Congress

Unethical Quote of the Week: U.S. Secretary of State Hillary Clinton

/ Jack Marshall / 7 Comments

Hillary said something unethical? I'm shocked! Shocked!

“But the bottom line is, whose side are you on? Are you on Qadhafi’s side or are you on the side of the aspirations of the Libyan people and the international coalition that has been created to support them? For the Obama Administration, the answer to that question is very easy.”

—–Obama Administration Secretary of State Hillary Clinton, responding in a press conference to Congressional objections that the U.S. continued participation in attacks on Libya violates the War Powers Resolution—which it undoubtedly does.

Most of the objections to Sec. Clinton’s comments focus on her apparent hypocrisy; after all, this is the same woman who as a U.S. Senator in 2003 objected to “are you with us or against us” rhetoric from the Bush Administration regarding the Iraq war by saying,  “I am sick and tired of people who say that if you debate and you disagree with this administration somehow you’re not patriotic. We should stand up and say we are Americans and we have a right to debate and disagree with any administration.” But this isn’t necessarily hypocrisy: Hillary has a right to change her mind. What is unethical about her statement on Libya is that it is manipulative, unfair and dishonest. Continue reading →

Sorrell v. IMS Health: Legal, Ethical, and Unjust

/ Jack Marshall / 1 Comment

The case of Sorrell v. IMS Health, which the Supreme Court decided yesterday, sharply focuses the philosophical disagreement over the role of the courts in public policy. The legal question was rather straightforward; the ethical issues are complex. Is it the Court’s duty to make bad—but constitutional— laws work, or is its duty to follow the laws, and leave it to the legislature to fix their flaws?

This was a case about incompetent  lawmaking. Gladys Mensing and Julie Demahy had sued Pliva and other generic drug manufacturers in  Louisiana and Minnesota over the labels for metoclopramide, the generic version of Reglan. The drug, used to treat acid reflux, had caused them to develop a neurological movement disorder called tardive dyskinesia. None of the generic drug’s manufacturers and distributors included warnings on the labels about the danger of extended use of the medication, even though the risk was known to them. Neither did the manufacturers of the brand-name drug. The problem was that the state statutes required generic drug manufacturers to included warnings about dangerous side effects, while federal regulations required generic drugs to carry the exact same label information as their brand name equivalent.  Continue reading →

Return to a Sore Subject

/ Jack Marshall / 1 Comment

"Does anybody care?"

[NOTE: An unusually busy travel schedule combined with terrible hotel WiFi and a week that was already stuffed with juicy and provocative ethics stories resulted in my not fulfilling my duties very well the last three days, for which I apologize sincerely. I’m going to make every effort to catch up this weekend.]

Rep. Weiner resigned at last, noting that his district and its constituents deserved to have a fully functioning representative in Congress, and that he could no longer fulfill that role. True enough, though one has to ask (or at least I do): if the people of Queens and Brooklyn deserve better representation than a hard-working, if dishonest, obsessed and twisted, pariah can offer, what about the people of the 8th District of Arizona, who have a representative who can’t funtion in her post at all?

I was going to wait until the six-month mark in Gaby Giffords’ rehabilitation to raise this matter again, since that will mark a full 25% of the Congresswoman’s term that she has been unable to serve, but the combination of Weiner’s resignation and the news of Giffords being released from the hospital created too much dissonance for me to ignore. I fully expect that I will be writing some version of this post 18 months hence, after Rep. Giffords’ entire Congressional term has passed without her voting on a bill or answering a constituent’s letter. To quote the singing John Adams in “1776,”: “Is anybody there? Does anybody care?”

Reports from various medical personnel enthused that Giffords has made remarkable progress, and “seems” to understand “most’ of what is being said to her, though she still has trouble articulating responses. That is great progress for someone who has some of her brain blown away by a gunshot at close range, but it sure doesn’t sound like someone who is going to be making a persuasive argument on the House floor any time soon, or ever. So are we serious about this running the country stuff, or aren’t we? Continue reading →

U.S. Attorney General Ethics, Rule #1: Remember What Your Job Is

/ Jack Marshall / 10 Comments

"I am acting based on the expressed instructions of my client, who is, unfortunately, a moron."

How does the nation’s highest ranking lawyer forget what a lawyer’s job is? If I had to guess, I would say it could happen when the U.S. Attorney general in question is thinking about politics more that the law, and has been under such continuous fire from the public and the media for repeated bungles that he no longer knows who he’s working for.

But that would just be speculation on my part.

We know for certain, however, that U.S. Attorney General Eric Holder delivered a statement announcing that Khalid Sheikh Mohammed and his four co-conspirators would be tried by a military tribunal at Guantanamo, and not in civilian trials in the U.S. as the Obama Administration had preferred. In the middle of this statement, Holder says, Continue reading →

The Giffords Fiasco, Continued: “Gaby Giffords For Senator”

/ Jack Marshall / 13 Comments

Would Arizona Democrats run El Cid for the Senate?

The Gaby Giffords saga has officially moved from irresponsible to offensive.

If Rep. Giffords, shot in the head by Jared Loughner in January, is able to return to her challenging job after such a violent brain injury, she will be the first such victim to do so in medical history. She has been incapacitated for three months, and her inability to return to her duties for the rest of 2011, one-half her term, is assured barring a miracle of Biblical proportions. But no effort is being made to fill her de facto empty seat, and it increasingly looks as if her staff, party and supporters are determined to keep her in a job she cannot perform, Arizona and the Congress be damned, for her entire term.

This is irresponsible enough, but now there is this: the New York Times reports that Giffords’s aides, backers and supporters are seriously laying the groundwork for Giffords—who currently cannot speak, except in short sentences—to run for retiring Senator Jon Kyl’s  seat 2012: Continue reading →

The Tears of Keith Ellison

/ Jack Marshall / 14 Comments

The grand drama at Rep. Peter King’s Congressional hearings investigating the radicalization of American Muslims last week was provided by Rep. Keith Ellison, who broke down crying while telling the story of a Muslim-American hero, Mohammed Salman Hamdani, who rushed to lower Manhattan on the morning of Sept. 11, 2001 to assist in rescue efforts, and died in the collapse of the World Trade Center. Ellison said:

After the tragedy some people tried to smear his character solely because of his Islamic faith. Some people spread false rumors and speculated that he was in league with the attackers only because he was Muslim. It was only when his remains were identified that these lies were fully exposed. Mohammed Salman Hamdani was a fellow American who gave his life for other Americans. His life should not be defined as a member of an ethnic group or a member of a religion, but as an American who gave everything for his fellow citizens.

I found the performance odd and vaguely troubling, and now that I’ve thought about it for a few days, I know why. The statement by Ellison, who converted to Islam, and the tears that accompanied it, raise a few ethical issues, beginning with the Ethics Alarms standard, “What’s going on here?” Continue reading →

NOW Is It “Too Soon”? Rep. Giffords Needs To Resign

/ Jack Marshall / 11 Comments

Rep. Giffords' seat should be filled

Today the New York Times reports on grievously wounded Arizona Rep. Gabrielle Giffords’ recovery, which appears to be going remarkably well. Back in January, I was much criticized for suggesting that Rep. Giffords had a responsibility to resign from her seat (“Unavoidable Ethics: Giffords Need To Resign,” 1/17/11), as it was obvious then (though not polite to admit) that her recovery from the bullet hole in her head could not possibly occur quickly enough to allow her to make a meaningful contribution in Congress during her current two-year term. Well, it is still obvious, and the ethical priorities remain clear.

We learn in the Times piece today (or at least I did) that the Congressman is still without half of her skull, which was removed to prevent damage from brain swelling. The skull pieces are in a freezer, and will probably be restored in surgery that is planned for May. The recovery from the surgery, I assume, will extend at least into June, and then she still has to travel the long and arduous road back to whatever her final cognitive and physical abilities will be—and they will not be what they were before the madman started shooting. Continue reading →

Judge Vinson’s Ruling on the Individual Mandate, Rejecting Utilitarianism

/ Jack Marshall / 21 Comments

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 →

Unavoidable Ethics: Giffords Needs To Resign

/ Jack Marshall / 24 Comments

Rep. Giffords doesn’t have to face this inevitable decision now or tomorrow or in the next few weeks. She will have to face it, however, and as soon as she is well enough to evaluate her situation realistically, she owes it to her district and the country to step down, and let someone take her place as Representative of the 8th District of Arizona. Continue reading →

Disrespect for a Sacred Document

/ Jack Marshall / 15 Comments

Those seeking the perfect cautionary tale about the dangers of hyper-partisanship need look no further than the truly disgusting display in the last couple of days by the Democrats and liberals who criticized, ridiculed, mocked and derided the decision to read aloud the nation’s founding document, the Constitution, at the commencement of the new Congress. Continue reading →