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

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

Saturday Ethics Warm-Up, 3/28/2020: Well, In At Least One Respect, WW II Must Have Felt Like This…

“This” being that almost every single news item and media article related in some way to a single topic, the war then, the pandemic today. That’s one reason President Roosevelt asked major League Baseball to keep playing on, despite the fact that most of the game’s stars had enlisted or were about to,  leaving the teams to field old players, players who came out of retirement, minor leaguers, and such curiosities as Pete Gray, the one-armed outfielder. 

Wait: the baseball season was supposed to start two days ago, and is postponed at least until May. In that regard, at least, this is worse than World War II…

1. Speaking of baseball: Red Sox ethics! Major League Baseball approved a pool of 30 million dollars (That’s $1 million per club) to compensate ballpark employees during the enforced suspension of games. That left out the employees of subcontractors like Aramark, the company that supplies Fenway Park with food services, among other things. The Sox announced that it would add a half-million dollars to the $1 million for Aramark, a move that is expected to shame the other 29 clubs into similar moves.

2. You wonder why America’s children are growing up to be Marxists? Well, this doesn’t help: The following articles appeared this week in Teen Vogue:

3. From the front page of the Boston Herald:

I’m not going to track down the article; it would just ruin the wonderful picture in my head. Continue reading

Afternoon Ethics Warm-Up, 3/23/2020: Examining The—OH NO! I TOUCHED MY FACE!!!

1. From the “Futile isn’t Ethical” files. The hectoring over face-touching is annoying at a time when we need less annoyances. Here’s a useless article that gives elaborate strategies for eliminating face-touching only to admit toward the end that you probably can’t stop. I’ll wager that nobody can stop, since we do it thousands of times a day, often for good reasons, and that with all the other things we have to think about, thinking about NOT doing something natural all day long—which is essentially the strategy the three professors of psychology credited with the article recommend—will do more damage than it addresses.

Here’s a typical passage:

“Now that you are aware of the behavior you want to change, you can replace it with a competing response that opposes the muscle movements needed to touch your face. When you feel the urge to touch your face, you can clench your fists, sit on your hands, press your palms onto the tops of your thighs, or stretch your arms straight down at your sides.”

Here’s another idea that I’m sure everyone will want to adopt while they worry about their jobs, their friends, and where their next meal is coming from:

Self-monitoring is more effective when people create a physical record. You can create a log where you briefly describe each instance of face-touching. For example, log entries might say:

—Scratched nose with finger, felt itch, while at my desk
—Fiddled with eyeglasses, hands tingled, frustrated
—Rested chin on palm, neck sore, while reading
—Bit fingernail, nail caught on pants, watching TV

2. Baseball ethics fix: While there’s no baseball for an undetermined period, baseball continues to spark ethics consideration. Continue reading

From The Ethics Alarms Archives: “Age and the Judge,” And A Current Day Example.

The discussions regarding Joe Biden’s age-related decline reminded me of a post that had been languishing on the runway since mid February. It was prompted by a tip from Neil Doer (I think it was Neil) who pointed me to this article about  a well-respected federal judge in Brooklyn, Jack B. Weinstein who was retiring after more than a half-century on the bench. He’s 98 years old, and it seems like he’s been an outstanding judge. My position was and is, however, that it is unethical for a judge, and indeed any professional, to continue in a position of responsibility at such an advanced age.

Obviously, I would apply that principle to politicians and leaders as well. This is another area where professional sports, especially baseball, provides useful case studies that can be instructive. Players who were great at 25 are also better when they are 40 than the more average players, whose natural decline as the result of aging will usually cause them not be able to perform  at an acceptable standard by late middle age. The great player often will still be good, but almost no player (almost) will be as excellent in his late 30s and early 40s as he was in his prime. As the financial benefits and other perks of playing major league baseball have increased over time, fewer aging greats are willing to go gentle into the good night of retirement. Their last years are often sub-par, certainly for them, or worse, but they will not voluntarily retire. Check the records of Miguel Cabrera, Pete Rose, Willy Mays, and Mickey Mantle, to name just a few.

Famously brilliant and contrary judge Richard Posner took the unpopular position among his colleagues that federal judges ought to have a mandatory retirement age. He recommended 80, but in his own case, when everyone expected him to stay until the bitter end, he retired at 78, because, he said, it was time. I’m not convinced that 80 isn’t still too old, but at least it’s a limit.

I remember well my one meeting with Antonin Scalia at a bar function not long after he had joined the Supreme Court.  He was relaxed and jovial, and when I asked him how long he thought he’d stay on the Court, he laughed and said that he couldn’t imagine staying until they “carried him out,” like so many other justices. He said it was important to leave the bench “while you still have most of your marbles.,” and to him, this meant before 80. He said he would stay about ten years.

Antonin Scalia died while still on the Court, in his 20th year of service, just short of his 80th birthday.

Here, from 2009, is “Age and the Judge.”

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Continue reading

Morning Ethics Warm-Up,2/25/2020: Remembering “Float Like A Butterfly, Sting Like A Bee” [CORRECTED]

Notice of a correction: in the first version of this post, I mistakenly wrote that the famous photo above was  of the first Liston fight. It was not: this was the dramatic scene that ended the rematch. Thanks to Tim Levier for reminding me.

Good Morning!

1. Cultural literacy thoughts: I wonder…how many Millennial Americans—or among the post-boomer generations—recognize the context of the photo above? On this date in 1964, a brash 22-year-old black boxer named Cassius Clay (1942-2016) pulled off one of the great upsets in sports history, defeating world heavyweight boxing champ Sonny Liston, an 8-to-1 favorite, in a seventh-round technical knockout. The now iconic photo above captured the dramatic finale of the 1965 rematch, ending the speculation that Clay’s victory over the previously frightening Liston had been a fluke.

Indeed, the 1964 fight was just the beginning of a remarkable story.

After his stunning victory, the sudden celebrity attended a victory to a private party at a Miami hotel. In attendance was Malcolm X, the outspoken leader of the rising African American Muslim group known as the Nation of Islam. Two days later, Cassius Clay announced he was joining the Nation of Islam, and renounced his “slave name”  to adopt  the Muslim name, Muhammad Ali. As Ali, he became one of the most influential social and political figures of his era, affecting civil rights, politics, public attitudes, language and culture…and sports, of course, as  professional boxing’s greatest champion. After successfully defending his title nine times, Ali surrendered it in 1967 after he refused induction into the U.S. Army on the grounds that he was a Muslim minister and thus  a conscientious objector. His stand against the Vietnam War galvanized national opposition to the war, especially among students and the young. In 1971,  the U.S. Supreme Court overturned Ali’s draft evasion conviction, and in 1974, he regained his heavyweight title in a match against George Foreman in Zaire, enshrining his phrase “rope-a-dope” in our lexicon. Eventually Ali became  the first boxer to win the heavyweight title three times. His post-retirement diagnosis  of pugilistic Parkinson’s syndrome and the sad spectacle of the once loquacious and witty athlete’s slow decline into near speechlessness and impaired motor functionscontributed to the collapse of boxing’s popularity. Ali was awarded the Presidential Medal of Freedom by Ronald Reagan, and lit the Olympic flame at the opening ceremonies of the1996  Summer Games in Atlanta, Georgia.

My mother, who like virtually everyone in her first generation Greek family was uncomfortable around blacks, once met Ali, who was seated next to her at a Harvard College function when she was Assistant Dean of Housing. She said later that he was the most charming, charismatic, beautiful man she had ever met in her life.

2. You can lead an idiot to child-proof packaging, but you can’t make him think. A study in the Journal of Pediatrics aimed at figuring out why there has been a steep rise in accidental poisonings of U.S. children according to CDC figures has come to a disturbing conclusion. Researchers analyzed nearly 4,500 calls to five U.S. poison centers in Arizona, Florida and Georgia over an eight month period in 2017. They found more than half of the prescription medicine poisonings occurred because parents and grandparents removed  pills and medicines from child-proof packaging to make them more easily accessible, to help the adults remember to take them, or more convenient for travel. Continue reading

Sunday Ethics Hymnal, 2/23/2020: Bernie Freakouts, And Other Amusing And Unsettling Ethics Phenomenon

It’s a glorious Sunday in Alexandria!

I hope you have the same good fortune wherever you are…

1. What a fun season the Astros are facing...Yesterday, in their first Spring Training game, the Houston Astros were booed by their own “home” fans in West Palm Beach, Florida. They will have an overhwelming amount of pressure on them this year in addition to being  pariahs in every ballpark in te American League. If they don’t win their division again, or approach the 100+ wins the team has amassed ever season since 2017,  the narrative will be that tis proves that it was the team’s cheating, not its superior talent, that had made them champions. Of course that will be a false conclusion, since there are many factors that could diminish the Astros in 2020, such as the loss of their best pitcher, Gerrit Cole, to free agency.

There were other ethically dubious moves by the Astros yesterday. Although teams are required by an MLB directive to include at least some team regulars in Spring Training games, since spectators are paying substantial amounts to attend, manager Dusty Baker had only minor leaguers in the line-up, apparently wanting to delay and minimize the fan abuse heaped on his team. Thus a line-up of players who had absolutly nothing to do with the sign-stealing that marred the Astros’ 2017 season and World Series victory absorbed the anger of the fans intended for the no-shows.

Meanwhile, ball park personnel confiscated signs brought by some fans to express their disapproval. The signs weren’t obscene or vulgar, just critical, like “Houston” with an asterisk,  implying that the Astros’ 2017 World Series title would be forever blemished by the team’s cheating. That sign is telling the undeniable truth.

Can’t have that.

2. Now here’s an old tradition that does not need to be revived...

Continue reading

Oh, Great: Baseball Turned Bernie Sanders Into A Socialist

First the sign-stealing scandal, and now this.

It is, apparently not exactly a new revelation that having his juvenile heart broken by a baseball team set Bernie Sanders on the dark road that had stops in Moscow and the Workers’ Paradise, but it is a timely moment to expound on the tale, readying as the Vermont Senator is to tear the Democratic Party asunder.

Many distinguished Americans of a certain age, from historian Doris Kearns Goodwin to Old Blues Eyes himself have waxed nostalgic about Walter O’Malley’s great betrayal, when he yanked the beloved Brooklyn Dodgers away from their iconic Ebbets Field home to the corrupt embrace of La La Land.

As  baseball fans know *or should), the year was 1957. The Brooklyn Dodgers, affectionately called “Dem Bums” by  the locals, had finally rewarded their community with a World Series championship over the hated Bronx-dwelling Yankees in 1955. Then, on a day that lives in infamy, Dodgers owner O’Malley announced that the team was leaving. (So were their National League rivals, the New York Giants, heading to San Francisco.) The Dodgers were a massive part of the Brooklyn community’s self-image, and the degree of trauma  it suffered cannot be underestimated. Bernie suffered too, and the scars still ache. Sanders told the Times in a recent interview:

“It was like they would move the Brooklyn Bridge to California. How can you move the Brooklyn Bridge to California?… I don’t want to tell you that was the sole reason that I’ve developed the politics that I’ve developed. But as a kid, I did see in that case about the greed of one particular company. And that impacted me.”

And here we are. In one of the more dramatic examples of Chaos Theory in action and the Law Of Unexpected Consequences, an upheaval in the  national pastime started the dominoes tumbling that threaten the Democratic Party and the nation’s economic stability 63 years later. What fun! Continue reading

Morning Ethics Warm-Up, 2/13/2020: I’m So Sorry I Missed Your Birthday, Mr. Lincoln.

I am awash with shame.

Yesterday was Abe Lincoln’s birthday, and I didn’t remember until late last night. This is the inevitable result of Presidents Day, the lazy combination of Lincoln and Washington’s birthdays into one floating holiday that lumps all our Presidents together as if they were equally laudable. (They are all laudable, but not equally.) Thus Franklin Pierce gets as much love from our calendar as Abe and George, which is ridiculous. ( President Pierce’s birthday I remember, because it’s the same date as my wedding anniversary, November 23.) In the old days before the blight of Presidents Day, school children would spend both February 12 and 22  learning about and doing projects related Lincoln or Washington. Without either of these great leaders, we probably don’t have a nation today, or if we do, it would be a vastly diminished one. Our first and Sixteenth Presidents tower over the rest in leadership ability, vision, and impact on our history and culture. Both deserve their own holiday, because every American should take at least a day out of every year to remember these two icons and honor their essential contributions, at great sacrifice, to the existence of the United States of America as well as the welfare of all of its citizens, past, present and future.

Today, most Americans couldn’t describe what Lincoln said at Gettysburg, and that’s not a recent phenomenon. In the classic movie “Ruggles of Red Gap,” a barroom full of Americans in a Western frontier town are unable to recall Lincoln’s message, but the very British butler, recently immigrated, can. Charles Laughton, who played the butler, continued to deliver Lincoln’s masterpiece throughout his career after that scene became the highlight of the movie. You can watch it here—I’d embed it, but there is no YouTube version.

1. Self promotion dept. I’ll be participating in a live podcast later today, discussing the ethical implications of nepotism. Details to come.

2. Still more developments in the Houston Astros cheating scandal. Earlier this morning I watched a live press conference from the Astros Spring Training camp about the sign stealing scheme. From a public relations standpoint, the spectacle made the Astros problems worse.

Stars  Alex Bregman and Jose Altuve spoke for a grand total of 90 seconds, sounding for all the world  like American prisoners of war in North Korea. Owner Jim Crane did most of the talking, which was unfortunate for the Astros and baseball. He  took no responsibility at all for what went on in 2017, though he was at the top of the organization chart: this is called the “Ken Lay excuse.” Worse, Crane repeatedly refused to acknowledge that using a secret camera to relay to the Astros dugout the opposing catchers’ signs telling pitchers what to throw, which were then relayed to  Astros batters by players banging on trash cans, constituted cheating. All Crane would say was “We broke the rules. We can argue about what you want to call it.”

Worse still, Crane said that it was impossible to say whether the team’s full year of sign stealing, including the playoffs and the World Series (which the Astros won), gave his team a competitive advantage. “Maybe it did, maybe it didn’t” he said. “Our opinion is this didn’t impact the game. We had a good team. We won the World Series and we’ll leave it at that.”

In later interviews with the players after the press conference, it sounded like everyone had been prepped to keep saying “2017” over and over, because there are lingering suspicions that the Astros scam extended into 2018 and 2019. As commentator Matt Vasgersian mused afterward on the MLB cable channel, if the Astros had won a championship cheating all the way through 2017 and hadn’t been caught, why would they suddenly stop the next season? Continue reading

Evening Ethics Reflections, 2/11/2020, While Waiting For Joe Biden To Go Down

Hi!

It looks like Joe Biden will end up fourth or worse in the New Hampshire primary, and if he does, it will all be over but for the shouting, or in Joe’s case, the blathering. This was pre-ordained from the second Joe entered the race: how anyone knowledgeable and paying minimal attention could see Joe was a shell of his former self, and his former self was never anything to get excited about in the first place. I have never believed that President Trump thought Biden was a threat to defeat him; if his determination to unravel the Biden’s influence peddling in the Ukraine had a personal component, it was that he just wanted to stick it to Joe and expose his hypocrisy. We will never know, I guess. But I assume trump knew he didn’t need to “cheat” to beat Biden.

It’s amusing and somehow fitting that Joe’s inexplicable “Lying dogfaced pony soldier” outburst is serving as a tipping point, with a lot of people suddenly smacking their heads “I could have had a V-8!” style and thinking, “Hey! This guy really is an idiot!” Yes, he really is. The fact that the bland Amy Klobuchar is surging as the new moderate (relatively) savior of the party shows just how bad Biden has been, and also just how unforgivably incompetent and unattractive a field the Democrats have offered America in 2020. On the hopeful side, at least Democratic voters have recognized Senator Warrren as the manipulative, untrustworthy demagogue she is. If a Massachusetts leftist Senator can’t beat Buttigieg and Sanders in New Hampshire, she’s not going to win anywhere.

All of this couldn’t happen to a more deserving party.

1. The President thinks Pete Rose belongs in the Hall of Fame. Of course he does. Our President has an unhealthy tolerance for liars and rogues. There has been a depressing outbreak of renewed sympathy for Rose, the game’s all-time hits leader who was banned from baseball for life after being proved guilty of betting on baseball games while a manager, betting on games his own team, the Reds, was playing, and lying about both over many years. The reason is the recent sign-stealing scandal, because, of course, one cheating scandal mitigates a completely different offense that didn’t have anything to do with cheating.

Naturally, there’s a tweet… Continue reading

OK, I Have No Idea What This Is. Help Me Out. Please.

Alyssa Nakken played first base on the Sacramento State women’s softball team from 2009 to 2012, being named all-conference three times  and Academic All American all four years. She  earned a master’s degree in sport management from the University of San Francisco in 2015, and interned with the San Francisco Giants’ baseball operations department for a year during that period.

Now she has become the first female major league coach.  New San Francisco Giants manager Gabe Kapler added her to his staff. Whether it was his idea or not is unknown.

What is her job? The Associated Press is a bit vague:

“Nakken will be in uniform and helping the Giants with everything from cage work to infield practice,” its feature says. The AP adds:

Kapler and Giants president of baseball operations Farhan Zaidi have all the confidence in Nakken’s ability to help build clubhouse continuity through stronger bonds between young players and veterans…A polished speaker who has become adept at hiding any nerves, Nakken is taking initiative early. She put on a two-day coaches retreat this week that included a “culinary experience” — much more than “a food tour,” she said — through San Francisco’s historic and diverse Mission District..

Nakken doesn’t claim to be an expert on hitting or pitching. She plans to assist coaches on both sides, and will also work a lot on outfield defense and baserunning. Nakken will be in uniform but not in the dugout during games, rather working with players in the cage to keep them ready..

Do you see my problem? Continue reading