nation’s treasured cultural structures is a deterrent to war, then to say that has no “military value” is simply not true. If you can’t tolerate risking your cultural treasures, don’t get into wars.

The values involved in this controversy are also incoherent. In “The Monument Men,” George Clooney’s sort-of accurate account of the special forces whose job was to track down and rescue great artworks stolen by the Nazis, the question is asked repeatedly, “Was retrieving this painting or statue worth sacrificing a human life?” I have no problem voting “Sure!” If the question is changed to refer to a thousand lives, or 10,000, I’m not so sure. Continue reading →

Saturday Morning Ethics Warm-Up, 1/4/20: Abortion, Ann Althouse, A Big Lie And The Big Stupid

/ Jack Marshall / 8 Comments

Good morning!

We’ve started a year without a dog enriching each day for the first time in over three decades. Don’t like it much.

1 . Lobbying the Supreme Court against abortion.  207 members of Congress — 39 senators and 168 House members from 38 states — filed  an amicus  brief urging the Supreme Court to uphold a Louisiana anti-abortion law when it hears the case in March, stating they “have a special interest in the correct interpretation, application and enforcement of health and safety standards for elective abortion by the people of the states they represent.” In the brief, the mostly GOP legislators (two Democrats also signed on) implore  the Supreme Court to uphold a lower court’s decision to let stand a Louisiana statute that requires physicians who perform abortions to have admitting privileges to a hospital within 30 miles of where the procedure is being performed. SCOTUS declared virtually the same law unconstitutional in Texas; the argument for this law is that Texas is bigger than Louisiana.

I’m serious.

The Center for Reproductive Rights argues that the Louisiana law is really an effort to “regulate abortion out of existence,” claiming that only one physician in the state would be able to  provide abortions if the law is allowed to stand.

Oh, I think it’s pretty obvious what’s going on.

2. Another Big Lie. When I went to a local cineplex to see “Ford vs. Ferrari,” I was stunned at how few employees were in evidence at a movie house with 18 screens and hundreds of people buying tickets. There was one human being selling tickets, the rest were dispensed by automated kiosks. There were no ticket-takers at all; we figured out that we could have just walked into any of the theaters without showing a ticket to anyone. To buy drinks and snacks, I  had to stand in a line for over 20 minutes, because only one person was filling orders. Continue reading →