Judge Roger Vinson of Florida’s Northern District Court has struck down the much-debated individual mandate in the new health care reform law, and more striking yet, has ruled that the entire law fails to meet constitutional requirements as a result. Lawyers more skilled than I will be analyzing the opinion today and long afterward, but the opinion is also notable for its ethical approach. Continue reading
absolutism
Hero, Villain or Hypocrite: The Dilemma of the Undercover Dog-Fighter
The limits of absolutism and the drawbacks of utilitarianism both come under scrutiny in assessing the strange saga of Terry Mills, whom the ASPCA recently appointed as its Animal Fighting Specialist.
Beyond question, this is a job he is uniquely qualified to hold. In 2008, Mills worked for the FBI’s domestic-terrorism task force, and went under-cover for more than a year to expose and break up a national dog-fighting ring. His efforts resulted in many arrests, and the rescue of more than 500 animals. Accomplishing all of this, however, required Mills to become part of the culture he was attacking. He trained and fought his own dogs, engaging in the very cruelty he was working to prevent. Continue reading
TARP Ethics Dilemmas: A Guide For Advocates and Critics
Surprise! The TARP bailout of October 2008 seems to have turned out remarkably well. The Troubled Assets Relief Program, which was and still is attacked by conservatives and Tea Party critics as a $700 billion bailout for Wall Street giants who should have been allowed to fail, is now anticipated to eventually only cost the federal government about $25 billion, according to the Government Accounting Office.
When a policy that is widely criticized as wrong-headed in principle actually works, it presents ethical problems for both advocates and critics alike.
A few helpful tips: Continue reading
Ethics Hero: Asra Nomani
Asra Q. Nomani is a Muslim. She is also is an American, an author, a women’s rights activist, and co-director of the Pearl Project. Today, in a column for the Daily Beast, she broke ranks with her religion and the absolutist foes of profiling as an anti-terrorist tool with a profoundly ethical act: she argued for new policies that may be against her own interests, but also may be in the best interest of her country and the public— because she believes it is the right thing to do.
The title of her essay: “Let’s Profile Muslims.”
Some excerpts… Continue reading
Bush’s Torture Admission, Absolutism, and America’s Survival
George W. Bush, currently hawking his memoirs, has admitted in the new book and in interviews about it that yes indeed, he approved waterboarding of terrorist suspects, believed it was legal, and moreover offers evidence that the information thus acquired saved American lives. W’s opinion on these matter are hardly a surprise, but they have re-energized the defenders of the Administration’s policies of “enhanced interrogation” and rendition of apprehended terror suspects to foreign locales where the interrogation techniques were “enhanced” even more.
“NOW do you agree with the policy?” they ask, as if the answer was obvious. “The information prevented a horrific terrorist attack on Heathrow Airport (in England). See? See?”
Let us assume, just to simplify things, that everything is as President Bush represents. Waterboarding was, by some legitimate analysis, legal. The information saved American lives and prevented terrorist attacks. Do these facts mean that the use of torture—and waterboarding is torture, whether one defines it as such or not—by the United States of America was justified, defensible, and ethical?
No. I don’t think so. I believe that for the United States of America to approve and engage in the use of torture is by definition betrayal of the nation’s core values, and thus threatens its existence as the nation our Founders envisioned as completely as a foreign occupation. I wrote on this topic in 2009… Continue reading
Note to John Avlon: Having Itegrity Doesn’t Make Someone a Wingnut
John Avlon is a Daily Beast contributer; he also is the author of Wingnuts: How the Lunatic Fringe is Hijacking America. Avlon’s definition of “wingnut” often seems to be a politician who doesn’t agree with John Avlon, but his recent list of 15 wingnuts running for office this November would be hard to quibble with, except that 15 is far from enough in this disturbing election.
One aspect of his list is both telling and unfair, however. The policy position Avlon cites most frequently to “prove” that a particular candidate is a wingnut is the candidate’s opposition to abortion “even in cases of rape or incest.” Whatever that position may be, it is not evidence of wing-nuttiness. Continue reading
Unavoidable Bias in the Embryonic Stem Cell Research Controversy
In the embryonic stem cell research ethics debate, I come out on the “pro” side. Nonetheless, a New York Times article this morning shows clearly how thoroughly and unavoidably biased scientists and researchers in the field are, leading to the conclusion that the decision whether stem cell research is ethical or not, and whether, or to what extent, it should be permitted, cannot be left to them.
The article, by Amy Harmon, begins,
“Rushing to work at Cincinnati Children’s Hospital Medical Center one recent morning, Jason Spence, 33, grabbed a moment during breakfast to type “stem cells” into Google and click for the last 24 hours of news. It is a routine he has performed daily in the six weeks since a Federal District Court ruling put the future of his research in jeopardy. “It’s always at the front of my brain when I wake up,” said Dr. Spence, who has spent four years training to turn stem cells derived from human embryos into pancreatic tissue in the hope of helping diabetes patients. “You have this career plan to do all of this research, and the thought that they could just shut it off is pretty nerve-racking.” Continue reading
Ethics Audit: the Deep-Water Oil-Drilling Ban Saga
President Obama’s ban on deep-water oil drilling in the wake of the Deepwater Horizon Gulf oil disaster pits important ethical values against each other: fairness vs. responsibility. On both sides of the equation is prudence. New Orleans federal judge Martin Feldman over-ruled the ban and issued an injunction against it, saying in effect that there was no contest: the ban isn’t fair, prudent, or responsible.
The Obama Administration’s ethical argument supporting the ban goes something like this: Continue reading
The Supreme Court Looks at Miranda and Ethics
The recent Supreme Court ruling in Berghuis v. Thompkins is another in the long line of opinions attempting to determine what the familiar words (to all you “Law and Order” fans), “You have the right to remain silent” really mean. At its core, however, it is about ethics.
The various opinions interpreting the landmark 1966 case ruling in Miranda v. Arizona, which ended the common police practice of sweating, beating and otherwise coercing confessions from criminal suspects in marathon interrogation sessions had, amazingly, never before dealt with the wrinkle presented in Thompkins. The suspect in a shooting was given the Miranda warning, but never said that he wanted his lawyer or that he refused to testify, as he had the right to do. He just sat through almost three hours of questions without saying a word, and then, near the end, uttered a one word answer, “Yes,” to the question of whether he would pray to God for forgiveness for the shooting.
This admission helped convict him at trial. Continue reading
Ethics Dunce Deux: Rand Paul Whiffs on Accountability
G.O.P Kentucky Senate nominee Rand Paul has pulled off a record-worthy achievement: he has earned Ethics Dunce status twice in a week’s time, something no one else, even serial Ethics Dunces like Sen. John Kerry and Tom DeLay, were able to do in the nearly seven years the designation has been in existence. He did not earn it the old fashioned way, however, as the old Smith-Barney ads used to say. Most Ethics Dunces do something, but in both cases Paul has proven himself worthy by what he says he believes. This makes him kind of a classic Ethics Dunce. He literally doesn’t understand basic ethical values, or if he does, can’t articulate them. Continue reading
Ethics Alarms 