Saturday Ethics Warm-Up, 12/8/18: Last Weekend Before I Have To Decorate The %^&$! Christmas Tree Edition

Good morning!

1. How can this be? Based on the same documents, the President crowed that Mueller had nothin,’ and the mainstream Trump-hating media crowed that the walls were closing in. It’s a confirmation bias orgy! Charges aren’t evidence, and attempted contacts with a foreign power isn’t “collusion,” and we’ve already talked about the theory that paying off a floozy not to kiss and tell, which is 100% legal at all other times, is a stretch to call and election law violation when the rake is running for President. No such case has ever been brought; it’s dubious whether one would prevail; even if it did, this is a fining offense at most. [ For the record, this is the “resistance’s” Impeachment Plan K, in my view, one of the lamest.]

Both sides are jumping the gun. In the media’s case, it’s more fake new, future news and hype.

2. Stare decisis vs. the prohibition on double jeopardy. In Gamble v. US, just argued before the Supreme Court, the question is whether the federal government can try a citizen for the same crime a state court acquitted him of committing. I’ve always hated the rule that it can (the cops in the Rodney King case were jailed that way), because it seems clear to me that the Constitutional prohibition on double jeopardy (that’s the Fifth Amendment) was intended to prevent such trials. Still,  previous Supreme Court decisions have upheld the convictions.  In the current case, it appears from oral argument that a majority of the current justices agree with me, but are hesitant to so rule because of the doctrine of stare decisis,  which means respecting long-standing SCOTUS precedent.

A ruling to apply double jeopardy would be a ruling against stare decisis, meaning that Roe v. Wade might have less protection than many—including me–have thought. Stay tunes, and watch Justice Kavanaugh’s vote particularly.

3.  Is wanting to/needing to/ actually taking steps to changing one’s sex a mental disorder? There have been a lot of articles about this lately, especially in light of evidence that peer groups, the news media, LGBT advocacy and parents are making many young children want to change their sex before they even know what sex or gender is. The question is itself deceptive, because it pretends that “mental disorder” is anything but a label that can be used or removed with a change of attitude or political agendas. Vox writes,

Major medical organizations, like the American Medical Association and American Psychiatric Association, say being transgender is not a mental disorder. The APA explained this in explicit terms when it stopped using the term “gender identity disorder” in favor of “gender dysphoria”: “Part of removing stigma is about choosing the right words. Replacing ‘disorder’ with ‘dysphoria’ in the diagnostic label is not only more appropriate and consistent with familiar clinical sexology terminology, it also removes the connotation that the patient is ‘disordered.’”

Well, “removing a stigma” is hardly a valid criteria for deciding whether something is a malady or not. What being transgender “is” can’t be changed by what we call it. Recently narcissism was removed from the mental disorder list—that doesn’t change the fact that narcissists see the world and themselves in a way that most people do not, and that this perspective causes them and the people around them a lot of trouble during their lives. The process worked in reverse with alcoholism, where being officially labelled a disease removed a stigma.

I once directed the comedy/drama “Nuts,” which opines that “insanity” is just a view of reality not shared by the majority. It was on this basis that the Soviet Union sent dissidents to mental hospitals. I don’t care what various associations or professionals call these minority positions: we know that they are using bias and political agendas to devise the label. This is one area where a phrase I despise, “It is what it is,” may be appropriate. Continue reading